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    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
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Taking HSBC to Court


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Since December I have been writing back and forth first to Metro the to DG asking for three things:

 

1.Validation of the ‘debt’ (the equitable accounting of the transaction)

2.Verification of your claim against me. (A sworn affidavit.)

3.A copy of the contract binding both parties.

 

 

 

 

They have not been able to provide me with that information. Keep sending me copies of my statements and finally last month sent a letter stating they no longer wish to carry on corresponding with me. They have threatened legal action and what not but won't sit down. I did use use a template letter from a guy named John Dempsey where if the couldn't prove it they owe me 5x the asking amount for me to pay. I sent them this letter recorded delivery about half dozen times with amount. They kept sending me till the gave up various letters as to why one issue couldn't be addressed.

 

 

 

My question is taking them to court one asking debt be discharged and can't figure out second.. thought it would be harassment as what they are doing is fraud.

 

 

Below is what was sent out a few times recorded delivery but never mentioned whenever it was sent this similar letter.

 

 

 

FAILURE TO TIMELY COMPLY WITH THE REQUEST FOR PROOF OF CLAIM, ENUMERATED HEREIN, CONSTITUTES DISHONOUR AND A TACIT ACKNOWLEDGMENT THAT YOU OR YOUR COMPANY ARE WITHOUT STANDING TO STATE A CLAIM RELATIVE TO THE INSTANT MATTER.

YOUR ORIGINAL PAPER REFERENCED ABOVE WILL THEN BE RETURNED, WITHOUT DISHONOR, FOR FAILURE TO STATE A CLAIM.

FURTHERMORE, YOU, DG SOLICITORS ACTING ON BEHALF OF HSBC AGREES TO PAY ME FIVE TIMES THE AMOUNT OF THE SUM YOU ARE REQUESTING FROM ME, AMOUNTING TO - £8690.85 -AS COMPENSATION FOR THE BOTHER ETC. I HAVE BEEN CAUSED.

 

 

Any advice would be great!

 

 

Andrew

 

 

Love mary Croft and her free book!

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I already know the amount to claim against them my main concern is besides discharging debt for compensation what is the claim against them that I tell the court. I am working on filing the papers only but hung on second part to claim against them. Is it just discharging debt and compensation? Next thing is when I go to court judge will want to know compensation for what? But this last question will write something down after starting court action proceedings.

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Hiya Andrew, in a county court claim situation all you can claim is the amount that the bank have unlawfully deducted from your account plus any interest that has been accrued against those charges.

 

In addition to that your allowed to add the cost of bringing the claim to court so you add your court fees to your figure and then finally your allowed to add 8% county courts act section 69 interest and that is what you should put on your claim form :).

 

If you win your claim then you are allowed to ask for your costs in producing the paperwork and minor expenses attending court etc but this all needs to be documented with receipts for printing, photocopying etc and you time will need to be recorded accuratly... also this will be at the discretion of your judge and even with a large claim your unlikely to get more than £150 to £200

 

pete

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You're right pete , the last I heard the maximum that judges were allowing for time costs (for preparation of case etc) was £9.50 per hour .......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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