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 4027 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

Bailiff attended my house this pm and clamped car. Not certificated and my daughter has asked them to prove who they are and when and where certificate was issued via text as courts had no record etc. They didn't respond but reappeared and told her in no uncertain and threatening terms that she is saying they are lying and flashed a card at her but she could not see it what was on it as he was waving it in front of her face. They are now sitting outside and I believe they have called the police. I have told her to ring local council up and inform them that they are not certificated and therefore she is not liable to pay their fees they are imposing and that they are committing an act of trespess. Any help much appreciated.

Link to post
Share on other sites

is this for council tax

did you phone the ministry of justice to confirm he is not certificated

if council tax he must have the liability order with him and have his certificate with him

Link to post
Share on other sites

http://www.hmcourts-service.gov.uk/c...orms/ex345.pdf

 

if he is not certificated and the police do arrive print out a copy of this and give it to the police

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates

Link to post
Share on other sites

Its for a PCN. He has since showed her another certificate which was issued by Medway Court and is valid until 2010. Can't understand why Medway Court said he wasn't on their lists. Is it possible its a fake? He works for Marstons Court (which seems to me to part of the Marstons Group).

Link to post
Share on other sites

Spoken to them and say not on records. Bailiff and Marstons has said that the Court made a mistake and he is certificated. Spoken to Court and they now admit error. Marstons have said they are sending tow truck to take car away now and that we have to pay £590 or the car goes. Lewisham Council don't want to know. Haven't got the money so looks like the car will have to go. Fees seem excessive to me as its a first visit. Any help much appreciated.

Link to post
Share on other sites

is the car on any finance or lease hire or registered as a disabled vehicle the fees do seem a little high .. have they been to you before and did you get a letter before they came warning you that they will attend unless payment is made

Link to post
Share on other sites

Have they supplied a full breakdown of their fees?

remind them that they are duty bound to do this in accordance with the National Standards for Enforcement Agents.

Link to post
Share on other sites

Its for a PCN. First time they have called and haven't received any letters from Marstons regarding the PCN. They are still sitting outside but they won't get their money as I just haven't got it. Single parent with 4 kids but I am working but every bit of money I get goes on paying bills, etc. Think it was one of my ex-husbands parking tickets.

Link to post
Share on other sites

Think it was one of my ex-husbands parking tickets.

is the car in your name and the ticket in x hubby's name if you know nothing about this ticket you can fill in a form and send it to the court

 

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

.forumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

Link to post
Share on other sites
Guest Happy Contrails
Marstons have said they are sending tow truck to take car away now and that we have to pay £590 or the car goes. Lewisham Council don't want to know. Haven't got the money so looks like the car will have to go. Fees seem excessive to me as its a first visit. Any help much appreciated.

 

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides:

 

Letter Fee £11.20. If letter arrives after first visit is made then its £0.00

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200.

If no levy is made then bailiffs can charge fees for a maximum of three visits.

Multiple fees cannot be charged for simultaenous unpaid ticket collections.

 

The law does not provide for a bailiff to charge a fee to fix or remove a wheelclamp to a car or sending a tow truck or a van to an address. The law provides "reasonable costs" for attending an address with a view to transporting goods in a van, if no goods are transported in the van then the van fee is £0.00. Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00. More

 

If you think you have grounds to appeal against the ticket then speak to a parking tickets expert and call the Traffic Enforcement Centre on 08457 045007. More: Info about - County Court Bulk Centre - Traffic Enforcement Centre

Link to post
Share on other sites

The car is in my name unfortunately. Right about the Police though was a scaremongering tactic. Managed to do a deal with them to pay it in two weeks but they won't remove clamp from car which means kids can't get to school etc.

Link to post
Share on other sites
If this PCN is in your husbands name is the car they have clamped in your name if so then they cannot clamp it and they cannot chase you for the debt.

 

A very important point.

Link to post
Share on other sites
The car is in my name unfortunately. Right about the Police though was a scaremongering tactic. Managed to do a deal with them to pay it in two weeks but they won't remove clamp from car which means kids can't get to school etc.

 

Is the parking ticket in YOUR name?

Link to post
Share on other sites
Guest Happy Contrails

Did you complete an Notice to owner naming your husband as the driver? Its required under S172 of the Road Traffic Act.

Link to post
Share on other sites

Also if you did not receive any notice for this PCN you could file a Statutory Declaration Out of Time and Statutory Declaration. TE7 & TE9, that is only if you did not get any notice for this.

Link to post
Share on other sites

Should not take 2 weeks to get to bottom of this-have they given the breakdown yet and did you ask for it ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites
Guest Happy Contrails
I have told her to ring local council up and inform them that they are not certificated and therefore she is not liable to pay their fees they are imposing and that they are committing an act of trespess.

 

Section 78(7) of the Road Traffic Act 1991

 

Is the clamped car parked on a public highway?

 

Name of bailiff company

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Immobilisation of vehicle [REG] on [NAME OF STREET]

 

I write as the owner of the aforementioned vehicle which has been immobilised by you.

 

I ask that you remove the immobilisation device from the vehicle immediately because it is parked on a public highway and in breach of the Statute of Marlborough 1267.

 

I will write to you again and ask you pay compensation for failure to comply with the law and for my costs for replacement transport along with any damage that has been caused to the vehicle while it has been immobilised.

 

Yours Sincerely

 

 

YOUR NAME

 

If its parked on your private property then you can claim for the deprivation of the Quiet Enjoyment Right to unimpaired use and enjoyment of your property. You will need a solicitor to claim this so check your home insurance for any legal cover, you may be able to get it done fro free.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...