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    • They just said it was fine I don't have to send them in. I am relieved definitely.
    • That's great, I bet you're relieved it's over. What happened about the bank statements?   HB
    • Thanks they were really understanding and ill just have to repay the over payment back thanks for everything 
    • Hello to Forum members reading this post.  I'm seeking for help about a form of words used on MCOL in connection with a claim against a national courier - the comments on the MCOL web page say: Claim History A bar was put in place for "Defendant's name" on 26/10/2020 "Defendant's name" filed a defence on 26/10/2020 at 16:05:37 DQ sent to "Defendant's name" on 27/10/2020   What does "A bar was put in place for "Defendant name"   I hope you can help and I'd be extremely grateful.  
    • I cannot tell you how many enquiries, identical to yours we have dealt with on this forum.    Once again, if payment is made after a warrant is issued and passed to bailiffs, then any payment made to the court of just the fine amount (minus bailiff fees) is simply forwarded by the court to the relevant enforcement company.    And here is the most important piece of information to remember:   Lets say for example that the bailiff requested a sum of £425 and that this was broken down as to £350 for the fine and £75 for the Compliance Fee. The debtor then  makes payment TO THE COURT of just the sum of £350 (fine amount).  Here  is what happens next:   As a warrant has already been issued and passed to bailiffs, the court will send the £350 to the enforcement company.   Legislation provides that from any payment made (irrespective of whether  that payment was made direct to the creditor/court or enforcement company) that the £75 Compliance fee is first deducted. Therefore the payment made of £350 has been allocated as to £75 towards the Compliance fee and the balance (in this case of £275) allocated towards the fine.    The compliance fee of £75 has been paid in full and the balance remaining against the fine has now been reduced to £75.  Unless payment of this £75 is made, the bailiff is entitled to make a visit and at that stage, an enforcement fee of £235 becomes due and payable.    To avoid this scenario happening, don't pay a creditor (or court) direct once the debt is with bailiffs.   
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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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claim form for 9,000 for a credit card from 2004 - no NOA? *sorted under a TOmlin Order*


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  • 8 months later...

I paid a regular monthly payment to a debt collection agencies solicitor but instead of £15 by direct transfer from my bank my fat fingers keyed in £156.

 

I'm torn between contacting them and asking for the money back and risking a new financial assessment or keeping quiet and taking the hit.

 

The payment (and overdue review date) is the subject of a Tomlin order, so no real wriggle room.

 

What is peoples opinion apart from I have been rather careless?

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Well I did think of that, but I'd rather not pop my head over the parapet and get involved in another round of income expenditure fencing...

 

There's no doubt I do owe the money, I'd just rather not pay it quite that fast!

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explain to them the issue you have made, explain the hardship it will cause you and ask them how they are going to reimburse you and when. You should also have the opportunity to claw back the money via your banks system to recover amounts paid in error

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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My first port of call was the bank.

Even though I called up on the lunchtime of the day the transfer took place as the payment had been

(joyously, no doubt) accepted by the recipients bank there was nothing they could do.

 

I'm torn between telling the solicitors and them creating a bit of a fuss or lying low and biting the bullet.

At the moment I'm biting the bullet,. :roll:

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IMHO it would be a bad idea to let this go

- if the recipient is monitoring the account they will realise that your account was good for £156 this month

and may be hoping to increase future payments by varying the Tomlin order.

 

 

Contacting them to advise of an overpayment which has disadvantaged your other creditors

and/or cause hardship would be the route I would suggest

 

 

Given that there is a Tomlin order in place,

any refusal to refund the overpaid amount would not look good on their part.

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