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leerob695

Everlasting Boilers County court letter***Claim Struck Out ***Now a 3rd and 4th Claim

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I had a new boiler fitted by a shade greener on 16/12/14

 

when i say fitted it was a very windy day when it was fitted

and they left a Couple of jobs to finish of like fitting the weatherseal to the flue

and clearing all the brick dust they had covered everything in my attic with'

these jobs i was told would be done the next day but they were not

 

Finally after many facebook messages and phonecalls

a fitter was sent to return on his way home from work when it was dark

 

he refused to go up the ladders as it was dark and there was nobody to foot the ladders

and he only had the bottom half of a henry hoover and a brush which he said himself would not sort the job out

 

He never came back despite many phonecalls to Everlasting boilers

 

Just after Xmas my boiler broke down

I rang the 24 hour helpline to be told somebody would ring me back to sort the problem out

 

48 hours later still no phonecall

 

i rang up another gas fitter who asked me for the error code and told me to turn the boiler off

and then back on again to sort the problem out - This fixed it

 

it would appear that I was forgotton about for both the finishing off work AND the clean up work and also the "24 hour care"

 

this was the case until about 2 weeks ago when some jumped up git rang my mobile

and told me i had to pay or they would come rip the boiler out

 

I told them that i wanted the unfinished work completed before I agreed to start paying for it

but his answer was "see you in court"!

 

Today a county court summons has appeared for the grand total of £5170.52 for the boiler

 

I have no issues with paying for it BUT the agreement says payments start after the work has been completed

but it still hant been completed so where do i stand please

 

Thanks in advance

Edited by citizenB
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I am sorry you appear to have been missed.

 

 

I had a new boiler fitted by a shade greener on 16/12/14

 

 

Are you sure about the date you had the boiler fitted ?

 

Can you please let us know the following...

 

Date of issue of the claim form- top right hand corner of the claim form.

 

Type out exactly what it says on the particulars of claim - the reason they are taking you to court.

 

If the terms and conditions state that payment doesn't start until after the work has been completed and the work has not been completed, then that will be your defence..

 

Please provide the information I have requested above so we can advise further.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Quote

 

Date of issue 26th September

Sorry date of fitting was 29/11/13

 

particulars of claim

 

A boiler replacment agreement was signed on 29/11/2013 by Mr XXXXXXXXX and Mrs XXXXXXXXX

This agreement is a conditional sale agreement regulated by the consumer credit act 1974,

pursuant to which Mr XXXXXXXXX and Mrs XXXXXXXXX agrees to make payments to the creditor

to pay for a grade a central heating boiler.

 

The amount due as at the date of this claim is £4985.52 tis sum consists of:

-unpaid monthly payments, totalling £206.52

- Missed payment and administration charges, totalling £75.

- Home visit charges totalling £210.00 (£175. + VAT)

- The purchase price of the boiler as set out in schedule 3 of the agreement

at any time prior to the forth anniversary of the agreement is £4494.00

 

 

I have spoken to a couple of heating companies who have said that they would consider the work unfinished

and a shader greener are aware of this fact yet neglect to mention it on the claim form

 

And to add insult I recieved a letter on monday welcoming me to Everlasting boilers and congratulating me on my boiler insalation!!

In my opinion they have forgotten about me yes its been working but not completed for nearly a year

 

Thanks

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You have a timeline which you need to keep to.

 

Issue date 26.09.2014 + 5 days for service = 30.09.2014 + 14 days to acknowledge claim = 14.10.2014 + 14 days to submit your defence.

 

You MUST acknowledge the claim by the latest 14th October - you can do this online using the claim reference and the password you will find tucked away in the claim form. Tick the box for defending all and you will receive the extra 14 days to submit your defence. I have asked others on the site team who have more experience to look in on you.

 

 

particulaers of claim

 

A boiler replacment agreement was signed on 29/11/2013 by Mr XXXXXXXXX and Mrs XXXXXXXXX This agreement is a conditional sale agreement regulated by the consumer crediticon act 1974, pursuant to which Mr XXXXXXXXX and Mrs XXXXXXXXX agrees to make payments to the creditor to pay for a grade a central heating boiler.

