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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.
       
      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.
       
      • 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!
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Yeah we are far too nice to them !!!

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.

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I dont want hiccups like this with stupid royal mail whilst ive gotten so far because im getting twitchy now I dont like the fact they have gone so quiet!

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:

 

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Dont owrry Beyond the clock is ticking in your favour.

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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Thanks Ozzy Im just a typical woman and like to know whats going on :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:

 

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Postie has just been.....

 

2 termination letters....both for this account

 

they state

 

We refer to the Notice of Default issued from this office on 11th January 2010 (other one says 15th January 2010 :rolleyes:)

 

In order to protect our interests, your hire purchase account has now been terminated and the full balance of the account is now payable. depending on what you have paid this means we may either repossess the above vehicle or apply for a court order without further notice to you. In addition you may be held liable for any remaining balance after the vehicle is sold and the proceeds credited to your account, and we reserve the right to commence legal proceedings for the recovery of any outstanding sums.

 

We would strongly urge you to contact us as a matter of urgency. No further notices will be issued.

 

 

HELP!!! What do I do now? I have already sent Nottingham LBA they have until next weds to respond which I know they wont as they have ignored every other letter I have sent as well, Post was working on my POC but is awol and now I dont know what to do :confused:

 

Do I need to write and accept termination (I 'think' that means arrears are all that are due?)

Welcome dont need a court order to repo as we havent paid 1/3

Shall I just get an N1 in?

Do I write to the local office stating LBA with compliance stop collection activity until responded?

 

Sorry for the questions but im unsure which way to go now :S

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:

 

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sorry forgot to say BOTH have WITHOUT PREJUDICE on the top and the actual date of dodgy default is 15th Jan

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:

 

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Ive just arranged an initial meeting with a solicitor for views on where to go next ill scan letters in later as i think ive managed to fix the scanner :) any advice before meeting with solicitor appreciated :)

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:

 

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Here they are:

 

termination1.jpg

 

termination2.jpg

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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hahaha you gotta love their cheek :lol: the 'arrears' we have as per the default notice are from the time its been in dispute and it doesnt even make 2 months payments work that one out :rolleyes: im hoping this solicitor will be helpful on monday as i could do without any monkeys taking the car in the meantime.....

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:

 

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Thanks martski will do now ;) bk in a jiffy with verdict 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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ooooooooooo is all I will say *puts hands together closes eyes and prays reallllly hard :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:

 

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I think ill keep the name esp after me thinking poc stood for pile of crap :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:

 

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Ok this is my list for the solicitor (i dont think 20mins will cover it lol)

 

*Original agreement total amount of credit £8103.00 includes insurances, rewrite agreement total amount of credit £8953.00 no insurances. difference verbally stated as acceptance fee and missed payments. Surely missed payments already included not additional they are arrears not extra lending?! Acceptance fee listed seperately as £195 in addition to the extra added so shouldnt be added twice?

 

* On rewrite total payable is £12441.89.....payments total £15552.00...when run through apr calculator total is £21827.90.

 

* Reconstructed agreement not fully completed, total payable shows as less than starting amount for credit, no signatures, no dates

 

* Account placed in dispute 27/11/09 received 28/11/09 continued to ignore communication and placed unlawful charges on account, issued default notice, termination notice

 

* Default notice is defective as states 14 days not a numerical date

 

* Termination notice states without prejudice - are they terminating or not? Unlawful recission?

 

* SAR incomplete doesnt provide original agreement or any related documentation, no correspondance shown bar one letter never received by me

 

* Rewrite had no cooling off period wasnt even given opportunity to read through was unaware it was 120month agreement until copies received in October 2009

 

* Insurances written on initial agreement not shown on rewrite but appear to be included in the total and spread over 120 months when they were 24month policies

 

* Insurances as shown on initial agreement spread over 48months when products for 24 months

 

* Have evidence of comission payments to welcome elite brokers I dont have one in my SAR why?

