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    • Update on this for you:   Quick reminder, I wrote to Ford Finance for the SAR, and I also wrote to Link (again) requesting a breakdown of the alleged debt and how it was calculated. I have since had two identical letters from Link at the beginning of October just saying I owe them £628.83, but nothing addressing the alleged debt calculation/explanation whatsoever.   At the same time as the above letters, I also contacted Experian to refute the default on my credit record that Link had placed there. Experian have emailed to say they contacted Link and have had no response from them within 28 days regarding this, so Experian have suppressed this information from my report.   The SAR reply from Ford Finance has arrived. The £628.83 charge shows on the SAR comprising as "£14.99 D/Charge" (whatever that is), and "XS mileage £612.84", apparently worked out pro-rata.   As ever, any advice or comments most gratefully received as to how to proceed.   Thanks.    
    • Ok, so I would just ignore demands from ARC for now.   See what they do over the next few weeks and keep us posted ...........
    • click create in the top red banner   dx  
    • ok but that doesn't give us dates.....  
    • DD cancelled roughly a month after they stopped taking payment. Last used the gym a day before they closed. Used it almost daily. 
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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?
       
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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.
       
        • Thanks
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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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Halifax and Notice of Legal Action


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Hi, Thanks for that andy. Strange thing arrived through the post today. A credit card statement for this account, but it was terminated last November. Any Ideas ?

Not had one all year then this

 

Also it includes £300 court charges

 

When was the statement made up to ? I agree with AO, unless there is something hinky going on.. no judgment has been made yet ... so how can they say you owe them court costs ?

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Hi, As far as I can see it says cc statement 5th Oct and says payment due 1/11/2010 for full amount. No new tranactions and no interest.

It also has B1 after my acc number for some reason.

Total due is balance + £300 which they are trying to claim in court costs.

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Hi, Had another letter today from the idiots saying they advise me that they have now obtained judgement and the sum is payable forthwith.

It goes on to say if I do not pay under the terms of the judgement they might go for a charging order, attachment of earnings or warrant of execution.

Are they for real ? Think they should reply to my defence first !

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Wow they have been busy all that achieved in 11 days and without your involvement:madgrin:

So in theory by the time you get your AQ they will have gained a Charging Order and sought application for the sale of your home:lol:

 

Issa Issa baby.

 

 

Regards Mev

 

Andy

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  • 3 weeks later...

Hi, Not heard anything back from the idiots, defence was filed 1/10/10. I know they have 28 days to reply to my defence, but that would take it to 28/10/10. How will I know if the case has been stayed ?

Thanks

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Ring Northampton and request the status.

 

Regards

 

Andy

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  • 2 weeks later...

Hi, Just a quick update. Received a letter today from idiots stating the following.

 

Dear Sir/Madam

 

As you are aware we have commenced legal action under claim number xxxxxxxx. After careful consideration, we have decided not to pursue the matter through the court system. Although we shall no longer pursue you for the balance outstanding on the account, please note this does not diminish your liability for the debt.

We trust this brings the matter to a satisfactory close.

 

yours faithfully

Idiots

 

Well would you class this as a win situation ? Comments appreciated

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Did they send a proper notice of discontinuation? Check with the courts to make sure they have received one.

 

Without that, it hasn’t officially stopped!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi Mevs on receipt and conformation of the NoD you now need to prepare a wasted costs order in your favor.

 

Regards

 

Andy

We could do with some help from you.

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Hi, Did try ringing Northampton a few times last week, was waiting from 18th in a que when I got to 1st after 30 mins the phone just went dead. Will have to try again next week. I was ringing because I filed my defence in the beginning of october and as yet I have not received AQ. Obviously this is now past the 28 days in which they had to reply to my defence.

I must try again next week. Who would issue the NOD, would it be Northampton ?

Thanks again for all the replies

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The claimant issues the discontinuation. Write and demand a copy. Get working on those costs – £9.50 an hour, plus postage etc.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Well, time researching your case and the law on CAG, time writing letters, paper, stamps, time walking to the postbox... anything you’ve incurred defending yourdelf. Like your last posting... call it ‘research’. You are an LiP, so would be expected to have to research the law.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi, Thanks thats brilliant. Is there a kind of limit as to how many hours, If I was to include the hours Ive spent researching on cag I would probably end up being a millionare.

thanks again

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Top whack £300 I reckon!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Originally Posted by andyorch viewpost-right.png

IN THE xxx county court

link3.gif

 

 

B E T W E E N:

Claimant

-and-

Defendant

 

DEFENDANT’S BILL OF COSTS

The Claimant commenced proceedings in relation to an agreement regulated under The

Consumer Credit Act 1974.. The proceedings

constituted relitigation and were an abuse of process. The proceedings were defended and

the Defendant applied to the court for an order that the proceedings be struck out.

At all times the Defendant was a Litigant in Person within the meaning of Litigants in Person

(Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an

hourly rate of £9.25.

The nature of the case being one of relitigation required the Defendant to spend time in

locating and examining the documents and other papers which related to the proceedings

The Defendant was obliged to spend time in considering and understanding numerous strands

of law including the law of consumer credit, the law of limitation and practice and procedure in

the county courtlink3.gif which he achieved through internet and library research.

The Defendant was obliged to spend time in drawing his defence and application to strike out

in a way which complied with the relevant rules and practice directions of the CPR.

.

The following is a statement of the work done in the course of the proceedings. Where there is

a charge for time spent, the amount of time recorded as spent represents the Defendants fair

estimate of the amount of time spent by him

Claimed (£)

1 Date

Particulars of claim

2 Date

Acknowledgement of Service

3 Date

Defence

4 Date

Defendant's Notice of Application

to strike out

PAID: court Fee £75.00

 

5 Date

Hearing of Defendnt's application (vacated)

6 Work Done

Receiving and considering the Claim Form and Particulars of

Claim (3 hrs) £27.75

 

Acknowledgement of Service (1 hrs) £9.25

Research regarding consumer credit law, law of limitation

law regarding relitigation (15 hrs)

Preparing Defence (4 hrs)

Preparing application noticelink3.gif (4 hrs)

Research regarding CPR

Research regarding detailed Costs

Preparing bill of costs

time spent in telephone callslink3.gif, letters and emails

written and received (4 hrs)

Summary

Costs payable by the Claimant

Disbursements (court fee) £75.00

Total costs payable by the Defendant £

 

Dated:

Signed:

 

 

Regards

 

Andy

We could do with some help from you.

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Hi, Finally got through to Northampton and they say they have recieved Nod. I asked them if I will also receive a NoD and they said the letter I recieved in post #83 would class as notice of discontinuation.

Just need to start a wasted costs order as per andy's post ;)

thanks again everyone

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Excellent. Well done.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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