Jump to content
  • Tweets

  • Posts

  • 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 4089 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 there this is my first time posting on this forum, so please forgive me if I have missed anything important / misunderstood any of this but I have tried to find the answer to this myself and couldn't find anything which covers my specific circumstances.

So here goes...I will try to cut this as short as possible. About a month ago I received a note through by door from bailiffs in relation to four PCN's. I had not received any other paperwork in relation to this before this time, but I don't know why as my address has not changed.

Anyway having had a scoot around this forum I took the step of calling the TEC to check that the warrants were still valid, which they were, the latest expiry date being March of 2010. So I then submitted OOT stat decs in respect of each PCN. To my horror these were returned to me refused. I have no idea why and the letter that came with them said that they don't have to tell me why (really??)

So my only course of action now is to submit an N244 in respect of each ticket which will cost me the tidy sum of £300. I was just going to do this but having trawled the web again on this subject I am now more reluctant to do so. The reason for this being is that I have seen that these are often simply dismissed without a hearing or explanation and therefore I would just be throwing £300 down the drain. Is this true? Is there any point in submitting the N244? Also what exactly is the £75 for, i.e. is this the cost of a hearing so that if the N244 form is returned to me refused without a hearing then I get the £75 back or do I pay the £75 just to put the application form in and would therefore have to pay it even if I don't get a hearing?

The other concern I have with this is that I have read that even if I do get a hearing I will have to have a good reason for not having received the paperwork if the council states that they sent it. This confuses me a bit, how can I have a good reason for not receiving something? I don't know why it didn't get to me, it may never have been sent, got lost in the post, put through the wrong letter box, eaten by a crocodile at the Royal Mail sorting office...........eg I have no idea. As I don't really have a reason does this mean that I would lose at the hearing anyway?

I am in the process of getting the Council's statement of truth from the TEC which may or may not help me. I guess what I want to know is, is it worth my risking £300 to get these tickets back to stage one, or do I simply tell the bailiffs to get knotted (they will get nada from me) and wait for the warrants to expire?

Thanks all.

Link to post
Share on other sites

First thing I would do is call the council and ask them to confirm the address the documents were sent to, including postcode. You should have been sent a Notice to Owner, Charge Certificate and Order for Recovery for each PCN - that's 12 pieces of correspondence in addition to the PCNs themselves.

 

Ask them also if they have any record of anything being returned undelivered by the Post Office.

 

If these have gone out to the correct address, and nothing returned to sender, in my view you have little hope of convincing the court that you were unaware of the PCNs. Not my opinion - I'm not casting any judgement - but you can see the difficulty you will have.

 

If they sent docs to the wrong address, then this makes the N244 more realistic, and if successful I believe you can claim costs and gat the £300 back. (Not 100 per cent sure of this though.)

 

If not, then you'll have to weigh up the gamble of an unsuccessful £300 action against what the bailiff is after.

 

Hate to say this, but telling the bailiff to get knotted is the worst thing to do. It's not optional in that sense - they can enforce payment. You're better off co-operating with them than ignoring them, because they'll just send more letters or pay a visit and you will become liable for the extra charges they will impose.

Link to post
Share on other sites

Jamberson - thanks for the response. I take your point on the N244 front, which is why I ask the question. I am not convinced that I have a case either. Will have to mull that over but @£300 its quite a risk.

 

Re the bailiffs - as far as I am aware they can only enforce payment by a) gaining peaceful entry to my house (I won't let them in) or taking my car (its on HP so not an option either) therefore I am left wondering how they can possibly enforce these warrants. Am I wrong?

Link to post
Share on other sites

Ultimately if you can ensure they are never allowed entry, then you might be able to defy them. I'll give you my thoughts, and maybe others will have comments too.

 

You can expect your car to be clamped/towed at least once, although you should be able to get it released without paying, as it's something they know they shouldn't do. (It will take up your time of course if this happens.)

 

You may also be pulled over by the police and required to prove to them that the car is on HP.

 

If you're going to do this, it might help to send them a letter by recorded delivery stating that the car does not belong to you and is on an HP agreement. They'll probably disregard it, but at least it's on record.

 

If they do manage to get in the house one time, I believe they can force entry from then on, so you'll have to make sure it's cast-iron that they can't get in. Keep windows closed when you're out.

 

I think if you are in arrears with council tax they can apply for an attachment of earnings, and lump in the PCN charges as well, which would enforce payment.

 

Be aware that the warrant lasts 12 months, but the debt continues to exist after this. 12 months isn't necessarily the end of it.

 

And meantime, everything they do will be added to the amount they are claiming.

 

I'm not trying to persuade you to pay them, but these are the sort of things you need to be aware of when deciding what to do. Good luck whatever you decide.

Link to post
Share on other sites

I understand what you are saying, but there is no danger of them ever getting access. My car is also kept in a lock garage whenever it is not being used (mainly to stop the kids next door scratching it with their bikes) so I really don't feel I have any cause for concern on that front. Besides which I am fully aware of my rights as to what they can and can't do which they will be politely advised of should they persist.

 

The only other thing I would like to ask is I have today asked for a copy of the Council's statement of truth from the TEC. They told me that I have no right to see it and refused to sent it to me. The also stated that they would not tell me what name and address was on the warrants? I thought they had to give me this info? Is this right or not?

Link to post
Share on other sites

Also sorry maybe I didn't make it clear this is decriminalised parking so nothing to do with the police. I am not in arrears with mu council tax either but I would be absolutely astounded to hear that a council could lump in PCN charges to council tax. Can I ask where you got that from as the two are entirely unrelated, although I must say (tongue in cheek) that councils clearly do think that PCN's are just another form of raising tax revenue.....

Link to post
Share on other sites

Not sure if you have a right to see the statement of truth.

 

The bailiff would be the person to ask about the address on the warrants - the council would be the people to ask in relation to the address on the other documents, the ones which went out before the warrant was granted. They are probably the same, so either one should satisfy the question of whether the address is correct - I'd get it straight from the Council - where did they send the Notice to Owner?

 

Sorry if it sounded like I was being pessimistic. I don't want to discourage you from standing your ground.

 

I worked for several years within the system and the police can pull you over and (if the car was yours) impound it. Decriminalised or not - it happens.

 

And yes, a debt for council tax could be amalgamated and enforced through attachment of earnings. I've known it happen. Not an issue here though.

Link to post
Share on other sites

Ask to see the warrant, check it is a proper court produced warrant, bailiffs are known to print their own. and check it does not quote out of date legislation.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...