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    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
    • Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.   and just an update:   I am able to request a judgement from the two separately.   The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)   This was also added:    
    • Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've gotta consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo. If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance. This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship. Let us know
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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.
       
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      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.
       
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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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Received a letter or response last week from Wellscum after i approached them for cancellation of PPI and repayment including return of fees for life insurance and a mortgage indemnity fee wrongly applied to my loan ( i had over 120% equity at time of loan!)

Anyway, after a call from them telling me they had refunded me 12 pounds ( hooray!) i asked why my monthly payments had not altered. they replied that "of course they wont" eh? what? how does that work then? i have a clear breakdown of costings for each part of the loan and this must surely be reflected when this ppi taken off. Anyway, never mind, im not too bothered about this as i will be victorious anyway ;)

 

This letter then arrived asking me they could not accept my complaint until i filled out this questionnaire they attached. i, of course did not complete it as it was very spurious and it had a space for my signature, along with daft obvious questions like " when did you agree and sign for ppi?" ha ha do i look like i was born yesterday and cant see were you are going with this?!:eek:

obviously i did not complete this and instead sent another letter detailing my complaint and detailing various aspects of the sale and what i want. also stating i can prove these "errors".

 

i await a reply and in meantime and curious to know if anyone else has had this questionairre and its outcome historically.:!::?:

 

I have to admit this is rather new territory for me (just used to doing the banks for charges back) i am however enjoying giving this **** some payback as we were desperate at the time and i felt a proper low life having to go cap in hand to these filth. :sad:

 

any comments will help me take this forward..

Thanks in advance guys

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hiya

 

this might be of help

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

and moved your thread to the welcome fourms which if you have a read around should enlighten you

 

ida x

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I agree entirely that these questionnairs should never be completed, as the wording is biased in their favour should it ever get to the point where the fOS needs to adjudicate, or it gets to court.

 

In fact, I think it serves as a warning to all, NEVER to fill out such documents that arrive in response to ANY complaint against any company. They may appear entirely innocuous, and a simple way for that company to help you get your point across.

 

But in the vast majority of cases, they are drafted with a view to blowing your argument right out of the water.

 

In fact, it may be helpful to pass a copy of such questionnaires to the FOS when making your complaint, as this tactic is in itself cause for complaint and proof of such can only help strengthen your case.

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We had one of these. We filled it in though. Whoops.

 

This was months ago at the very beginning of our complaint. We thought it best to fill it in and send it back, as you say, to get our point over correctly. no doubt we shall see how they intend to use this some time soon.

 

Cheers MARK

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  • 3 months later...

you wont beleive this, but ive only just got a reply!!

Its basically a redrwn contract with no mention of refunding me.

Ive torn the contract up and chucked it in the bin... ill be sending them another letter tomorrow asking them "why the mortage indemnity fee is still on the new one"?! Total idiots...

Anyway, im going nowhere matey, i am very patient and i will mess with them until they pay up and cancel these illegal additions to the loan.

 

I think its time to go to FSA also now as ive plenty of ammo....

How should i do that and were do i start people?

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Ive torn the contract up and chucked it in the bin...

 

Wise move, no way sign a new agreement, and they seriously added MIF onto it. unreal.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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No mate, not exactly. Sorry wasnt more clear....

Mif was on original agg but ive asked them to remove the mif,ppi and life ins. They replied with just removal of ppi. So theres no way i was signing it as it gives them power to say i now agree to pay it sort of thing...:(

Trouble is with these nobs is that when you have more than one issue, theres another dept to deal with it. So if you have three issues then you can almost hear the fuses inside thier brains blowing! This of course, also works well for them. These so called depts are probably soemone sat on the other side of the office tossing paper into a bin waiting for the phone to ring in thier "dept".

I almost had a brain heamaorage (cant spell) the other month trying to acheive the feat of someone dealing with more than one thing at a time!

 

Anyway, ive emailed the FOS tonight withthe statndard complaint form. Could not sign it though as its a pdf. So i will post one as well on Monday.

Dont know were i got "FSA" from!! Think im losing it...even managed to put PPE on form instead of ppi. the FOS will think that Welscum are selling protective hats now!

Anyway, will keep this post going to its bitter end...

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Just thought....protective hats is a great idea for welscum, as it can protect their victims from the massive amount of cack that undoubtadly is about to land on them in the form of debt..

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Martski, Apart from advising, IMHO you should keep everything you receive from these ****, just a quick question.

 

Wouldn`t condoms be a better form of protection for these *ANKERS???lol

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I getcha Martski, keep up the good fight m8.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Mark1arby.

I agree, i should have kept that agreement instead of ripping it up in a temper. Lose your cool and lose the fight isnt it?

Good advice and i will not destroy anything from now on....

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  • 2 weeks later...

Okay, today i got 2 letters, 1 from the FOS and one from the ****.

FOS letter was simply aknowledgement of receipt of complaint about wellscum and stated they are very busy so may wait a bit for actioning.. ive no prob with this as im patient chap ;)

Anyway, letter from wellscum says as ive not signed and returned their silly contract that in 2 weeks they would tear up my complaint (da da da daaa!) cue dramatic music... i of course will respond with recorded letter stating once again i want complaint left open and am willing to sign another contract as long as its has no ppi, no life insurance, and no mortgage indemnity fee!

Think the FOS are gonna have fun with this one. I cant wait to hear their excuse for ignoring these other items off the loan. "different depts" springs to mind as one possible or maybe "sorry, we are very stupid!" is another...

Anyway, did have small feeling of "should i have signed" but that was quickly dispelled and i will now soldier on.

Does anyone out there agree with my next move or suggest something else? I note with bemusement that no 2 cases are the same which smacks of total incompetence on welscums part.(i have at least 4 "final responses")

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Soldiering on sounds like a good idea to me I had the same letter from fos far too busy with everyone else on this board :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 2 weeks later...

Okay, got lette rfrom FOS. Had forgotten to put the final response letter in with the form! Never mind... good thing is, at least theyve read it! So delays may not be too long i hope. Sent it back Friday so alls well. Been looking around the threads for the Welscum and it dont look too good for them does it. I was tempted to ring them last week and when someone answered just laugh out loud for three minutes then replace the handset! Very childish i agree... but very rewarding overall. I will cry tears of joy the day this lot go under. Saying that however, i was amased to see yet another ****** company. ( quick quid or summit) advertising on the telly this week....over 2 thousand percent apr!!!!!!!! Jeeeeees! Cmon people dont do it, go without, go to prison or anything just dont sign!!! Hope this **** arent reincarnation of the ****... :mad:

beyondhope...have you heard anything yet?

Some people say the FOS are useless so if that is the case then whats my next logical step?

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The next stage if no luck and your still not satisfied would be to instigate court action but for this you really need to do your homework and familiar yourself with the process and know exactly what you want and believe you can and will win. never threaten this unless you intend to take it all the way.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Hi martski still being totally ignored :rolleyes:

I agree with ozzys pointers on next course of action :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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  • 3 weeks later...

Just as an update, just got letter from FOS stating they have my complaint and will contact Welscum and come back to me. Usual stuff about 2 month wait minimum etc...

just glad the ball is rolling now...

sit and wait...

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Thanks for the update. keep fighting the good fight and drop in and see us when you can and if you get 5 mins spare jump in and help others. :)

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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hope they dont keep u waiting too long :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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