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    • No, though I did get a call back just this morning (from someone I'd not spoken to before at Crystal) and I now have the name of their CEO and confirmed I can write to him at the address I ordered from. Good idea though. Provisional letter below (names replaced), minor adjustments may be made following the legal advice:-   Dear CEO,   Reference: I am claiming a full refund on the glazing for my recent window order under my short term right to reject under the Consumer Rights Act 2015.   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. I have summarised the facts of the case below:-   On 04/10/20 I sent a signed PDF order across to yyyy yyyy. On the 09/10/20 I received an e-mail from xxxx with an order acknowledgement asking for my address so that she could book the order in. I replied the same day with my address and saying please note my order is not the one you've attached, it's the one I've digitally signed and amended to include additional notes, full glazing specification and details of the thermal frame reinforcement, and I attached another copy of this signed order to my reply. On 19/10/20 I sent an e-mail specifically asking for confirmation the glazing spec would be as per the signed quote, and received a reply from xxxx stating ‘I converted the quote you signed off into an order so, whatever is on the quote paperwork that you signed is exactly what has been ordered.’ On 05/11/20 I took delivery of the windows at my home address, and shortly thereafter queried the glazing specification as it did not seem to tally with what I ordered. I received an e-mail from aaaa (head of customer services) on 10/11/20 confirming that yes they had unfortunately ordered the incorrect glass for me. A later e-mail dated 12/11/20 forwarded by aaaa to myself from bbbb bbbb (senior estimator) at Custom Glass, gave full details of the glazing specification sent and that actually requested. I received glazing using ‘Thermaglas’ with the unit having a U value of 0.682 vs what was actually requested, ‘Therma One’ with a U value of 0.590 (better insulation performance). Repeated requests for a refund on the glazing only have been met with refusal citing your terms and conditions and stating you will only reorder the glass. I would point out that this variation of specification was not by prior agreement, and hence I am not bound to pay for it under your own terms and conditions (2.3 No variation to the Contract shall be binding unless agreed in writing by authorised representatives of the parties). Additionally as the item has not been made to my specifications clause 3.5 is negated (3.5 Cancellation - All Crystal products are ‘made to measure’ This means that where goods have been manufactured ‘made to measure’ due a customer’s specifications, they will become non-returnable and non-refundable.’ Furthermore, term 3.5 is not even included in the terms and conditions listed on my invoice number 345198, it is only on the website, and hence I cannot be bound by it anyway.   Due to the difference in specification the sealed units are not fit for purpose and are not as described.   From you I am claiming a full refund of £1190.93 under my short term right to reject under the Consumer Rights Act 2015.   I have calculated this sum based on the total amount paid for the Windows (£1813.14) less the total cost of the frames (£622.21).   Listed below are the documents on which I intend to rely in my claim against you: * 4-14-4-14-4 Thermaglas One.pdf * 4-14-4-14-4 Thermaglas * Signed crystal quote 041020.pdf * Copies of relevant e-mails, for dates see the above summary * Invoice number 345198   I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.    In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days.   Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.   Yours faithfully,    me
    • The finasl part of that Lewes Judgment regarding the Unicorn Feed tax, is worth slipping in somewhere about the addition of any "Admin" or other DCA fees to a claim is abuse of process, as only the driver can be sued for such .
    • @FTMDave I'd hoped so too but looks like someone else handling, thanks for the input, it was very much lacking structure was just trying to note down all the right elements!    Should I also include a sequence of events piece similar to m1n1me's approach?    Thanks again!   RATPCN  
    • Hi, I just wanted to know, if an Affidavit of due Execution can be made, whilst my Mother is still alive, as the witnesses, are also elderly and obviously could pass away before the death of my Mother. Also, I'm wondering, if the witnesses can now make a 'statement of truth', instead, in light of Covid 19, before her death.  Thank you for your help. Regards.
    • Up to 25m savers with National Savings and Investments are likely to see the interest paid on their money plummet today, if they haven't already shifted it elsewhere. View the full article
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Wescot, Pillips & Cohen Associates Disgusting Behaviour


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I would appreciate some help in a matter.

I have been helping a friend since he lost his common law partner.

His partner was being harassed by Wescot for just over £500.00 credit card debt.

