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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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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. 
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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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Are converstions between ACAS and Lawyers protected?

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I have a PHR on shortly to dicuss a time bar on a sexual Discrimination case.


The Respondants lawyer has lodegd papers that indicate the last event of discrimination was on say the 1st of the month that would time bar the application to the ET.


They have submitted over 200 pages of lodgements that have no mention of an incident on the 1st of the month beacuse there never was an incident on that date


I have over 1100 pages of information (which has been disclosed to the other side) and there is not a single mention of any incident on the 1st of the month.


Thier lawyer has contacted me (in a panic) over these date.


He now says that the 1st of the month date arose from conversations with ACAS during a pre hearing settlement discussion (verbal not written)


I canot contact the ACAS Concillator at this moment to conffirm if this is true or not.


However i believe that any conversations between ACAS and both parties legal representatives in relation to a settlement are without predudice and are therefore protected.


This of course does not remove the fact that had the correct dates of incidents been used for the application to the ET for a PHR on the grounds of a time bar, then i do not think the Chairperson would have allowed it to proceed.


I am on shaky ground here , but i belive that the laywer for the other side has atempted to decieve the court to secure the PHR


They have also used the usual application for cost, application for deposit, no reasonable chance of success etc


Any suggestions as to how to proceed?


I need help really quickly!!

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Can I just clarify roddyn66, make sure I'm with ya-


Have you conceded to ACAS "off the record" that there are grounds for the time bar, and now seemingly ACAS has passed this on to The Respondant?


Sorry, I don't quite understand what's happened.

I am hungover.

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No there are no grounds for a time bar at all, they say the last incident was on the 1st of the application for a PHR.


But in 1100 pages of evidence there is no mention of an incident on the 1st, in fact there are three incidents that are discussed in great detail over three hearings all after this 'invented' date.


They happened on the 3rd, 5th and 7th of the month. i have screeds of eveidence to prove this including the minutes of the greivence and the appeal


ACAS have only been involved in an atempt to settle prior to the ET


At no point in any communication with ACAS is this date of the last incident mentioned nor discussed.


I think thay have lied to the ET to secure a PHR and will try to use a verbal conversation with ACAS as justification for the PHR.


Since this is a protected conversation it canot be reffered to any way.

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Right. I'm with ya. Your OP does make sense, I wasn't reading it right.

I think you've answered your own question.

There's no evidence of this incident in the minutes or any of the documents.


I don't know what the exact rules are regarding using what was supposedly said in ACAS mediation, whether they're without prejudice (I'd have thought so), but I think the Chairperson will wave their hand and say they don't want to know.


Respondants will try anything.

Apps. for PHR, costs, deposit etc. seem to be pretty much standard procedure these days.


Are you a litigant in person, union rep in this case?

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I am representing my partner


Can you explain what you mean by the chairperson waving this off?


My challange to the vailidity of the evidence ie that it comes form protected conversations




the atempt by the respondants laywer to introduce it?


i was going to site the following in defence


framlington group ltd & axa framlington group ltd v barnetson




brunel university & schwatrz v webster & vaseghi


any thoughts?

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The purpose of ACAS mediation is to provide a platform for the parties to resolve the issue(s) without the need to go to ET.

It shouldn't (IMO) be an opportunity for one party to try to garner something to back up their case.


I mean, what is the Respondant's rep planning to say?


"Sir! Sir!, Please Sir! I haven't got any evidence or anything, but the bloke at ACAS told me that The Applicant's rep said this, that and the other!"


Are they intending to call ACAS as a witness!?


I just don't feel the Chairperson will have any time for this at all. I doubt you'll have to argue anything. Certainly not caselaw.


If the incidents on the 3rd, 5th and 7th were mentioned at the grievance/appeal hearings, and the employer didn't challenge them then, I think you're perfectly safe.

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