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    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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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.
       
      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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Hope someone can give me some urgent advice. I have an unpaid PCN (should have paid it sooner I know but it slipped through the net). Anyway this morning I got up at 6.10 and saw a letter posted through the door. A bailiff had clamped my car and wanted £523.39 or would accept £223.76 if paid today.

 

The fees he states owing are as follows:

 

Parking Pen Charge - £150

Court Fee - £5

Bailiff's Cost - £58.52

VAT on Bailiff's Costs - £10.24

Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

He has dated the Notice of Seizure and Form 9 incorrectly (he has put 23 November 2010). Is he going to turn round and say I owe the full amount? Another point is that he has written the time he arrived at my house at 5.20am and waited 20 mins outside before posting the letter at 5.40am. I was always led to believe that they could only operate Mon-Sat between 6.00am and 9.00pm.

 

The other point is that the car really is only worth about £500 so if he won't accept the £223 he might as well take the car as he won't get much money for it anyway. Could I say to him that he has levied on goods not actually worth £500?

 

Any help greatly appreciated.

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Hope someone can give me some urgent advice. I have an unpaid PCN (should have paid it sooner I know but it slipped through the net). Anyway this morning I got up at 6.10 and saw a letter posted through the door. A bailiff had clamped my car and wanted £523.39 or would accept £223.76 if paid today.

 

The fees he states owing are as follows:

 

Parking Pen Charge - £150

Court Fee - £5

Bailiff's Cost - £58.52

VAT on Bailiff's Costs - £10.24

Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

He has dated the Notice of Seizure and Form 9 incorrectly (he has put 23 November 2010). Is he going to turn round and say I owe the full amount? Another point is that he has written the time he arrived at my house at 5.20am and waited 20 mins outside before posting the letter at 5.40am. I was always led to believe that they could only operate Mon-Sat between 6.00am and 9.00pm.

 

The other point is that the car really is only worth about £500 so if he won't accept the £223 he might as well take the car as he won't get much money for it anyway. Could I say to him that he has levied on goods not actually worth £500?

 

Any help greatly appreciated.

 

As the bailiff has stated that the amount IF PAID TODAY is only £223 then, as long as you pay this amount by midnight tonight, the bailiff MUST accept the payment to clear the debt in full.

 

Which bailiff company is this and have you checked to see whether the bailiff is certificated ?

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The Company is Swifts and the bailiff's name is on the certificated list (if he is the bailiff) but not as a direct employee of the company (I am therefore assuming he is self-employed).

 

As I am at work a friend of mine has spoken to him. The Bailiff is saying that £523.39 is outstanding (the Form 9 costs. This is not very clearly stated on the Notice of Seizure form) but will accept £223.76 as part payment and remove the clamp and we can come to an arrangement to pay the outstanding amount. My friend agreed to pay £223.76 but said that he would not come to an arrangement about the rest of the money and he would have to speak to me.

 

Another point is that the Form 9 (a green form) that he completed and the Notice of Seizure (pink form) have differing amounts on.

 

I am worried now that if I pay the £223 and he has levied on the goods that I am now responsible for the full amount of £523.

 

This is, as far as I know, the first visit and no other letters or paperwork have been dropped through the letter box. I will request a full breakdown of the costs they are charging and an explanation about the incorrect date, time they clamped the car etc (I know no one knocked on the door at 5.20am as the dogs would have barked).

 

As stated before the car is only worth approx £500 should I mention the fact that the car if sold at auction would has insufficient value to cover all their associated charges and that the HCEO has only done this to gain a financial advantage for himself and his company

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Had the same thing today, they came round at 3am. I saw the headlights but thought it was a neighbour then later found the letter pushed halfway through my letterbox which they must have done very quietly.

 

The original fee was £123.00 then after clamping went up to £584.85 .

 

The thing that struck me as odd was that I offered to pay monthly but they said that is not an option with unpaid parking tickets, is this true? In the end they accepted £460.00.

 

What annoyed me the most though is the fact that I had no knowledge of the law concerning this what so ever, so I was annoyed with myself because I had little option but to pay. I am now doing some reading on the subject.

