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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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Great result I know you were up for the fight but its done now and all dusted, although you had plenty on your side, county court can be a bit of a lottery.

 

Plus I am sure you have better things to do!

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True, I do have better things to do but I quite enjoyed seeing what they were coming up with just to fire them back down. I couldn't have done it with out you lot though

<----------- If I have helped in any way please click on my scales :p

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Well, it appears that the byelaws were something of a red herring as they do not make any relevant provision (with regard to the management of parking etc). However, a good result all round. Glad it all worked out.

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Morning all,

 

Just had some good news regarding Whitehaven Harbour Commissioners. A friend of mine was going through the same rigmarole as we are and he had his court date coming up next week (we've just recieved ours for February next year).

He opens his post this morning and received an early Christmas present from Celia at Whitehaven Harbour Commissioners :-)

http://goo.gl/7xShnL

Why would they do this if they had the rights to claim all the money?? Oh yeah because they know its a con and are now backing down to the people who stand their ground!

 

EDIT

 

I have the Byelaws!!!

http://goo.gl/0oPSMj

For some reason I thought this was going to a bit more up to date. The following is the response I recieved via email:

 

As per your request, please find attached our byelaws currently held by the Secretary of State for Transport.

We are currently re-drafting our byelaws and will be seeking stakeholders' comments during 2014.

Yours sincerely

Whitehaven Harbour Commissioners

Good work. Not many motor cars around at the time those byelaws were made.

I huge whoopsie by WHC.

And when (or should that be if) they include parking in the new byelaws they will exclude PoFA as it will not be relevant land. Will the PPC be pleased ? Will it dare to issue court papers at all (based on PoFA). A PoFA claim against the RK would be a false claim when it is not "relevant land".

I feel there are more whoopsies to come. This could be a gift that keeps on giving for some time yet.

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Yep a defence was put in. I gave the missus the good news when she got back off her placement and she was chuffed to bits. I then said we were going to go for costs against WHC as a lot of time and effort had gone into all of this. She said not to do it. She just wanted it over and done with. The thing is it never cost her a penny but why should they get away with causing distress to my partner. The time I've taken to research and write to them. To defend the claim. To take pictures in their car parks. Postage costs.

I have a friend willing to sort a letter out for a claim so I shall be back once we have sorted that.

Edited by sploits

<----------- If I have helped in any way please click on my scales :p

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The Commissioners must be elected or appointed somehow, find out how and when they are elected and get someone on board. Many of these institutions, created for a now arcane purpose have huge sums of money swilling about and little to justify it so the people who are trusted to manage thier affairs are on to a nice little earner with little or no accountability or risk of close inspection. Many charities are in the same position.

Apply for costs, the court will tell you over the telephone how to go about it and whilst you are at it the follow up with the local paper can now be more detailed about how the claims were utterly preposterous and doomed from the outset, pointing out the byelaws and the lack of authority for Celia to act the way she did. A letter to the Commissioners themselves on the same point and a complaint about using the court process to harass and coerce you into paying a claim that didnt have any basis wouldnt go amiss. They wont publicly admit wrongdoing but she wont have advanced her career one bit so they will be stuck with her.

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Brilliant advice ericsbrother. I am going to speak to the other 2 lads who had the claims cancelled and we will all go to the Whitehaven News and give our story. I'll post a link once it goes live :-D

<----------- If I have helped in any way please click on my scales :p

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Is WHC not a Trust ? If it is then it is worth examining the Deed(s) of Trust. If the trustees have breached their duty then equity will not be kind to them.

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