Following the passing of his partner Wescot asked twice for copies of the death certificate. This was sent twice.

Wescot then wrote asking for details of the executor or next of kin. My friend was neither and did not reply.

My friend is obviously very upset about all this and now has received the following letter from Phillips & Cohen Associates.

To the Executor of the Estate of the Late XXXXXXXXXX

Further to our previous correspondence, we note you have been unable to respond to our previous request for information. At the time of the unfortunate passing of XXXXXXXXX, the amount of £xxx.xx was owing to Wescot.

Please understand that our intention is not to cause you any additional anxiety or distress. In order to bring this matter to a close we would like to make the following options available to the Estate of the Late XXXXXXXXX.

1. Send a payment of £xxx.xx. We will then close the account as settled in full and no further action will be required.

2. Send a partial payment of £xxx.xx of the balance along with your proposal for a payment plan thereafter.

3. 3 Call our office to discuss a proposal.

To discuss these options please contact our office by telephone on FREEPHONE 0800 030 4101 quoting FILE NUMBER xxxxxxxx as soon as possible.

We can assure you that a specialised staff member will be here to assist you with your call and with any questions you may have in relation to this matter.

Yours faithfully,

I have given my friend a letter to post instructing all future correspondence in this matter to be addressed to me as this is upsetting him.

For the avoidance of doubt the deceased had no estate, no money and no saleable positions.

I think this is disgusting behaviour by Wescot and would appreciate some sound advice and a possable letter to send to Phillip Cohen.

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Hi Rev - this is terrible and seems to be happening a lot now. Have a look at this Fact Sheet. Your friend is not liable and needs to tell these **** that they are not, there is no estate and to whistle. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies#chapter6 Also a strong letter of complaint to OFT http://www.oft.gov.uk/contactus

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Phillips and Cohen are well known for this unsavoury and questionable behaviour. Their letter is carefully worded - although it says that the 'options' relate to the estate, it quite clearly seeks to mislead the recipient into thinking that they should send payment.

 

I'd just send them a short letter:

 

Dear Sirs

 

Re: The late xxxxxx

 

Further to your letter dated (xxxx), I can confirm that N (the person to whom their letter was addressed), is neither the next of kin nor executor of the late xxxxx's estate.

 

Your letter has caused great distress to N. Any further contact from you will be construed as harassment and reported to the appropriate authorities.

 

No further correspondence will be entered into.

 

Yours etc.

 

 

 

I wouldn't even have supplied a DCA with a copy death certificate. When I was helping the executor of an uncle's estate, I found that various companies demanded 'proper' copies rather than photocopies, which aren't cheap, so I ended up telling them that they could have one either on payment of the fee and my expenses, or they could get one themselves from the Registrar upon payment of the statutory fee. None argued.

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Thank you guys,

I gave my friend a letter today for him to sign and send instructing them to address all future correspondence to me.

Hopefully they won’t write to him again.

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If they write to you Rev, then tell them in not so many words to go play at the bottom of the Atlantic....absolutely unbelievable I wouldn't stop complaining until the media had got hold of this, seems they never learn from their mistakes do they?

 

Derbyshire South MP Mark Todd said: "We need to examine the regulation of debt collection agencies who sell debt around like a commodity.

"This allows the link to the original circumstances of the debt to become removed.

"The commodities are human beings and no one thinks of the implications of this."

http://www.dailymail.co.uk/news/article-484772/Grandmother-terrorised-death-bank-wrongly-hounded-16-000.html

 

 

I'd be making them very much aware that they are going to be reported for their continuance to act in an unsavoury manner, MP, BBC, OFT&TS, FOS, Press.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 year later...

Yet another letter today from Pillips & Cohen Associates. This time addressed to the Executor of the late Mr XXXXX XXXXXX.

Our Client, Cabot, has instructed Phillips & Cohen Associates (UK) Ltd to deal with the above account.

Cabot has previously received notification that Mr. xxxxx xxxxxxx has sadly passed away. On behalf of our client and ourselves, please accept our sincere condolences. We understand that this is a very difficult period for you, and our intention is to assist you at this time.

Phillips & Cohen Associates (UK) Ltd are probate specialists. Our goals are twofold; firstly we need to discuss the above listed balance owed to our client, Cabot. Secondly we would like to explain the probate proses and answer any questions you may have.