 

 

Thats what I have so far....anything to add or comments please :)

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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**Bump for comments**

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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This is a very good question. Im abit panicky that they have until weds til the end of the 14days of my letter before action and I truely am not knowledgeable enough to stand in front of a judge and argue my case I can see whats wrong I can see why its wrong but dont know the regs etc it all relates to. I spoke with the solicitor on the phone on thurs who said come in for no obligation chat and go from there. I would be entitled to legal aid due to income but Im sure I read somewhere that you cant use legal aid for small claims court. I will check this tomorrow though. Court forms I would be entitled to fee remission so should I not be able to use legal aid I suppose representing myself (well my husband) is the only way :eek:

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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Beyond, good luck at the solicitors, You will be surprised how quick they get through things. will be thinking of you so please post back when you return.

 

*Original agreement total amount of credit £8103.00 includes insurances, rewrite agreement total amount of credit £8953.00 no insurances. difference verbally stated as acceptance fee and missed payments. Surely missed payments already included not additional they are arrears not extra lending?! Acceptance fee listed seperately as £195 in addition to the extra added so shouldnt be added twice?

good question, you need clear answer and pending answer ask if this leads to the whole debt being unenforceable. also if interest was paid on the fees as this is a big no no.

* On rewrite total payable is £12441.89.....payments total £15552.00...when run through apr calculator total is £21827.90.

If you got time give me the APR and I will double check this manually.

 

* Reconstructed agreement not fully completed, total payable shows as less than starting amount for credit, no signatures, no dates

again this should make the agreement unenforceable.

 

* Account placed in dispute 27/11/09 received 28/11/09 continued to ignore communication and placed unlawful charges on account, issued default notice, termination notice

No action should of been taken whilst in dispute.

 

* Default notice is defective as states 14 days not a numerical date .

If he is unsure point him to the 1983 regulations, but hey he is the solicitor right lol.

 

* Termination notice states without prejudice - are they terminating or not? Unlawful recission?

This can be only a threat not an action as they clearly do not wish to be bound by their words in court.

 

* SAR incomplete doesnt provide original agreement or any related documentation, no correspondance shown bar one letter never received by me

Believe it or not this is the most important to get welcome as this is nothing to do with the 1974 Act but law on data integrity, information commisioners office should be informed.

* Rewrite had no cooling off period wasnt even given opportunity to read through was unaware it was 120month agreement until copies received in October 2009

to me this is breaking the law on harrasment and undue preasure into entering a financial agreement . . . this is quite serious.

* Insurances written on initial agreement not shown on rewrite but appear to be included in the total and spread over 120 months when they were 24month policies.

again invalid agreement under the 1974 CCA.

 

* Insurances as shown on initial agreement spread over 48months when products for 24 months .

This is just cheeky, it is a misscalculation on an agreement regulated by the CCA.

* Have evidence of comission payments to welcome elite brokers I dont have one in my SAR why? .

This im not sure off sorry.

..............................................

I have added a few thoughts and no other way of wording your questions as you have done a good job on collating the info. Added together as a summary the agreement has to be unenforceable and your end goal should be too wipe the loan and have it removed from your credit file, at the cery least ensure welcome never try to collect for 6 years then it is statue barred. hope my lil comments have helped a little.

 

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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any one shed any light on who gets some help i.e legal aid etc, cos i'm thinking i'm going to have to get some help too. with post gone we're all a little lost. plus judge wasn't that impressed with my lack of knowledge.. sorry to hijack thread beyond. could help us both..

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Give me two mins stepwayne and ill find the link with the calculator on it must have been around there somewhere that i saw about small claims.... wont be long

 

Ozzy do you want the agreement or posts workings out? Thank you for your comments :) I have just printed the secret commission form essexboy so kindly sent me as proof they DO charge commission they just never mentioned it ;)

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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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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Sorry Beyond, if post worked the APR out for you then no need for me to recheck as he will be correct. I sure do wish he was back with us, as a team he was an invaluable member. COME BACK LOL.

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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