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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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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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    • 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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I don't know if they are required to provide the schedule before the hearing )but how else could you be afforded time to inspect/challenge the aggregated total figure?) Perhaps this is another point that other caggers could please clarify?

 

Also there has been some advice along the lines that respondents can either apply for the cost of external legal advice, or internal legal time spent preparing for the hearing, but not both sets of costs. It might be worth knowing for the hearing which rule/procedure sets out that distinction - could other caggers advise please?

 

Your hearing is on Friday 25th isn't it? How are you shaping up - feeling OK?

 

Thank you!!

Yes it is that friday I have sent them all copies of my dads illness also copies of my dmp.

I have also done what somebody suggested and sent them a settlement figure that doesnt impact my dmp, they have till thurs to decide.

I want you to understand I have done this because of the stress im going through right now with my dad. I dont live near my parents which makes things harder.

I weighed up the pros and cons I could lose that is a reality and I need closure because its affecting me.

some might not agree but I thought it was the best for me to do.

I have said to them its not a admission of guilt but for the reasons ive just mentioned.

 

Thanks for asking SweetLorraine I would suggest anyone going to a et to think very carefully tho. X

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Hi again claireloupul,

 

well it could be resolution of sorts by Thursday then. If you do have to go forward to a hearing then hopefully we can improve your chances of a successful hearing with some of the ongoing questions and answers in the thread.

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Hi again claireloupul,

 

well it could be resolution of sorts by Thursday then. If you do have to go forward to a hearing then hopefully we can improve your chances of a successful hearing with some of the ongoing questions and answers in the thread.

 

Thanks sweetlorraine, I do appreciate everyone's help. If they don't agree then I have my bundle and statement ready and I will just have to pray for the best.

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I don't know if they are required to provide the schedule before the hearing )but how else could you be afforded time to inspect/challenge the aggregated total figure?) Perhaps this is another point that other caggers could please clarify?

 

Also there has been some advice along the lines that respondents can either apply for the cost of external legal advice, or internal legal time spent preparing for the hearing, but not both sets of costs. It might be worth knowing for the hearing which rule/procedure sets out that distinction - could other caggers advise please?

 

Your hearing is on Friday 25th isn't it? How are you shaping up - feeling OK?

 

Hi, I'II just use the quote option to 'bump up' these latest little queries for other caggers to consider again.

 

Just to clarify again claireloupul - when did the respondent warn that they might apply for costs (was after the first hearing date and before the second hearing date?) and when did you first hear that the figure would be £3k?

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Hi, I'II just use the quote option to 'bump up' these latest little queries for other caggers to consider again.

 

Just to clarify again claireloupul - when did the respondent warn that they might apply for costs (was after the first hearing date and before the second hearing date?) and when did you first hear that the figure would be £3k?

 

They did so before the first hearing, they did say it would be £2500-£3000 if it proceeds to a final hearing (there wording). Then I received a letter stating they were applying for costs of £3000 plus Vat with a final hearing costs of £1600 plus vat.

 

Hope that helps thanks

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They did so before the first hearing, they did say it would be £2500-£3000 if it proceeds to a final hearing (there wording). Then I received a letter stating they were applying for costs of £3000 plus Vat with a final hearing costs of £1600 plus vat.

 

Hope that helps thanks

 

hi just to let you know they have come back with a offer of without prejudice and rejected my offer and said they would accept £1500 and said I cannot use that letter in the courts.

of course because of my dmp I cant accept this. So it will be rejected.

Thanks

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SweetLorraine you do make a very good point about the costs.

In there first settlement offer they said they client had spent £3000 and then £1600 to go to court and in the letter i Recieved today it was said it was a reasonable offer considering there client had spent £5000 in costs preparing the case I had withdrawn.

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Okay, just thinking, the solicitor has first said that costs to date in one letter is approx £3000 plus vat which is £3600 now there saying it is £5000 ( vat wasn't mentioned ) in another letter which was the without prejudice now could I use this letter as evidence to prove that they are trying to profit out of this case?

 

Any thoughts?.

 

Thanks

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Just thinking aloud.

 

If a letter is without prejudice save costs, I wonder if it can be presented in a costs hearing, therefore showing the inconsistency of their actual costs.

 

 

Okay, just thinking, the solicitor has first said that costs to date in one letter is approx £3000 plus vat which is £3600 now there saying it is £5000 ( vat wasn't mentioned ) in another letter which was the without prejudice now could I use this letter as evidence to prove that they are trying to profit out of this case?

 

Any thoughts?.

 

Thanks

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Just thinking aloud.

 

If a letter is without prejudice save costs, I wonder if it can be presented in a costs hearing, therefore showing the inconsistency of their actual costs.

