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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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Couple of weeks ago, a German friend and family came over to visit. I lent them my car for the weekend. Today, I received Notice of Intended Prosecution from West Midland Police.

Apparently, my car was caught doing 70mph on M6 between J4 & J5 where there is a variable speed limit of 60mph!!

The NIP asked for information of the driver. Should I submit the name and address of my German friend?

What would happen to him? Will he be prosecuted in German, or call to face the music in West Midlands?

I wonder if anyone had similar experience and can give me some advice, please.

Many thanks.

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If you fail to submit, you will be prosecuted instead.

 

Submit the name of the driver and address etc.

 

Do not think that Germany will prosecute him yet (But there are moves to do this inside the eu at a later date)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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BTW, why would they prosecute for exceeding by just 10mph?

I always knew that there was an allowance of 10% (so 66mph in this case) and points/fine if speed didn't exceed 10% of that (6.6mph in this case so 72.6mph in total).

Prosecution for anything past that.

Was I wrong?

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BTW, why would they prosecute for exceeding by just 10mph?

I always knew that there was an allowance of 10% (so 66mph in this case) and points/fine if speed didn't exceed 10% of that (6.6mph in this case so 72.6mph in total).

Prosecution for anything past that.

Was I wrong?

 

The guidelines are 10% + 2mph for a FPN, so they can start at 68.

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Interestingly, why doesn't everyone claim that someone else in the EU (Or elsewhere in the world) were driving the car? Wouldn't everyone get away from traffic offences this way? (Genuinely interested)

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Interestingly, why doesn't everyone claim that someone else in the EU (Or elsewhere in the world) were driving the car? Wouldn't everyone get away from traffic offences this way? (Genuinely interested)

 

 

Some people do, and then the SCP start asking questions about the insurance status of the 'visitor', and usually find there is none, so a £100 + 3 points for speeding can turn into £300 + 6 points for no insurance.

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But would the owner be liable if someone else drove without insurance?

 

The principal offence is by the person who drive without insurance (IN10 conviction code on license)

 

If a person knowingly lent the car uninsured they may have "aid, abet, counselled or procured" the principle offence, and may be charged as an accessory.

The same penalty applies as the principal offence (including 6-8 points on their licence), but with code IN12 (and likely higher premiums in future, too.....)

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If they allowed the visitor to use their car without being ensured they'd be liable.

 

If they didn't, then the visitor could be done for taking without consent. Not sure what the pan-european situation is with a theft charge?

Jeremy

 

Computer Problems? Give me a shout...

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But would the owner be liable if someone else drove without insurance?

 

 

Yes, if they allowed the person to drive uninsured - s.143, (1), (b) & s.143 (2), Road Traffic Act 1998.

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Interestingly, why doesn't everyone claim that someone else in the EU (Or elsewhere in the world) were driving the car? Wouldn't everyone get away from traffic offences this way? (Genuinely interested)

I guess most people don't think it's worth the risk of going to prison for the sake of a speeding ticket. That's the likely outcome if you falsely claim that a foreigner was driving your car, and get caught.

 

As Raykay alludes to, even if the police can't prove that the mysterious foreigner you just named doesn't exist, it's very unlikely that he would be insured to drive your car, so you'd be setting yourself up for a charge of causing or permitting him to drive without insurance.

 

In the OP's case I assume that the German friend both exists and had appropriate insurance cover, in which case the OP has nothing to worry about.

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  • 2 months later...

AN Update:

I submitted the form with details of my German friend, within a week of receiving the NIP. As of today, 17th November, neither myself nor the German have received any further communication from West Midland Police.

Perhaps the case is Closed!

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

The buyer would commit an offence of driving without insurance.

Btw, it's always wise to state date and TIME of sale on a car sale receipt when selling a car, in case the buyer gets exited and gets a speeding ticket.

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But how can the driver check the insurance status of someone else? Say you were looking to sell your car, and someone comes to see it and claims to have fully comp insurance that should cover them to drive the car as long as it's on the policy. There is no way to check it as such.

 

 

 

That is the problem with allowing other people to drive your vehicle.

Either you make it a condition that they provide the insurance - preferably in writing and signed by them, as it may not be believed later if it was a verbal agreement.

or

If they claim they have third party cover, you would need to see their insurance certificate, and check that it does cover driving other cars, and any conditions attached to that cover - the vehicle itself covered by other insurance etc. Just because they have fully comprehensive insurance doesn't automatically mean they have third party cover - many don't.

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At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

The buyer would commit an offence of driving without insurance.

Btw, it's always wise to state date and TIME of sale on a car sale receipt when selling a car, in case the buyer gets exited and gets a speeding ticket.

 

I disagree. Companys that do hire vehicals have in the passed requested to see an insurance certificate

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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At that point you have not committed an offence because you have no reason to doubt the buyer has no insurance.

 

 

 

It is not a matter of reason to doubt the buyer has no insurance, they either have insurance or they don't. If they haven't, and you have allowed them to drive your vehicle without it, you commit the offence.

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