Jump to content
  • Tweets

  • Posts

    • Once it is confirmed that you have the judgement, then you should get it enforced by the High Court enforcement officers. This means that you will have to go to a HCEO website, and begin the process. It will cost you £66 to have the County Court judgement converted into I High Court judgement and then an order to HCEO to enforce the judgement. You will need to double check that if they are unable to enforce it, that you won't be responsible for the fees. It is standard nowadays for the defendant to be responsible for enforcement fees and if the enforcement fails, then HCEO have to absorb the costs themselves. However you should just check that this is the case when you begin the transfer up process. (Transfer up is where the judgement is sent up to the High Court for enforcement). Enforcement this way is available for any judgement more than £600. High Court enforcement is very vigourous and is the best way forward. However, it is at the enforcement point where you will start to learn whether the defendant exists/has assets/is at the address which you used for the claim/all sorts of other ways that they escape.  
    • Finally the Charge has been taken off after having  to chase them again, because it was still showing on their payment site till yesterday. Thanks for all the advise and help. I have made a donation too and hope this helps in helping other people. 
    • Yes, you don't get a free motorcar. At the end of the day, you have to find yourself in the position that you would have been had the contract gone ahead. That means that you made a contract for a vehicle of a certain value and if goes well, you walk away with that expected value in your pocket.
    • as you've no doubt read in other gym threads ( i hope??)  here any adim fee is a 'penalty' and is unlawful.   dx  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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.
       
        • Thanks
      • 3 replies
    • 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!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 4110 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone, this is my first post as I really need some advice please!

 

While in France last week with my mum and my 4 month old baby we were reversed into by a French driver, while my mum was driving a hire car.

We were on our way to the airport for a flight home, and needless to say the hooha of getting his info and informing the hire company etc led us to miss our return flight.

We paid 250 euros for new return flights, and the 500 euros excess on the hire car (which we will get back when that is sorted) BUT Natwest Gold Insurance say we are not covered for the return fares as it was not OUR car that was in the accident!

 

The clause they appear to be using is this one, although they wont tell us for sure that this is the clause, apparently we have to make a claim and it be refused - thats when they tell us the clause it was refused under!

''What you are covered for

We will pay up to £1,000 per insured person for additional

accommodation, travel expenses, meals and refreshments,

if you fail to arrive at your departure point in time to board

your booked transport and this is because of:

1. An accident or breakdown involving your own vehicle;

2. The scheduled public transport taking you to your departure

point not running to timetable.

The definition of public transport is the following scheduled

service: train, coach, bus, aircraft or sea vessel.

Claims conditions

In addition to anything mentioned in the general conditions,

in order for your claim to be considered you must:

1. Provide confirmation of your scheduled departure time as

detailed on your travel itinerary and your actual departure

time from the airline/carrier.

What you are not covered for (exclusions)

In addition to anything mentioned in the general exclusions,

we will not pay for claims which are a result of:

1. You missing the check-in time as shown in your travel

itinerary for any reason not detailed in the ‘What you are

covered for section’.''

 

Can anyone please shed any light onto whether or not they should cover a car that has been hired by us (we are both Advantage gold holders, so both have their holiday insurance) should be classed as our car?

I might sound dull here, but if they are saying its only ever your own car, then this doesn't apply to anyone once out of the country (unless taking own car on ferry etc!) - I have checked the policy a lot and cant find anywhere about whether a car hired is classed as your own?

 

Please help, our nice cheap week away so far has cost quite alot of money!

thanks!!!

Link to post
Share on other sites

I would ask them if you were covered if your car was on HP (owned by the finance company) or a company provided car (owned by your employer or a leasing company). Their clause appears so vague as to be meaningless - but you may need the Ombudsman to untangle it for you if they don't back down.

Link to post
Share on other sites

I thought I posted earlier, evidently not.

 

I was going to say that you could use the contra preferentum rule, which means that where wording is ambiguous, the meaning that favours the policyholder is used.

 

I cannot see how they can rely literally on the term "owned by you", as exampled by Pat. I think what is meant is a vehicle insured on the policy.

 

In fact, have a look at your policy documentation under definitions (if they bothered to actually provide some). "you", "your" should be defined be defined. See if "your car" is also defined and let us know.

Link to post
Share on other sites

Hi

 

I checked, there is the normal definition for 'you', but not your car or anything of that kind.

 

We will get back to them with what you have suggested and see what comes of that!

 

Thank you :-)

Link to post
Share on other sites

Have you thought about claiming from the French driver's insurance company? Technically the french driver made you miss the flight, so would be liable for the financial damage caused to you.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...