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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Recieved a letter about IP and copyright infringement :(


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Would agree with above. Merely write to them denying any infingment of their copyrights, stating you will only respond to official court papers, where they would have to prove any infringement. In the unlikely event of this happening, you would then be able to submit the contents of your letter above.

 

This may be of interest

http://www.derekjacksonassociates.co.uk/community_udr.htm

 

Take particular note of the last sentence in white at the bottom of the righthand side.

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Thank you. After doing some digging I contacted the other company that have been trading since 02 and they have told me that they hold the IP rights and community rights to the clothing. They are passing it through to their head office to see what is going on with the company that is truing to sue me.

 

I am going to write to the solicitor today and deny everything again. Do I have the right to ask them for all their clients proof that they own the rights? Also, another thing that they are trying it in with is the fact that they are basing everything off the photos on my site and have never actually seen the products. Also I was undering if the fact that everything that was on my site was un branded and I have never paid for anything to be sent to me would go in my favour?

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i am going to write to the solicitor today and deny everything again. Do I have the right to ask them for all their clients proof that they own the rights?

 

Of course you can - otherwise how are are they going to sue you? They could just claim anything!!!

 

As Bubzy says, dont vollunteer any info at all and come off the defensive, go on the offensive and put the ball firmly in their court, make them come up with the info as I previously suggested.

 

Yorky.

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Actually you have NO right - so I don't know what Yorky is suggesting.

 

From their point of view, they want you to pay up and cease and desist. You can either admit to it and pay up, or say you'll fight and they'll have to review their options.

 

They are not going to disclose what 'evidence' they have about your activities, as this would allow you to assess whether to defend or roll over. Once they decide to initiate their action, they are then required under court rules to provide you with copies of all evidence they intend to rely upon to prove their case. But this is ONLY required once they initiate action. Actually, you could have htem for copyright infringement themselves (for re-using you web photos without your permission1)

 

Clothing is clothing - you cannot IP clothing types, you need to have some particular embellishment that they have IP for, and assuming you're not being accused of 'passing off' as the same goods - then there will be differences UNLESS your factory has simply sold on the same items they made for a different client.

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Thank you for your posts. I must admit that I'm finding it very hard to cope with this and after recieving a phone call from the solicitors this evening telling me that I have run out of time. I have only just stopped crying :sad:. I have no idea of how to respond to them, or what to put in the letter and I really dont know what to do next.

 

I have never been in trouble in my life and I'm so scared of what is going to happen. I know that this is probably silly given the fact that, no money was made and the business was never trading but I cant help feeling this way :sad:

 

I am on benefits and cannot afford to get a solicitor and as it is specialist there us no one that I have found who can help me with this.

 

Sorry for the wingey post, I just have so much on my mind and I'm going through it alone.

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Would agree with above. Merely write to them denying any infingment of their copyrights, stating you will only respond to official court papers, where they would have to prove any infringement. In the unlikely event of this happening, you would then be able to submit the contents of your letter above.

 

 

I'm sorry you're so upset. Did the solicitors make any threat as to what they're going to do next? They do sound real bullies.

 

I really do think you should do above. Like I said before, being reasonable hasn't got you anywhere and like Buzby said, don't volunteer information. Its best to say as little as possible now, that way you're not saying the wrong thing.

 

I'd think I'd add a paragraph as well now, saying you want everything in writing and don't want them telephoning you again.

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I dont think they have any intention of doing anything, they are just trying to scare you into paying. If they were going to take you to court why all the threats and phone calls.

 

i know its scary, but I really think you need sit tight. Send the letter that we mentioned before and then do not respond to any further threats. If they phone tell them that you will not discuss anything over the phone.

 

Keep a note of all calls letters etc because they will be evidence for the harrassment you are suffering if they do issue court papers (which I very much doubt)

 

This kind of reminds me of the internet [problem] that was on here a few months ago, when a company was writing to people accusing them of illegally downloading a game and demanding money.

