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    • Hi all, just to close this one, please see the photos below....before and after    Thank you, all, for some great advice (as per usual!)
    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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.
       
      • 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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Hi - URGENT! I wonder if anyone can help please? In March 201 (ie 20 months ago) I had arrears of about £50,000 on my 530,000 mortgage. Derbyshire Home Loans took me to court and got a possession order which I was able to suspend subject to paying an extra £800 a month on top of the contracted monthly amount of £2300. I am self employed and have had a very difficult summer with clients deferring business until November/December/January. This has meant that I am 3 months behind with my new payments (although and including one payment I made last month (September)). I heard nothing from them but on returning from a week away this evening find a 7 day notice to pay the arrears off (issued 7 days ago in my absence) followed by a court date for enforcement on 3rd November (ie this Thursday!), which I will not be able to attend as I am exhibiting at the most important show of my business year and am a keynote speaker.

 

I expect to pay off the three outstanding payments by no later than December when a large contract will be paid and am prepared to sell car, engagement ring etc before this if need be. There should not be a problem going forward. Due to other lenders having charges on the property (business loans following a company failure three years ago) my wife and I would almost certainly go bankrupt if the house were to go. We are not concerned about negative equity, but with 4 children this is a loving family home and we would never be able to buy another, nor possibly even rent with our current credit rating so low.

 

So my question is - is a judge likely to be very unsympathetic in granting a second suspension, and what do I have to do to avoid this (apart from begging Derbyshire when they open tomorrow morning)? We really must not lose this house! Thank you

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Hi, if you have received an eviction notice for Thursday, you need to get to the court tomorrow morning and submit an N244 form to request a hearing in front of a judge asking for the eviction to be stopped. You will most probably get a hearing on Tues/Wednesday and you MUST attend or the lender will win by default and you will be evicted on Thursday. I can help you with the N244 application, but you will have to provide some proof of how you are going to pay going forward and we will need to work fast, i.e. tonight. Are you able to make any payment at all tomorrow ?

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Hi - thank you so much. We are not actually being evicted on Thursday. They sent me a letter dated 20th October giving 14 days notice to pay the £6,013.00 arrears (although total "accepted" arrears are £36,827 - some £16,000 less than they were at the time of the initial possession order) The 14 days expired on Thursday 3rd. I have received a separate letter addressed to the occupier/tenant giving notice that the lender will apply to the court for a warrant for possession on 3rd. It informs any "tenant" (although we live here ourselves) that the lender has already obtained an order for possession and is now seeking to enforce the order through the court. My plan was to speak to the lender tomorrow to see if they will defer such application until I have paid off the £6,000 arrears (+ the £3,000 for October) I am expecting some funds into my account but will not know how much this is until tomorrow, but would probably be no more than £3,000 at this stage.

I am most grateful of your assistance in this. Where should we go from here?

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Hi there, you have some time to try and come to an arrangement with the lender. Once you know tomorrow how much money you will be able to pay them, ring them and see if they will hold off eviction action with that payment. If they won't stop the action, pay the money anyway as it will help your case. If they do apply for an eviction warrant on Thursday you will have approx 14 (somethimes 21, depending on how busy the court is) days before the eviction date to apply to the court for a hearing to get it stopped.

 

Post back on here as soon as you have an update and we will advise accordingly.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You said this in your original post:"followed by a court date for enforcement on 3rd November (ie this Thursday!)", then this "I have received a separate letter addressed to the occupier/tenant giving notice that the lender will apply to the court for a warrant for possession on 3rd."

 

My suggestion would be to contact the court first thing tomorrow morning and find out if a warrant has already been issued - the mortgagee may have applied for it at the same time as sending you the 14 day letter (to save time - most of us who work with courts know the bailiffs can take weeks to give dates) and may already have an eviction date set. The bailiffs will clarify. If so, then you need to act immediately as Ell-enn has suggested as you will need to put your N244 in by Tue morning at the latest, and ensure you attend any hearing you are given.

 

On the plus side your arrears have reduced drastically since you were last in court, and that will go in your favour even if you are currently three months behind on the order...though of course bringing it back up to date will be persuasive to the court.

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Hi - many thanks for all your help on this. Managed to get Derbyshire to agree to a plan to settle the arrears within 2 months which I hope to stick to. So I live to fight another day but hopefully wont have to! Thanks again.

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I hope they're going to put that in writing ?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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