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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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Count Court Claim received MBNA\Optima


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I had to pay them £20 a mth on a £7000 debt Im happy with that as its chicken fodder lol

 

No costs awarded to them I feel that I could of won it had my knowledge of court procedure been better.

 

Still I offered MBNA £50 a month before it went to court they decided no and ended up worst lol

 

I cannot stress enough do your homework and abide by the CPR.

 

And finally catch them out on ever turn because this is optima and they will fluff up.

 

PF

good result then PF

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Shakti

 

Just to clarify. It is not an abuse of process to apply for SJ if a defence has been filed. In fact, it is a mechanism for disposal of a parties case if it seems that the case has no real prospect of succeeding without the need to go to trial.

 

If you were to file a defence which was clearly "fanciful" then the creditor would be perfectly entitled to issue an application for SJ. This is not to say that their application would succeed as you would then have the opportunity and the right to oppose that application.

 

It is true that the SJ system is sometimes used inappropriately or incompetently as per the cases we have been talking about.

 

Regards

langster

if you filed an embarassed defence because they ahdn't supplied the doc's you need then surely that kills any prospect of a SJ

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  • 2 weeks later...
You think you guys have got problems with Optima... just wait until the debtors prison returns...... A chilling glimpse of the future?

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/261927-return-debtors-prison-santander.html

 

"It emerged after the case that Glasgow law firm Optima Legal, who handle legal matters on behalf of Santander, had attempted to have the case covered by a local solicitor, but no Dundee firm would take up the case on their behalf"........

 

....... just left her to rot then... not sure of the Legal system in Scotland but as the judge said, "they might have had the decency to be represented".

Discusting.

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OMG - what are we coming to?? :eek:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Looking at it again, it appears as though there was a CCJ , followed by a warrent, but it was not served correctly. When there was no response to the warrent, the poor womans's arrest followed.

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Goes to show the usefulness of CAG. Its scary how some people are literally bullied by these people and too scared to respond to court action and pay the consequences, whereas the posters on here have the confidence to take on and demonstrate total knowledge of the relevant law!

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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Originally Posted by vint1954 viewpost.gif

Looking at it again, it appears as though there was a CCJ , followed by a warrent, but it was not served correctly. When there was no response to the warrent, the poor womans's arrest followed.

Full paperwork not produced at court as well. It was a civil matter, not a criminal case. I don't know the Scottish system but as the judge seemed so scathing it looks as though something happened out of the norm. The excuse for nobody turning up on behalf of Optima/

 

Santanderlink3.gif seems laughable.

 

One word UNBELIEVABLE

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Full paperwork not produced at court as well. It was a civil matter, not a criminal case. I don't know the Scottish system but as the judge seemed so scathing it looks as though something happened out of the norm. The excuse for nobody turning up on behalf of Optima/Santander seems laughable.

There are so many complaints about this firm, it begs the question, what is being done about them. Nothing I would assume.

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  • 4 weeks later...

Hi Vint, how are things progressing, you have had no update for several weeks - I have to get my WS in nxt week for SJ hearing, and am also dealing with the threat of SD from MBNA/Experto (the biggie) - its all or nothing isnt it? heavy workload, trying to fit in Uni visits up and down the country (so expensive to do) for all out there who are travelling by train from a London station - you can get cheap train travel from £5 - £20 return until the end of July - you just have to have an Oyster card (£3.00)

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

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maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

 

 

Same here. Experto bought the debt, only had a couple of letters over the past six months.

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maybe they've just realised the futility of it all vinnt..............my mbna accs have been dormant for over 7 months now,think experto have them still as i had some txt offers !

 

 

Do you reply to EC or just ignore them? Ive got to the point of just ignoring them, their latest stunt being a World Cup Offer! Are they serious!

My Posts exist exclusively to assist me in preparing litigation against another party.

As such, it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute.

Communication between a solicitor, or the client, or a third party will be protected by litigation privilege where the communications are for the dominent purpose of obtaining legal advice in connection with, or conducting litigation in prospect: Re: "Highgate Traders Limited (1984)"BCLC 151.

 

Copyright Information: All information contained in this website , Associated websites, and Forum posts are Copyright "Reclaim The Right Ltd". If you wish to use the information on this site for publication elsewhere then please email the administrator for permission.

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  • 2 weeks later...

I,ve had 2 txt offers and ignored them but i was posing a question on another thread.

 

I'm not on here as much as i used to be what with a newborn and no home internet anymore but i cant help but notice there's an awful lot of people just sitting on their accounts with no dca action being taken.

 

Now there's only so many legal depts and resources avilable so i was wondering aloud if the dca's /banks are cherry picking the accounts with less defects so they have more chance of convincing a dodgy judge and also concentrating on house owners as they'll have a chance of an attachment order ?

 

Does seem strange that so little seems to be going on,in my own case i don't own anything but owe everything so even if they did get me to court i have nothing to give them.

I was making a nominal contribution on a few accounts but i cant see the point anymore as i'd need to live another 60 years to have any chance of paying them off at a rate i can afford.

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  • 1 month later...

Hi Vint - just checking in to see how tngs are progressing - all seems very quiet?

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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  • 1 year later...

Its been very quiet on this case until now.

 

NCCBC claim issued 2009.

 

Case stayed in Feb 2010 following issue of defence.

 

Last communication from MBNA Sols Feb 2011

 

Application to lift stay and Summary Judgement issued 2012 after 26 months.

 

Looks like we are back on again.

 

They have not supplied me with a witness statement, supporting their application.

 

Vint

Edited by vint1954
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So what is their excuse for leaving it so long, Vint ?

 

Is the situation still the same as it was back in 2010 when the claim was stayed ?

 

Lots of things have happened since then, some good, some bad .. are you ready for them ?

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That was a blast fromthe past Vint! Will follow your progress again! Good Luck

Halifax Card (OH) -2.9% reinstated - Sucess!

Santander/House of Fraser (1) PPI Refund plus 8% plus LOC

Santander/House of Fraser (2) PPI Refunded plus 8% plus LOC

Penalty Charge Notice - Representation accepted and PN cancelled - £120

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Hi citizenb,

 

Nothing much has happened.

 

They have written to me over a year ago, requesting that I withdraw my defence, which I obviously refused to do. Nothing until a notification from Northampton stating that the case had been transferred to my local court.

 

There was no communication from the OC or their solicitors, no witness statement to support their application.

 

I am aware of a few of the recent gevelopements, particularly the Brandon appeal in the house of lords. Defects in default notices are NOT de minimis.

 

Vint

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Hi Vint, sorry at work so no time to scroll.. was the defence an embarrassed defence?

 

Naughty about the witness statement.

 

S.

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Have responded to pm :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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