 

I honestly think its a [problem], they think if they bully you, you'll pay up.

 

Stay strong and dont give in to them.

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I did have a look at the solicitor website and they do look genuine. I suspect the aggressive attitude is down to the fact that they know they can't win so are trying to frighten you.

 

Here is letter suggested by Natalie (please remember they are highly unlikely to issue court papers, from what they've said they have no evidence)

 

"Dear Sirs

 

Further to your telephone call today and your letter of **** 2009, as previously stated I strongly refute all of the accusations therein.

 

I consider your phone call and letters to be an attempt to demand money with menaces, which is illegal, and as such I will be contacting the police if I receive any further telephone calls or correspondence that is not accompanied by court papers.

 

Yours faithfully"

 

That is all you need to say.

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OK, Just hold till morning and see if anyone else has anything to add to it!!

 

And try not to get so stressed. What's the worst that could happen really? Even if they did take you to court and win (which they won't) you offer them £1 a week!!

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Thanks for the update. Until your latest post, I was convinced they were a legitimate company acting for their clients. For them to PHONE you, and pile on the pressure, blew it for me. The are acting as debt collectors, and the tactics they are using are identical to the PPC (Private Parking Companies).

 

NO legal firm woth its sa;t would risk an action where what is discussed on the phone could be misinterpretated - if they write, they write. Phoning you up smacks of unprofessionalism and (date I say it) unprofessionalism.

 

Unfortunately, you may have given them the answers they need - that it is worth turning the screws a bit more. My own reaction is to say enough - you refise to deal with their unsubstantiated claims, and have wasted enough time on the matter. If you HAVE a Solicitor who can act as a mail drop, give them the name and address, and say they will deal with the matter. (Any local firm will be glad to do this for you if it possibly means some work down the line). You're not asking them to respond - just giving the appearance of 'it's with your legal team', and they can go whistle.

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Actually you have NO right - so I don't know what Yorky is suggesting.

 

Right for what Buzby?

 

All I have said is that she needs to get them to confirm exactly what IPs she had infringed, if they dont produce then they are going to look idiots if they ever do take it to court!

 

Please do not try and put words in my mouth!!!

 

Yorky.

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For them to PHONE you, and pile on the pressure, blew it for me.

 

I thought the same, it would be more professional to write and in my experience very unusual for them to ring, but the firm do look legit -have looked at their website. I'd guess the client must be telling them to ring.

 

Lababy - have you checked out the website? just to make sure its the same firm/address who are writing to you? Just in case i've looked at the wrong one.

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What was the name of the person who phoned you?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

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Capital One

Moorcroft (Argos)

NDR

18/06/09

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This is the guy why phoned me Laurie Heizler

 

He was very nasty and it really upset me to recieve the phone call from him. I was thinking that it might have been to check if I answered it using the business name? My hubby answered it with the kids in the background!.

 

As far as having a solicitor on board to recieve the mail, will I need to find one that deals with IP and copyright? There are none of those local to me.

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I dont think you need one, I think they are just trying their luck.

 

I think you need to send the letter and tbh I seriously doubt you will hear from them again.

 

I think to get a solicitor involved is an unnecessary expense at this stage, especially when you are skint. I know its scaring you, and I know you are really worried and stressed about this, but it will be a million times more stressful if you have to spend money you dont have on solicitors.

 

If (and its a huge IF because I really doubt it will happen) you receive a letter from the court, then you can think about solicitor (if you still think you need one) but I still believe its all blag in an attempt to make you cough up.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Right for what Buzby?

Yorky.

 

Rights to being advised what their claim IS. 'Rights' is a word that signifies a requirement - there is none. You can certainly ASK what they feels is the foundation of their claim, but there is no 'right' to knowing priort to the court documents arriving. (However, this is self-defeating for the pursuer if the court is told no information was forthcoming prior to litigation).

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