Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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.
       
        • Thanks
      • 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!
        • Thanks
        • Like

Court papers from Trethowans


Please note that this topic has not had any new posts for the last 3130 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everybody:) Received a parking ticket at Aintree hospitals a few months ago

- partner recieved notification as he is the registered keeper.

 

Sent a letter to say that he wasn't the driver as he was in work and they sent a letter back to say if he could name the driver they would transfer liability.

 

Sent another letter to say it could have been a number of people who were driving but defo not him!!

 

Received a letter off Trethowans who said the car had a disabled badge displayed in the hopes that this would reveal the actual driver but we just ignored that letter.

 

Received court papers today:!:

POC:- UNPAID BREACH OF PARKING REG. NOTICE

DETAILS- date, ticket number and amount

Then goes on to say about claiming interest pursuant to section 69 of the County Courts Act 1984.

 

What do we do

- partner will go mad cos he already has a CCJ from HFC?

Obviously we want to defend this as it wasn't him driving so why should he get penalised??

 

Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Please please help as I have to tell my partner when he comes home from work:jaw: and if I have some sort of answers for him it would make it more bearable!!

THANKYOU IN ANTICIPATION!!

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites

I should get over to PePiPoo and flag up this matter there. People on there have experience of previous cases from these solicitors and this hospital.

  • Confused 1
Link to post
Share on other sites

Do we have to fill in the Acknowledgment of service and the defence and counterclaim form?

Yes fill in the acknowledgement of service, and tick the box that says you wish to defend the whole of the claim. This will give you 28 days to submit a full defence, which will obviously be that your partner can prove he was elsewhere at the material time, and couldn't therefore have entered into any contract relating to parking at Aintree.

 

He can only get a CCJ if they a) take the claim all the way to a hearing (unlikely); b) win the case (extremely unlikely); and c) he doesn't pay the judgment within 21 days.

 

There's more chance of Shergar winning next year's Grand National ridden by Lord Lucan.

  • Confused 1
Link to post
Share on other sites

Thanks everybody- Al27 replied to pm:wink: Have joined pepipoo too and just pasted this post-never been on pepipoo before but read through some of their posts- between us all I'm sure it will be sorted!!

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites
Aintree tried Court some time ago and lost as the judge said it was a penalty, and private tickets cannot issue penaties

If memory serves papers came to light from the Aintree Hospitals NHS Trust that disclosed that the scheme was intended to penalise drivers.

Link to post
Share on other sites

Either Trethowans are just in it for the cash and not worried about their reputation after the last Aintree cases, or Aintree are putting pressure on them to try again! Madness even if they win its costing them more then they could recover!

Link to post
Share on other sites
  • 2 weeks later...

Ok- there havin none of it!!! Received allocation questionnaire today! They've also changed to our local court!! Seems pretty much straight forward - just stuck on what to put for G-"other information" Also where it says about witness shall I put in that his boss will sign a statement to say he was in work and driving his van so it couldn't be him driving? Pooping myself now ;-(!!!

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites
Ok- there havin none of it!!!

 

In all likelihood nobody's even read it :-)

 

I'd just repeat what you've already said under part G. Save any proof for your full defence later (if it gets that far).

Link to post
Share on other sites
  • 2 months later...

Finally received a letter from court to say they are recommending a mediation service and the claimant wishes to attempt mediation- does he have to go for this- I don't see the point in it as they know he wasn't driving but have still pressed ahead with court proceedings- are they really going to listen now?

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites

Trethowans tried it on with a keeper last week in Liverpool and were sent packing. Tried asking the judge to order the defendant to say who was driving. Judge said he had no authority to do so. Basically if your partner says he wasn't driving and can prove it then its case over!

They also send local agents who dont seem to know too much about what is going on.

Link to post
Share on other sites

Hi Notts_Phil- he's got the hearing date in Feb should it not be resolved by mediation- many people have helped already but I've a feeling I'm going to need a lot more!!

 

Esmerobbo and DBC- just read the post on pepipoo- feel slightly more relieved now!!

 

Just need to start getting everything together- Liverpool CC will be sick of us- 2 tickets from Trethowans!!!

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites
  • 1 month later...

Has anybody got any ideas on what to write in defence? Got some great stuff off Al27 about penalties etc but wanted something relating to them suing the RK and not the driver.

 

Who was it they lost in court with- was it daveyweir?

 

Thanks guys:wink:

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites

Davey Weir won on the penalties factor, but there has been a big one since then.

 

NHS Aintree Foundation Trust v Perera

Case no. 1UD12840

 

£1622.84 costs sought from 25 tickets.

 

Mostly double yellow line parking incidences.

 

• Judge agreed that each amount was a penalty not a pre-estimate of damages

• Agreed that the Circuit Judge's findings in Thurlow v OB were persuasive

• Nobody was obstructed, no spaces were taken and a permit was on display

• Dismissed the notion that parking management was the purpose of the private ticketing regime

 

If you can prove your OH was at work it would be game over.

Link to post
Share on other sites

Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites
Does anybody know of any cases where they have sued the Rk instead of the driver that I could write in the defence? Have received their witness statement- ha haha is all I can say- will give more details after hearing!!:madgrin:

 

They cant, their claim is for breach of an alleged contract which the DRIVER allegedly read on signs and allegedly agreed too by parking. The RK was not party to any contract they can not be held responsible for it.

 

Have you read the freedoms bill? The PPC brigade are asking for RK liability for parking charges, now if they are asking for RK liability then they accept that it does not exist at the moment.

 

PS: Sent you a PM

Link to post
Share on other sites

Thanks esmerobbo- (replied to pm:wink:) They are saying it's not for breach of contract it's for parking in a forbidden bay!! They just contradict themselves over and over again!!

<<<If I have helped please tickle the scales;-)<<<

Link to post
Share on other sites

So they're going down the trespass road? The same applies. If the RK wasn't driving and wasn't there then they didn't trespass!! Its even more clear cut than the contract one!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...