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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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kezcameg

Home assistance through Sheila's wheels

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Hi all,

I have home emergency cover through Sheila's wheels and I've had a major problem with a recent visit by one of there engineers.

On the 30th October my boiler stopped working so I called the home emergency number and they sent out an engineer the next day, he looked at the boiler and stated that the pump had gone so he fitted a new one all was fine and he gave me a readout of the boiler readings then after about five minutes the boiler went bang he turned the boiler off and then decided that the flue had collapsed and that if I used the boiler my 2 children would be killed so of course I was very scared. He took the fuse out of the boiler and told me he would phone the insurance company, I phoned the insurance the next day and they said they were waiting for a report off the engineer.this went on for over a week by this time I was getting desperate with no heating or hot water.they finally come back with a quote of £1950 because the flue liner had to be replaced as you can imagine I was a little shocked so I phoned my normal service engineer out for a second opinion he came out and did numerous tests on the flue and said in fact there was nothing wrong with the flue and the boiler was not only safe now but had been at the time of the first engineers visit as the carbon monoxide level was at 2ppm and the safe level was 50 I then looked at the first engineers printout and that also stated that the monoxide level was well below the safe level.as you can prob guess I put a formal complaint in but home assistance are now arguing that perhaps the boiler flue was showing faulty at first but when my engineer came out it was not faulty I have had to pay over £300 in engineers work to get a full safety check done all of which have come back that there is no problem with the boiler but Sheila's wheels are refusing to pay for any of my costs so what can I do now.

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Sheilas Wheels Engineer would have been Gas Safe Registered, so ask SW for the engineers full registration details and make a complaint about them.

 

You can find out from the Gas Safe people, how you can follow through with a complaint about the engineer.

 

http://www.gassaferegister.co.uk/footer/contact_us.aspx

 

You are wasting your time with SW complaining about the engineer. Only contact SW for the engineers details and then make a complaint to Gas Safe. It sounds like the engineers was wanting to create some installation work, perhaps for the company they work for.


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i should have said its an oil boiler so does he still have to be gas safe registered

thanks

kerry

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i should have said its an oil boiler so does he still have to be gas safe registered

thanks

kerry

 

The engineer or the company they work for should be registered with the appropriate body.

 

OFTEC ? http://www.oftec.org/


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they are not registered with oftec or gas safe and according to insurance he didnt have to be as oftec is not compulsory

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he is not registered with oftec or gasafe because according to sw he dosnt have to be

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he is not registered with oftec or gasafe because according to sw he dosnt have to be

 

If this is the case that SW's use unregistered engineers then SW's are responsible for the actions of this engineer. Get on the phone and make a complaint to the claims manager at SW's. The engineer may have just switched your boiler off, hoping to get some extra work, rather than suggesting that you get someone more qualified to fix the boiler.


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Have done that but they are unwilling to uphold a complaint because they believe that the engineers actions were correct even though its been proven that the information he gave me was false.they said that a flue could fail one day and pass the next, something which oftec said would not happen

Thanks

Kerry

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Write to Chief Executive of SW's making a formal complaint and threaten to take the matter to the FOS, as well as involve your local press and MP. How can someone at SW's respond to you, giving their unqualified opinion on a flue. It is just silly.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Write to Chief Executive of SW's making a formal complaint and threaten to take the matter to the FOS, as well as involve your local press and MP. How can someone at SW's respond to you, giving their unqualified opinion on a flue. It is just silly.

 

Thanks for all your help, I will phone them first thing and let you know what they say.

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it gets worse my boiler has now broken again but they are refusing to come out or guarantee there original work because I haven't replaced the flue that didn't need replacing so I've now got no heating no hot water and no money because they haven't refunded my costs for getting out my engineer for a safety test I really don't know where to go from here.

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sheilas wheels are part of esure try emailing stuart.vann@esure.com with all the details, be polite but firm and state what resoloution you require, that should be the CEO email for esure


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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