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    • And I'm sorry, you're going to have a rough time of it this morning. On at least two or three occasions, either I or my site team colleague have advised you to give a period of notice to the window company – and I even suggested in one of my most recent posts that a period of notice would be essential in order to satisfy the courts. Despite this, you appear to have sent a letter giving notice of immediate cancellation of your contract. I really have no idea why you come here and ask for advice, and get advice – similar advice from several experienced members of the site team – and then you proceed to ignore the advice and do your own thing. You absolutely need to disengage from this company. They are giving you the runaround and frankly considering you are a paying client they're treating you with contempt. By sending the letter you did, not only are you prejudicing your own situation but you are making it clear that you don't know what you're doing. If you follow the advice we give, then you will create the impression that you are in control and competent. You will have to send them another letter. You must give them notice. Even though they are clearly in the wrong and even though there is clearly something very fishy going on, you will have to make time of the essence and give them reasonable notice. I suggested seven days – you have even now used up some of that time by giving them a letter of immediate cancellation and not a letter of notice. I think you should now send them a letter informing them that unless you have a definite agreement within seven days that the work will be completed at the end of 14 days, that you will consider that the contract is terminated by their breach. Tell them that despite any written terms and conditions, it is clearly an implied term of the contract that it will be carried out within a reasonable time and that your patience is exhausted. Tell them that once you cancel the contract, they can take whatever action they want to recover any administrative fee that you won't be paying. If you're the fact that you tend to go off on your own and not follow advice, I think it would be a good idea if you put the letter together and then post the draft here so that we can check it. Slapped wrists? – Yes definitely.
    • In terms of asking us whether or not providing us with the documents we need in a certain format is important, – yes it is important. I'm very sorry but we put in a lot of work for people here and we do it all for free. We need people to provide material that makes it easier for us to help you. We use a standard Internet system – and at the very least, we expect people to have the necessary equipment, for instance a scanner, and some kind of computer to be able to engage with us. We also expect people to have at least the computer skills to be able to provide the documents we need in the format that we need. 10 or 15 years ago this might have been an unreasonable ask because the technology was much newer and not so well established and understood. Things have moved on and I think it's essential for you to acquire the necessary skills – they are not at all difficult – to be able to engage with us – and also anyone else with whom you have dealings on the Internet. I imagine that you don't have a scanner but for about £49 you can get an excellent one from Currys PC World and I think you should do that. Please remember that you are receiving advice here which might normally be charged at £300 per hour. All we ask you to do is to get scanner and you will find that it is really very easy and you will then acquire transferable skills. It is a win for you in every sense. You will have the scanner for years.
    • 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
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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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      • 3 replies
    • 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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How can I get the VATman to accept the real world situation?


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I am trying to get a failing Limited Company struck off by Companies House and have sent Form DSO1 to all creditors. Only HMRC have objected to this and I seem to be making some headway regarding both a perceived Corporation Tax and PAYE liability going back several years - but getting no where with the VATman over VAT "owed" due to their wrong assessments.

 

I have explained my former book-keeper kept all my records (i.e. she didn't give them back to me) when I told her I needed to dispense with her services due to lack of affordability. She worked from home and has now moved and I have no means of contacting her.

 

The VAT man wants all outstanding returns filled in - even if the VAT due on them can't be paid. I am trying to get back on my feet and earn a living as a Sole Trader - but simply don't have the base info needed to fill in these forms - or to deregister via VAT 7 form. In any case it would all be a waste of time as there are no funds to pay any liability calculated.

 

The HMRC Corporation Tax and PAYE arms of HMRC seem to be beginning to grasp the reality - and the nonsense of insisting on pointless paperwork being completed - but not those working for the VAT part of HMRC. They are even threatening to waste even more public money in farming this out to a DCA - all for a perceived VAT laibility of about £1200! The actual liability will be nearer £400 - if I could get my records to prove this - and even that exceeds the Company's assets - which now consist solely of one 5-year old lap top and a broken HP deskjet!

 

I have an outstanding director's loan of about £40k and am by far the Company's biggest creditor. I have billed the Company over the years for my time as a Sole Trader (not as a PAYE employee) and have always paid my own Income Tax in full on time on such billings. I am aware I can put any Director's loan written off against either future Income or Capital Gains to reduce such Tax Liabilities otherwise due (The prospect of any Capital Gain is just a laugh in the current bank-created negative equity climate!)

 

Has anyone got any experience of how to get this all resolved, get CH to strike off the Company and let me get on with my life?

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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They haven't grasped reality at all. They are a set of **** our company had a run in with the Corp tax side of hmrc earlier this year and I had to make a formal complaint as the horrible nasty women on the other end of the phone was so rude and couldn't understand whybi hadn't set aside money to pay them. Had to explain that when I have fuel bills and wages to pay on a weekly basis sorry I forgot

to set aside thousands of pounds for hmrc. No clue. Luckily it's all resolved

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If they won't play ball simply ignore them, don't file any returns or accounts with CH and they will eventually strike it off for you. If HMRC wind it up your ok because there is no o/d DLA and you are a creditor. I wouldn't waste any more time on it. Remember the company owes the money you don't.

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Thanks for the advice.

 

I'll just sit backk and see what happens - but it infuriates me to see public bodies waste OUR money - especailly in paying DCA's! Thankfully all private creditors realise they're flogging a dead horse and let things take their course.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Agree entirely. The country is almost bankrupt as it is and all the Govt. can do is waste more money on chasing things like this. The best part is that the Insolvency Service itself is almost insolvent. You couldn't make it up!

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  • 1 month later...

We have all been conned for years and live in tyranny of taxation, by the HMRC, road tax, council tax, TV license, taxation on fuel, etc...

The magna carta 1215 was a charter of rights on the land and this is the basis for common law and tax is not a requirement. When you are born you get a birth certificate, it is this which is the Strawman and by agreeing to be this fictitious corporation instead of a flesh and blood human being you are agreeing to be subject to the law of admiralty or commerce. Acts are all laws of commerce. When you go into court they ask if you are XXXXXXXX all in capitals, this is the strawman, you can say that you refuse to contract and that you are a free man on the land and therefore subject only to common law. The HMRC cannot touch you.

When banks lend you say 100,000 mortgage, they do not have the money to lend, it is invented. It is invented against your signature, they have nothing to lose only everything to gain by your paying them real money back in interest and capital. No contract is formed as this required two signatures and also the bank has used CONVERSION which is against the law.

See Free Man On The Land and read up about it, it is very real and we are only subject to these costs and brought into debt by our own chosing in our ignorance.

more and more people are becoming aware of this and this slavery control using straw man law needs to stop. Councils are FOR PROFIT businesses listed on the stock exchange, so is the Houses of Parliament, elections only give the ability to chose the directors, the company is still responsible for earning profits, this is why we have so many laws that fine us and tie us down.

We need to work together knowing the full facts

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  • 2 months later...

Thanks for the replies on this thread so far guys.

 

Things have actually got even worse now - see link to my new thread below.

 

Please help if you can!

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?329855-I-m-getting-pursued-personally-for-debts-incurred-by-my-failed-limited-company.&p=3642760&viewfull=1#post3642760

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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