 

Edited to add.. Also they would not take payment by mastercard & would only take payment by debit card or cash. I had an awful job getting hold of £460.00 cash, I couldn't drive anywhere to try & get the money. It made me think that they were trying to make it awkward for me to pay so they could take the van.

Edited by maximum.bob
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If your van is used for work they cannot clamp it as I believe it would be an illegal levy. You should write to the Bailiffs and get a breakdown of their fees, etc. to see what they have charged you for.

 

They can accept monthly installments but obviously they want the full amount. They also add a charge for using a debit card. More money for their pockets.

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Total amount if paid today £223.76

 

Plus Form 9 Costs = £523.39

 

 

That sounds like extortion. http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=3&NavFrom=2&parentActiveTextDocId=1204240&ActiveTextDocId=1204267&filesize=2351

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 et-al of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993. If you have been overcharged then you have a right to reclaim them. Broadly speaking the law provides for bailiffs to charge:

 

Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00

 

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28

More than £100 - 28% for the first £200 then 5.5% on everything over £200

 

The law does not provide for bailiffs to charge a fee to fix or remove a wheelclamp to your car, so Form 9 costs = £0.00

Professional property investor and conveyancer

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Had the same thing today, they came round at 3am. I saw the headlights but thought it was a neighbour then later found the letter pushed halfway through my letterbox which they must have done very quietly.

 

The original fee was £123.00 then after clamping went up to £584.85 .

 

The thing that struck me as odd was that I offered to pay monthly but they said that is not an option with unpaid parking tickets, is this true? In the end they accepted £460.00.

 

What annoyed me the most though is the fact that I had no knowledge of the law concerning this what so ever, so I was annoyed with myself because I had little option but to pay. I am now doing some reading on the subject.

 

Edited to add.. Also they would not take payment by mastercard & would only take payment by debit card or cash. I had an awful job getting hold of £460.00 cash, I couldn't drive anywhere to try & get the money. It made me think that they were trying to make it awkward for me to pay so they could take the van.

 

I would strongly suggest that you make a Formal Complaint to the local authority. This is because the bailiff was CLEARLY not coming to your home to collect the debt at 3am in the morning , but instead, was merely looking to seize a vehicle and thereby incur you in substantial additional costs. This is simply appalling. In addition all bailiff companies have agreed to abide by the National Standards for Enforcement Agents which states that a bailiff must not visit an address until 6am.

 

Which local authority is this and which bailiff company?

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  • 4 weeks later...

At long last received a letter back from the Bailiff Co and need some further advice as I am not satisfied with some of the responses I have regarding breakdowns, etc.

 

They are stating that a levy fee of £55.60 was made but the bailiff has stated on his form under Bailiffs Costs £58.52. There was no 1st visit fees listed.

 

They are stating that attending to remove fee of £299.63 was charged but no breakdown of what this fee entailed (I think it may be for an AVR RTA whatever that is or maybe a waiting charge).

 

I was told that the Bailiff is entitled to attend property at the time appointed (5.20 am) as the National Standards are issued as guidelines and is a recommendation not a legally binding requirement.

 

Concerning the car being valued at approx £500. They state that the Bailiff is entitled to levy upon goods to satisfy the amount due including pcn and any costs or charges due. There costs would still be more than the car was worth. The car has done £150k, has a dent in the passenger door (courtesy of an uninsured driver), two electric windows that don't work and are sellotaped up and the engine makes a noise (a bit like chitty chitty bang bang to be more precise). If they took the car away they would in fact be doing be a favour! If they did take the car away though and incurred further costs from storage, auction, etc they would not cover their costs and would have to come back to me for more money. Would they then try and access the property again. Knowing how these snakes work could they look through my window and levy on my furniture in the front room because no-one will allow them access into the house (and the dogs might lick them to death!!!!!!)

 

I requested a screenshot of my account but have received a list of account details stating credits and debits of account. Do the bailiffs have to complete a worksheet of some sort e.g. visited premises on 21 Jun 2010, no one in, letter left, etc). Should I now request a SAR?

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