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    • said it twice now - a letter of claim..click and read   fleecers leave things until near SB date so as to wrack up maximum interest they can get on the debt   as long as all your debt owner on any debt that you might have used/paid within say the last 7 yrs have in writing been told of your correct and current address, and all of your old addresses are showing on your credit file as linked addresses then you should be ok.   dx  
    • Hi thanks for your help, I’ve sent the letter. I am worried though that I won’t know what to ignore and what to not? Will the notice of claim be marked as such ans can I post back on here if I get one?  Also- how do I know I haven’t had a CCJ already ? I just can’t quite understand why they would wait this long ? thanks 
    • It's not necessary to see an invoice. You will have to figure out how much you paid for the installation part of the work which was carried out – because that is what you want to claim back. If it's not clear what proportion of the bill was in respect of the installation, then you will probably need to get some outside opinions – independent opinions – as to the cost of an installation. It would be better to understate the value then overstate it – because if the cost is not clear then that could become the subject of a dispute if you take this to court. You will be better off identifying an amount of money which you could reasonably attribute to the cost of installing the new turbo – and which will be supported by independent evidence – and which will be accepted without much question from the judge.
    • It's clear, but it's. Not correct. The 2000 was for other work also  I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct.   I will send a copy this evening after work if you don't mind.
    • I'm not too sure what to suggest other than to keep on trying during the day and try again tomorrow. I suppose that it is just possible that they have now filed an acknowledgement and that in some way it has overlapped with the end of the 14 day period – which apparently ended on Sunday. If you are not able to enter judgement by tomorrow, then I think you should phone the court. Keep on trying throughout the day.
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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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Hardship Bank Charges Lateral Thinking


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I have recently had a converstion with the Council Tax people to see if I was eligable for a reduction on Council tax. They told me I wasn't , because my Working Tax Credits made my income up to the level at which you have to pay the full rate. WTC are regarded as income.

 

This got me thinking .

 

If you ask why are banks taking your kids food and shoes money ,in exhange for a piece of paper telling you they have done this,( This is a Bank Charge) they reply it is impossible for their highly complex financial operation to dinstinguish between your benefits and other income.

 

 

If you haven't sent the bank a letter demanding a right to first appropriation of any benefits, ( it is actually illegal for them to take your benefits to pay debt*,) then, any time they have made a charge they have still taken your benefits and you can easily prove what is monthy earned income and what is benefit. Ie if you pay in £1000 and get £100 WTC monthly then at least 10% of all charges and interest must be derived from those benefits.

 

Irrespective of whether they recgnise hardship and fully return the full amount of charges they have a legal duty to return at least 10% of those charges and interest charged on the overdraft as well as 8% intrest on the % of benefit incurred over the period of time they have been making charges . And if you consider the legislation this should be, no quibble, immediate, and a separate issue from general hardship reclaiming of charges and interests incurred.

 

Social Security Administration Act 1992 *

 

187 Certain benefit to be inalienable (1) Subject to the provisions of this Act, every assignment of or charge on—

 

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

© child benefit,

 

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

 

 

What do you think? Is there a time period

 

 

Hardship

The FSA has set out official hardship guidelines to include the following:

 

 

  • Are items repeatedly being returned unpaid due to insufficient funds?
  • Are you defaulting on loan repayments or other financial commitments?
  • Has your regular income stopped eg have you lost your job?
  • Are you considering bankruptcy or getting an IVA?
  • Are you making regular requests to increase your borrowing or regularly rescheduling debts? eg are you often increases credit card limits in order to pay bills? Do you have a debt management plan in place as you can't afford repayments at the usual rates?
  • Are you taking cash out from a credit card that has a higher rate of interest?
  • Are you repeatedly going over your credit card limit or overdraft without a prior agreement in place with your bank or creditors?

 

The FSA has also said that: "where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months that is to be treated as indicative of financial difficulty.

Edited by roofovermyhead
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I have recently had a converstion with the Council Tax people to see if I was eligable for a reduction on Council tax. They told me I wasn't , because my Working Tax Credits made my income up to the level at which you have to pay the full rate.

 

This got me thinking .

 

If you ask why are banks taking your kids food and shoes money ,in exhange for a piece of paper telling you they have done this,( This is a Bank Charge) they reply it is impossible for their highly complex financial operation to dinstinguish between your benefits and other income.

 

 

If you haven't sent the bank a letter demanding a right to first appropriation of any benefits, ( it is actually illegal for them to take your benefits to pay debt,)

 

It is only ILLEGAL or maybe the term UNLAWFUL is actually the right terminology if they have taken you to court and your benefit has been assigned to the bank(that bit is unlawful under the Social Security Administration Act 1992).

then, any time they have made a charge they have still taken your benefits and you can easily prove what is monthy earned income and what is benefit. Ie if you pay in £1000 and get £100 WTC then at least 10% of all charges and interest must be derived from those benefits.

Bank charges from benefits are not unlawful btw.

Irrespective of whether they recgnise hardship and fully return the full amount of charges they have a legal duty to return at least 10% of those charges and interest incurred.

They don't but they should look at returning part of the money taken from benefits if the account is over the overdraft limit since the customer might use the principals in "treating customers fairly" to argue that the bank refused to allow them access to it. The bank can ask that some of the money is repaid to any amount outstanding/owing on the balance at the point the benefits go in. The FOS would see that as reasonable.

What do you think?

Non starter to a degree.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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