At the time of the unfortunate passing of Mr xxxxxx xxxxxxx the amount of £x,xxx.xx was owing.

It is very important that someone contact us to provide information regarding whether an estate exists for Mr xxxxx xxxxxxx by calling FREEOHONE 0800 030 4101 at your earliest convenience.

We assure you that a specialist staff member will be available to help you resolve this matter during the operating hours listed below.

We thank you for your assistance, as we understand that this is a busy and difficult time for everyone involved.

All future correspondence and calls should be directed to Phillips & Cohen Associates.

Yous faithfully,

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Phillips & Cohen Associates (UK) Ltd

Building 5, Floor 9

Exchange Quay

Manchester, M5 3EF

 

 

 

.Dear Sirs,

 

Your file number: xxxxxxxxxxx

 

In reply to your letter dated 18th January 2013.

 

You have wrongly assumed that an estate was left by Mr xxxxxxx xxxxxx and that an executor was appointed to manage the aforementioned non-existent estate.

 

Mr xxxxxx did not leave sufficient funds to cover the cost of his funeral and you and your clients have already been fully informed of the circumstances.

 

I am in possession of a pair of wellington boots that once belonged to Mr xxxxxxx and would happily forward them to you on receipt of a stamped addressed box.

 

I have previously informed you in writing that any future contact regarding Mr xxxxxxxxx would be considered harassment and you may now expect a visit from your local police regarding the matter. In addition I require a copy of your complaints procedure.

 

I do not intend to enter into any further correspondence with you or your clients regarding Mr xxxxxx’s affairs.

 

Please inform your client that they are ultimately responsible for the parasitic actions of their appointed representatives and that their consumer credit licenses will be called into question should an apology not be received from them within 14 days of the date of this letter.

 

I do hope that I have made the position abundantly clear to you.

 

Yours faithfully,

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Dear oh dear, a definite case for seeking damages methinks?

 

Report them in the first instance to the SRA http://www.sra.org.uk/consumers/problems/report-solicitor.page

 

Then the OFT&TS, and ignore them, surely they are way out of time to claim anything off the estate.??

 

Very good! Just read your reply, excellent.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 7 months later...

It would appear that they are still at it. Both Westcot and Phillips and Cohen, but let's not forget that I believe that this was originated by RBS...

 

We received a letter dated six weeks after my mum died, looking very formal, but in essence just sent to Mum's address. Can I ask for further clarification as I look forward to the diversion of having it out with them...

 

Although Dad survives, the loan, about which I (and Dad) are unaware of the details of, seems to have been in her sole name. She, like others have written before, left a funeral plan which just about covered the costs of the funeral. Just.

 

Where do we go from here? Dad is upset and just wants to get rid of the reminders addressed to my mum, whereas I am reluctant to take on a debt I simply can't afford. Contemporary guidance would be most useful?

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Hi Tablespider

All I did when my wife died was to first call then put in writing. I explained that she had no assets (normal personal possessions do not count). They then closed the accounts . As we were separated I gave them my details and the wrote to me confirming the write off of the debt

Any opinion I give is from personal experience .

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Wow... we've moved forward apace...

 

It appears (and I so hope that this is real) that RBS have taken the debt back from the aforementioned and when I called them this afternoon, have advised me that as it was personal in her name, as long as I write advising of no estate, then the debt is closed, quote "you're not liable".

 

Much as I hate the thought of my Mum having been worried about the debt until she died, I'm glad that hopefully my Dad won't be plagued by what can only described as charlatans in the past. If I had a mortgage, I'd be reluctant to put it on this being the last we shall hear though...

 

Thanks for the comments...

 

Liam

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Had the same problem with these muppetts when my late father passed on, they even wrote and told me he had a property call XXXXXXXXXXXXXXXXXX house, which in fact was the Nursing home he spent is last few weeks in with his nasty Brain tumor, and if they properly checked they would see he was a council tennant all his life. I knew nothing of the debts he had and the insurance just covered the funeral and what was left over went to his Grand Children £100 each, it was over a year after is death that I was contacted. They had it back big time. Tell em to jog on, in more stronger words as I used.

[sIGPIC][/sIGPIC]Happyhippy1959

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