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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
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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.
       
      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?
       
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      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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Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


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any news on the outcome of the secret commissions?

The final, final hearing is in a few short weeks so all will hopefully be 100% decided then :-)

 

I am trying not to give too much away on here as I know my unwelcome guests are watching, but what I can say is that there have been several 'developments' since the appeal that show them for what they are.

 

The only comment I feel it fair to make at this stage is; if anybody has ever had dealings with welcome and their legal team and as a result forms a certain opinion about them, multiply that opinion by a million and you will probably be somewhere near the truth.

 

Unfortunately their 'efforts' are in vain with me, just call me Eagle Eyes! :madgrin:

 

Sorry for being so cryptic, trust no-one :mad2:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I know, they will also try and say you have had poor advice from intenet sites on your case, just in case print out this thread (and add it to your charges) and state that this is the only forum used.

 

Was used against a PDL company who said that the person wasn't going to pay and didn't want to pay or communicate in any way. That clearly was not the case!

 

One wonders now how many abuses of the courts have taken place prior to the internet giving people chances to fight back.

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I know, they will also try and say you have had poor advice from intenet sites on your case, just in case print out this thread (and add it to your charges) and state that this is the only forum used.

 

Was used against a PDL company who said that the person wasn't going to pay and didn't want to pay or communicate in any way. That clearly was not the case!

 

One wonders now how many abuses of the courts have taken place prior to the internet giving people chances to fight back.

Oh they've already tried that one! They listed this thread as part of their Standard Disclosure :madgrin: Well if the advice was that poor I'm sure a very well esteemed High Court Judge and Goode: Consumer Credit Law and Practice would not have supported my claims!

 

After all these years spent fighting against them I'm phased very little by their tricks and games, in fact I expect nothing less from them. This last effort is especially despicable though, let's hope it doesn't end up backfiring on them eh?? :!:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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After all these years spent fighting against them I'm phased very little by their tricks and games, in fact I expect nothing less from them. This last effort is especially despicable though, let's hope it doesn't end up backfiring on them eh??

 

I'm dying to know more! Good luck with it :)

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All getting rather exciting now!

 

It is! It's so exciting I can barely contain myself some days! :madgrin: I'll be the first to admit I have struggled terribly at times with the stress of this case, to such a point where I've been really ill. I suspect that's why they continue to underestimate me; the last time they saw me I will openly say I was a wreck throughout the entire hearing. Luckily, the appeal was delayed for 2 weeks due to problems with the transcript so I had time to get to the docs and get some help or I might not have seen it through at all!

 

But here we are, almost a year later and I'm stronger and more determined than I ever was. Couple that with everything I've learnt about dirty tricks and all the support I get on here and I won't be walked over by anybody ever again, no matter who they are :mad2:

 

In fairness to the other side, I wouldn't have been able to get this far if they hadn't kept tripping themselves up and underestimating my capabilities :!:

 

If ever I didn't say thanks enough for the unfaltering support I get here I'll say it again now just in case.

:kiss:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I'm dying to know more! Good luck with it :)

 

I'll pm you :oops:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I wish you well with it too.

Thank you :-) I suppose what it comes down to in the end is whether the judges involved from here on forward stick to the facts or get their heads turned by legal teams as opposed to LiPs. But having said that, that's always been the main battle I've had to fight all along.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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In fairness to the other side, I wouldn't have been able to get this far if they hadn't kept tripping themselves up

 

Do you mean making things up and providing 'evidence' that don't fit the facts? :-)

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Do you mean making things up and providing 'evidence' that don't fit the facts? :-)

 

I couldn't possibly say :lol:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Oher judgements are not relevant to this particular case as Welcome are the OC - but not the claimant.

 

However, if you feel you have some important information -rather than being cryptic - please share - it may help others. (did Welcome actually win a case?)

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It wasn't WFS I was referring to.

 

I will leave you to DYOR.

So how does this fit your reply in your post, (1795), that was a response to my post about Welcome?

 

Not much point in searching -cannot be relevant to my post?

 

Unless of course it is realy aimed at the OP - and an attempt to intimidate them prior to the hearing - anyone would think you are the solicitor acting for Welcome.

 

If it is about commissions and brokers forget it - none of the cases ever quoted have the same set of circumstances as Hurstanger. Especially the often quoted Harrison v Blackhorse case as it was quite clear that Blackhorse were not acting as a broker.

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Just for the record, I have never made a claim against anyone regarding fiduciary or agency relationships or breach of fiduciary duty. I have made a claim against somebody that the relationship between creditor and debtor was unfair to the debtor for several reasons, one of which being the payment of secret commission.

It is my understanding that if one does not make an allegation then a defence to an allegation that was never made is not necessary. If I may be so bold to quote The Honourable Lord Justice Beatson:

"The reference to secret commission and the absence of any reference to the regulatory regime and the unfair relationships provisions, suggest that the judge was not clearly distinguishing between an argument based on an agency relationship and one based on the statutory regime governing consumer credit."

 

Even so, considering my very limited knowledge, I would have thought that if a person pays somebody to do something on their behalf the recipient would therefore act as an agent for the person that is making the payment??

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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  • dx100uk changed the title to Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **
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