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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      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.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Lowell/BW Legal V Myself help have now issued a claim


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Hi C,

 

Just spoke to the local court what had happened was the case has crossed over with the application the lady on the phone said she recieved a application from the claimant for Judgement in default, so they issued it, but shortly after the file came down for the strike out she sad that she will remove the default right away, and refer this back down to the Judge for the strike out application.

Restons must have tried to default Judgement me!!!!! Bast****

thanks for following this, it seems it starting to get interesting.

 

B

 

 

Restons arent the only ones to do this, sadly. Good job you were on the ball :D

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Er, didn't I predict this would happen? Cough... Cough... Nudge, nudge... Check out post #73 :p

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Where there any directions with the Notice of Hearing?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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hi chris thanks for getting back.

 

no just a letter came through telling me that a hearing date have been set 21st november i think. thats all.

very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100.

nothing from them or restons with reagrds to my CPR request.

another thing i have noticed also from reading the agreement, that there is no condition at all for cancelation on the agreement, there is no mention at all, is this enforcable??

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Was it cancellable, though?

 

Nothing for you to do - Restons have to file and serve their response at least 7 days before the hearing. When they do, come back here.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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hi chris, i presumb it was cancellable it was regulated under the CCA. this is one of the prescribed terms it must have.

it was a fixed loan on a sofa from DFS.

Ok ill wait and see what i get from them is there anything i should expect from them until then, will they try and tricks?

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Hi bh, congrats on being on the ball :cool:: Chris, lucky guess!;)

 

i've been keeping a watchful eye on your thread, as you know from previous posts on this thread, I'm going through exact same thing just one step behind you. Phoned my court the other day for update (it's been over a month since I filed the SO request) but they still haven't even processed it before a judge! I'm assured it will be dealt with this coming week, so assuming I get the same hearing, will be very helpful to see how you emerge victorious!

 

If I find any more out, or anything to help you, I'll let you know.

To err is human: to completely mess up is my peculiar gift.

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hi chris, i presumb it was cancellable it was regulated under the CCA. this is one of the prescribed terms it must have.

it was a fixed loan on a sofa from DFS.

Ok ill wait and see what i get from them is there anything i should expect from them until then, will they try and tricks?

 

The Act is clear on what is a cancellable agreement and what isn't.

 

I suspect this isn't as you would have signed it on the suppliers premises as their place of business.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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'very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100'

 

Hi HFC have been sending these to everyone(who has accounts with them :lol::lol:), it is something to do with the legal requirement to send out statements of account every 6/12 months.

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'very wierd though this week recieved an annual statement from HFC bank telling me how much is outstanding on my loan.

the figure was around 1100'

 

Hi HFC have been sending these to everyone(who has accounts with them :lol::lol:), it is something to do with the legal requirement to send out statements of account every 6/12 months.

 

Yeah me too, I get a couple, very 'professional' statements they are too: look like a generic Credit Card statement in almost every way, as if to make it look like you REALLY do 'have an account' with these ****. God help me if I were ever to WANT to take an account with these monkey-sharks.

To err is human: to completely mess up is my peculiar gift.

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Thanks Guys for the help and support and thanks to Chris I could not have done this, to be frank would not have had a clue about all this.

I have plenty other creditors I would like to take on like Barclays and M&S and HSBC. so ill be here for the long haul.

Will keep you all posted thanks for all your support again.

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  • 1 month later...
Hi bh

 

Have just read through your thread. Any update?

 

I saw Restons off about 12 months ago, they discontinued!!

 

Regards

SC

 

hi SC,

 

thanks for taking interest yes this is my first time with them, im up in November i really sont know what to expect, does the case sound similar to yours and also do you have a link to your thread :D

Ill keep you posted.

 

Thanks Again

BH

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  • 3 weeks later...

hi everyone i need some advice.

 

 

my court date is for 23rd November!!! should i have heard anything yet from the other party, do i just turn up at court????

 

this is for strike out this was my application, havent heard a sausage seems too quite for my liking,

 

 

regards BH

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Is you hearing on the 21st or 23rd November ?

 

As car2403 has posted earlier, Restons are obliged to respond at least 7 days before the hearing....................but knowing Restons, they'll respond as late as possible. :rolleyes:

 

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My case with Rob Way is much much sooner..... I phoned court who said that they had received nothing and that if the other side turn up with paperwork on the day inform the DJ about abuse of process and possibly ask for adjournment

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Is you hearing on the 21st or 23rd November ?

 

As car2403 has posted earlier, Restons are obliged to respond at least 7 days before the hearing....................but knowing Restons, they'll respond as late as possible. :rolleyes:

 

Yes, absolutely, they seem to have real issues complying with court orders - and they always seem to get away with it by the skin of their teeth :mad:

 

As it stands, technically, they can't submit anything at the hearing, even a witness statement, as they haven't complied with the orders :lol:

 

What is likely to happen, though, (again, :mad:) is that they will serve their "response" to the application by email and beg the Court for forgiveness, which they will probably get :mad::mad:

 

What can you do about it? Well, very little, in all honesty. You can say you are prejudiced by a later submission. If you do, the Court will likely adjourn the hearing and relist it - meaning that you have to wait for another hearing date.!!! (I've run out of smilies, now)

 

You could apply to the Court for an order that they do comply with the original orders, but that will take longer than actually going with the flow, for now...

 

Up to you, but I'd wait and see what their next action is. Me thinks you'll get a late witness statement, plus they'll fax it to the Court and ask them to allow them to submit late. IMHO, that is... ;)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks Chris,

 

its now 7 days before the trial, and nothing :(

 

I just need to now or some asvice on what will happen when I go to court next week, should i take anything with me or just take myself, and anything to expect.

 

Thanks Guys

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Have a look at this link -

 

BRW's post on What to pack for a day in court

 

and this one as well from post #13 (I'd read it all though ;) ) -

 

Basic Introduction to Consumer Credit litigation

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi I took 3 copies of everything ........ only to be told 'that is defence, that is defence, that is defence'!!!! Nothing was looked at.

My strongest argument appeared to be no NOA and resulted in new POC:(

Good luck

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Hi I took 3 copies of everything ........ only to be told 'that is defence, that is defence, that is defence'!!!! Nothing was looked at.

My strongest argument appeared to be no NOA and resulted in new POC:(

Good luck

 

Sorry to read of your Judge, Cymru.

 

However, better to be prepared than not.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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