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    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   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?
       
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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.
       
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      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.
       
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      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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ESA appeal, really angry at what a Nurse sent, my reply - ***Vindicated***


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thanx Emma, only 2 hours to go now, not all that nervous really probably because i'm not all that concerned about winning.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Thanx Gizmo, it went my way, got 18 points and support group. The welfare rights guy said it was the easiest appeal he'd done, he had nothing to do and that my prep was excellent.

thanx all for help and support

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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I am pleased to hear that mate, well done. It is a nightmare when you know something is wrong with you and you want to get it fixed, but then having to deal with all this stuff on top of it.

 

Im still waiting for my appeal papers to come out.

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I don't know how you go about changing thread titles but if someone does then could you change it to "Vindicated" and not Won, i've won nothing, I've only cleared my name as far as i'm concerned.

 

Hello HadEnough. I'm pleased for you and well done. I think to change your thread name you may need to contact the site team and ask them. If you don't already know, you click on the triangle at the bottom of one of your posts.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Well done, HadEnough. You deserve your vindication. If only they got an administrative equivalent to a slap for every one of these "assessments" that they get "wrong". There is no real justice.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

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Glad you got what you are entitled to - just a shame that you had to go through this farce to get it.

 

Thread title amended as requested.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Thank you all so much, I guess i feel a bit let down, i expected to feel joy or a sense of victory if i won and i don't. There should be some sort of fallout for the HPC's and DM's but there isn't and thats the real injustice, no-one is going to learn from this when they should be, so it'll keep happening.

The judge basically said that the medical and therefore the report the decision was based on were fatally flawed, they had ignored compelling medical evidence, and all they would decide on were my answers to a few questions concentrating on just 2 descriptors, awarded 9 points for each.

The Judge and Doctor were as i'd expected, all business, but not pushy and they explained everything as they went along. When I went back in for the decision the doctor said it was a pity i had gone through this when what i needed was support, he said that it was obvious i was doing everything i could to help myself and the report "seemed to penalise me for that". :-)

I'd say to anyone who is thinking of appealing then do it, if i can "win" then anyone can, it's not as bad as you'd think, if you can see the flaws in the report so will the panel, use the sticky by HB (I think/hope) as a starting point, point out were the report is contradicting other medical evidence or even what they've wrote earlier in the report, as they did in mine, once you discredit the report then it's only a case of getting enough points from the panel who DO take into account your GP's and Specialist's opinions.

The only thing i wish i'd done differently is i wish i'd sent the letter in on page1 of this thread, because there were a couple of comments made, which i couldn't answer which i had covered in that letter, I feel that if i'd sent it then it would've been even easier.

Thanx all once again.

 

Ps. just realised I now have a deposit for somewhere to live, now i feel better8)

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Hello

 

Congrats!!!!!

 

By the way did they indicate when you are to be re-tested by ATOS? Apparently ATOS at your medical will have indicated to the DWP when you are to reviewed again, unless you asked the Tribunal to fix a date or time different to that.

 

And then the whole damn thing starts over again!!!

 

Gemma

x

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Hi Gemstar, no mention of when my next medical will be, i told the welfare rights guy that i wasn't all that bothered about winning because either way i'll have another medical within a few months and he agreed, but as he pointed out, i have now been through the whole process so i should be able to avoid the medical by putting the correct info in the ESA50, this is where we need to concentrate our efforts so we avoid ATOS altogether, I think he's wrong because they seem determined to get everyone off benefits no matter what, but time will tell.

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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They're under pressure / orders to trip people up full stop - The Government denies they are financially incentivised so you can read that as they are . There's orders to get the bill down and put people on JSA & fail 75 % , come hell or high water . I've dealt with ATOS Origin at work ....a shoddy amateurish & corrupt cowboy outfit .

 

They had the IB people in Burnley for medicals , 80 % of those failed won their appeals . They use US Medical Insurance Software called LIMA .....basically the idea was to wriggle out of paying for claims ....no matter how vague or obscure the grounds were .

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