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    • Pleased we can at least agree on that.  
    • I will await the final confirmation tomorrow I also attach the Draft Order, please can these be checked Andyorch and BankFodder before I submit these online tomorrow I of course will amend the details to add the names etc before I send this. In the Leicester county court Claim No. ... Before District Judge ……… Dated 23//10 20… Claimant/s Mrs XXXXXXX   and Defendant Goosedale Draft Order     IT IS ORDERED THAT: 1. . Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant Mrs xxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 ( 2.1 ) ###### End of Order ######     Amended Particulars of claim for N1.   The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation.The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.     N244_web_0818 COMPE.pdf
    • The Financial Conduct Authority (FCA) is again urging consumers struggling financially during the pandemic to seek help - after discovering that 12 million people have "low financial resilience" View the full article
    • https://drive.google.com/file/d/1WrcF2oEOydGXCZYwhZcYB7QmnP_9jNaQ/view?usp=sharing I think I have figured it out. Sorry   
    • Hi everyone   I joined DL a few months ago. Was offered a discount as "friends & family" because I knew a friend who works there. A few days later, I upgraded my membership to Platinum and specifically requested the Spa retreat as well. I was issued a new card, which had correctly  labelled that it was Platinum card with Spa retreat. And payment was agreed at £125 per month.  No worries because I have been going 6 days a week. Everything going well for a few months.   Then i lost my card. Was issued a new one. Went to use access the spa and wouldnt let me in. I asked what's wrong and they informed me that my membership did not include the spa. Now they have confirmed that there was a glitch on the salesperson's app that allowed the wrong price to be accepted.   This glitch has been brought to managements attention and has now been fixed. However, they now want me to pay the correct price to access the Spa.   Surly, they have to honour the original agreement made with me?  or do they?   Thanks for your help!   Jameson  
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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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Best way to expose banks' unacceptable behaviour during bank charges fight?


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Hi all - well, as a formerly law-abiding person who'd never seen the inside of a court, I have completely revised my opinion of the English legal system during my four-year fight against the banks.

 

I am in the position of having won back £3,000 in bank charges, yet been made liable for just over that in court costs etc. by the banks who managed to beat me as a result of their lying, misinformation and flouting of the law during the cases.

 

Their solicitors have routinely lied, wasted my time and tried everything to get court orders through without me even knowing about them until it was too late - and following that, the courts have allowed them to get away with all manner of unacceptable behaviour, while losing my files and sending things to wrong addresses so that I had no opportunity to defend or to respond to judgments, resulting in a charge on my house.

 

Having had a claim set aside at one point due to there being no CCA in existence, I finally had to listen to a district judge, having ignored all my case law, decide I was liable anyway, because 'on the balance of probabilities' an agreement 'must have been signed' - so much for Section 127. After experiencing this lottery regarding outcomes, I didn't dare appeal in case the next few judges did the same thing regardless of the law, and I lost even more money.

 

I am spitting mad about what they've been able to get away with, and I want to ensure that it doesn't go unreported, but I have no faith in the legal system as a route to getting justice. At the moment I'm thinking that writing a book about the experience might serve to give me some satisfaction, and have in fact started one - but can anyone think of what else I could do to draw public attention to what's going on?

 

I would also like to hear from anyone else who has had an unenforceable agreement enforced, as I'd like to investigate the legal position, and why district judges seem to be making decisions they're not allowed to make.

 

Would appreciate anybody's litigation details, ideas, or support.

 

Many thanks

 

Sirensinger

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Well sirensinger, if you have been around since 2006 then you will have read as many posts as I have of injustices from either of the sides of the legal spectrum. Judges who have no idea of the CCA requirements and the importance of the legislation or how to apply it to a situation, Barristers who go from one extreme to another by either also not knowing enough or knowing a great deal, but aware the judge is clueless and takes them for a trip to confuse, then finally the solicitors equally lacking in CCA knowledge and not picking up infinite details on an agreement or DN or Deed of assignment upon which so much depends for the Debtors.

 

It's not until you come across the likes of PT on here who knows exactly what he's talking about with the CCA that you get anywhere, but he's a very busy man as you might imagine. We need a few more like him to make sure these Judges do take notice of what is being said, but I've been in court both for myself and for friends as McKenzie friend where the solicitors or barristers have run the judge a dance, being a Litigant in Person is not easy these days as these barristers are getting wise to us and the Judges sick to death of CCA issues clogging up their court rooms.

 

Unfortunately I do not have the time or energy as a result of my own battles to get involved in your quest to reveal as there are not enough hours in the day to feed it all across, but I'm with you 100% It's a lottery, shouldn't be, but is.

 

If I can add anything along the way I will, but good luck with this - it'll be a slog but a book might be handy for some so well done, it certainly needs something.

Edited by andrew1

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Sorry, double posted.

Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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