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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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I am on work visa and she is on dependant visa...we dont know if it makes any issues on our visa applictions because the info on UKBA website is not clear. Also we spoke to SWtrains cust services and they were shocked after hearing the fine of £2322 they kept us n brief hold and the came back saying we have nothing to do with this speak to prosecutors...

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I have only just had time to read this thread properly and am sorry that I have come in late.

 

I have to say that although it is clear that you and your wife could be prosecuted, it is not the purpose of the service, whether actioned by CPS or by Private Prosecutors to impose exorbitant financial penalties in the way you describe. That is not to say that they cannot allow out of Court resolution because they can.

 

It is actually the rail company's responsibility to control and manage their prosecutors. If they use a private agency they cannot absolve themselves of all responsibility, but may review along with their agents and make an appropriate decision. That may be that they decide their agents can proceed accordingly, but this needs to be a transparent decision.

 

I suggest that if all is exactly as you have told us, you would be well-advised to contact the people who have set these terms, ask them to put this in writing exactly as you have described to ensure there are no misunderstandings. You could go and see a competent criminal defence solicitor specialising in these matters and explain the position, a short consultation will normally cost very little (a few pounds only) and if you have been absolutely accurate in what you have told us, and if my hunch is right, you may get a good one to offer pro-bono advice..

 

At the same time you might advise the prosecutors' office that you are taking legal advice on the matter and politely request that they allow you 14 days to make a decision on their offer. You may also advise the prosecutor's office that you will also be asking Passenger Focus to look at the justification for their action in imposing such a penalty.

 

Put on written record with them that you have not rejected their offer, but that because you have tight financial circumstances, a young family etc. you do need time to consider legal advice as to how and whether this payment can best be managed.

 

Let us know how you get on please. I am not saying that you have not been wholly accurate in your story, but you do need to be entirely truthful in order to get the best result from all of this.

 

Good luck.

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Hello CodJA thank you for your time and reply. I made the payment on the 4th march i called few solicitors and they said they will call back and none of them called. I called passenger focus and london travelwatch but they said its legal matter they cannot handle it. But i have to say i called swt prosecutors and told them i can only manage £1525 coz thats the maximum i have left aside £100 for my gmdaughter. I literally begged but they were very cold. Their reply was we have reduced the amount considerably, pay or we will take you to court. Funally i made the payment after borowwing from friends. But thanks everybody for your help and time i really appreciate it.

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£760 each to avoid court and a criminal record doesn't sound too bad really.

 

Considering a court would have probably fined £400-£500 each, added costs etc, you've probably paid the same penalty financially, albeit without a court appearance or criminal record.

 

I don't think it's a bad result considering the season ticket was bought in the first place with the sole intention that it would be shared between you two, SWT would seemingly have a very good case for "intent to avoid payment of your fare" and/or an inchoate offence such as aiding/abetting.

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The OP makes it clear that it was well over £760 ea, and even that rate is- as we know- far above SWT's average for such cases. Which is why it stands out as an exceptional case, and one which presupposes other factors somewhere.

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The OP makes it clear that it was well over £760 ea, and even that rate is- as we know- far above SWT's average for such cases. Which is why it stands out as an exceptional case, and one which presupposes other factors somewhere.

 

In that case I'm going to look into this a little bit further.

 

I do think that the out of court settlement should exceed (or at least match) what would happen in court, otherwise the deterrent factor is reduced.

 

I also wonder whether the OP has made all sorts of claims in the interview about paying '000s to avoid court, in order to appear remorseful etc and the TOC has called his bluff and asked for payment, which he only just about managed.

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I have to say I tend to agree with Firstclass. This is a particularly expensive one, but as soon as a TOC requests a second interview with somebody their costs will spiral, due to the staff wages and time that goes in to arranging one etc. they likely wouldn't have got this amount in costs back at court as the court would award a contribution to these, but for a season ticket case, I don't think their offer was unreasonable. I'd also be interested to hear if the OP asked to pay in installments as he indicated earlier, as you'd be surprised how understanding TOCs are in this way.

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Err... Sorry Stigy! -but no-one except you (post #8) has ever suggested it was the second interview.

It was the first and only interview.

 

With the prosecutions office. The first interview would have been with the RPI when the OP was reported. Ordinarily, with any other TOC this would be an assumption on my part (albeit an educated one), but through knowing how this particular TOC works, that's what post 8 was based on.

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With the prosecutions office. The first interview would have been with the RPI when the OP was reported. Ordinarily, with any other TOC this would be an assumption on my part (albeit an educated one), but through knowing how this particular TOC works, that's what post 8 was based on.

 

It was only the second interview for the OP's wife; it was his first. By that logic, he should have been charged less!

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