 

No it can't be presented or even referred to in court.

 

However, what the OP could do is get the schedule of costs from them and make a comparison with the original letter that was not marked as being "without prejudice". That would be allowed by the judge.

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The whole point of 'Without Prejudice Save as to Costs' is that it CAN be produced in a costs hearing.

 

Claireloupul: it looks like they are trying to call your bluff. They are not being reasonable, so there is no popint in arguing with them further.

 

Assuming you did mark your offer WPSATC then you can bring it to the Tribunal's attention should they rule that costs are payable. Point out you made the other party a reasonable offer and in effect, they brought about the costs hearing having to be heard after your reasonable attempts to settle fairly.

 

If that fails and in the worst case scenario you get landed with a huge bill (I doubt this will happen) then remember to ask if you can pay in reasonable instalments according to your means.

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Hi claireloupul,

 

so it looks as though the hearing on the 25th is on. If the respondent is now quoting totals it is perhaps reasonable to assume they now have drafted a costs schedule. If they have drafted such a schedule it would be reasonable to expect them to send you a copy in advance of the hearing. A failure to send you a copy in advance is not reasonable behaviour on their part.

 

Worth flagging up at the hearing itself perhaps? (comments welcome).

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The whole point of 'Without Prejudice Save as to Costs' is that it CAN be produced in a costs hearing.

 

.

 

Yes but only AFTER the judge has made a ruling as to liability for costs. It can not be used in the context of a defence to avoid costs being awarded. In this instance if I was the OP I would be going all out to have the application for costs denied rather than making offers as if the judge does make a costs award then it will be based on time x rate and not on what the OP has offered. Her offer is only really of any significance if the judge awards an amount lower than what is being claimed.

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WP correspondence cannot be produced when the court decides on liability for the underlying claim, but it can be produced when the court decides who should be liable for costs.

 

In the civil courts outside small claims track this is usually the same thing (since the person who wins on liability will almost automatically get their costs from the other side) but not the same thing in Employment Tribunals.

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Yes but only AFTER the judge has made a ruling as to liability for costs. It can not be used in the context of a defence to avoid costs being awarded.

 

That is what I said. Once costs are ruled then it bcomes an issue. As there is a costs hearing, based on a postponed listed hearing, then there is quite a high risk of costs being awarded. If all else fails, assessment of means and the WPSATC is the next safety net.

 

The best thing the OP can do is be fully prepared. I believe it is unlikely the cost award will be over £500.

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Thanks everyone, yes there are differences on the amounts quoted even before the wp letter, the first one said that it was between 2500 and 3000 no mention of vat and then the next one was £3000 plus vat as a reasonable settlement. This was said because of the postponement they had to.do four months work I dont see how to be honest and one of my questions will be can you produce all dates and times.

the offer is up till close of business tomorrow so I will let you know.

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They emailed me today and said they have a response from their client but they want my number so they can discuss it.

I'm not sure if I should talk to them or to keep everything by email.

Any thoughts.

Thanks

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When I had conversations with "the other side's" legal reps I found it rather one-sided and I found that they would later deny things they had said and twist/clip things I had said to fit their own agenda. (I wish I had recorded those conversations). Of course you end up having to address these half-truths rather than putting across your own points. One of their favourite tricks was to state 'we have here in our notes' before trotting out some nonsense that I would not have said/agreed to beforehand. Bad memories.

 

I would prefer an email exchange - they can stick a 'WP' on it surely?

 

Whatever media you choose I would also say when dealing with legal reps that brevity is important. If you meander around a point of discussion they can pick up on it and take you for a spin down a wrong turning.

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When I had conversations with "the other side's" legal reps I found it rather one-sided and I found that they would later deny things they had said and twist/clip things I had said to fit their own agenda. (I wish I had recorded those conversations). Of course you end up having to address these half-truths rather than putting across your own points. One of their favourite tricks was to state 'we have here in our notes' before trotting out some nonsense that I would not have said/agreed to beforehand. Bad memories.

 

I would prefer an email exchange - they can stick a 'WP' on it surely?

 

Whatever media you choose I would also say when dealing with legal reps that brevity is important. If you meander around a point of discussion they can pick up on it and take you for a spin down a wrong turning.

 

I really dont know what to do.

they have said they will only accept £1000

And its something I cant afford

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Personally I would read into that, that they know they might not get anything.

 

Big difference from what they were claiming to now accept £1000.

 

These people go for all they can get, they are not out to help you, don't for one minute think they are being reasonable, they know they might not get anything.

 

If you really don't want to wait for the tribunal, then get back to them and confidently tell them you only have £500 do you want to take that, if not we will leave it too the tribunal, where you probably won't get anything.

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