The amount due as at the date of this claim is £4985.52 tis sum consists of:

-unpaid monthly payments, totalling £206.52

- Missed payment and administration charges, totalling £75.

- Home visit charges totalling £210.00 (£175. + VAT)

- The purchase price of the boiler as set out in schedule 3 of the agreement at any time prior to the forth anniversary of the agreement is £4494.00

 

I would think you would be defending on the fact that.. yes you did enter into the agreement, but that the terms of the payment schedule are that the first payment was to be made on completion of the installation. As this has not yet been completed then payments are not due.

 

Would those other heating companies provide you with a letter to say that in their opinion the installation isn't complete ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Im pretty sure that The companies i have spoke to can put something onto a letter head explaining that the installation is not finished

 

On the contract We signed

It states that the monthly payments will commence immediatley AFTER installation

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Excellent, if you have a copy of the contract that points that out :)

 

With any luck, once they receive a copy of your defence they will come to their senses :)


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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What will happen then

Should they get back in touch with me and try to sort it out as opposed to just jumping the gun with further court action

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It is not easy to know what they would do. However, they could - reassess the situation and realise that perhaps they have been a little too hasty and discontinue the claim.

 

Just ensure you stick to the court timetable and acknowledge the claim - then when it is nearer the time submit your defence. Then it is a question of wait and see.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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leerob - you mention an Agreement - can you tell us who the agreement is with.. is it a finance company who provided the funding or is it with the trader (the company that installed the boiler)

 

Can you please also let us know which of the above is the claimant ?


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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UPDATE

 

I put my defence in explaining everything on 27th Oct and on 7-11-14 i recieved a notice of discontinuance

 

Today i have received a General form of Judment or Order dated 20th Novemeber which says i have failed to file a Directions questionare with the CBBC

 

Can anybody help me as i never recieved any other forms

 

It is now saying i should file a directions questionare with the CBBC within 7 days from the service of this order

 

does this mean they have got a judment ?

 

 

I thought it was discontinued?

 

Any help appreciated

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Has the court received the NoD ?

 

Andy


We could do with some help from you.

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It would appear so looking online on the money claim site this is what is says

 

A claim was issued against you on 26/09/2014

 

Your acknowledgment of service was submitted on 08/10/2014 at 17:47:26

 

Your acknowledgment of service was received on 09/10/2014 at 08:01:04

 

Your defence was submitted on 27/10/2014 at 16:58:15

 

Your defence was received on 28/10/2014 at 08:01:08

 

Notification that the claim against you was discontinued was received on 07/11/2014

 

I have also recieved a copy of the forms sent to the court and a covering letter from the claimant saying it was discontinued

 

Any help appreciated

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Excellent...so it looks the courts are cross purposes...just ring them and ask why they have sent you a this order?

 

Regards

 

Andy


We could do with some help from you.

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Right here we go again..................

 

if you remember when i put in my defence they sent a notice of discontinuance

then a few weeks later they sent me a bill for the boiler which still hasnt been sorted out

 

Today 23rd feb

 

I have had a letter telling me that they have reinstated the direct debit as they dont want me to fall further in debt

(I have contacted my bank and cancelled it and told them that they have no permision to reinstate direct debit

but the bank cannot stop them doing so

 

they then say as my account is currently in arrears

i need to set up a payment plan with them

and i need to contact a Mr Morley (High court Enforcment officer)

who has been instructed to recover the debt on their behalf

 

how has a high court enforcment officer got involved when as far as im aware they discontinued county court

and as im aware their hasnt been any further court action

 

would i not know if they have been to court without me

 

or is it just scare tactics and he is nothing more than a private debt collector

 

Thanks in advance

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The bank can stop them reinstating the DD. Put your foot down. Hard.

 

As for the HCEO, you need to report them if a CCJ was not granted.

 

 

Check your credit files and trust online.

 

 

IIRC i dont think there actually is a mr morley.

 

 

Its just a generic name, some DCA arms of baliffs use to scare people.

 

 

You really need to check your credit files and trust online though.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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This letter has come from Everlasting boilers NOT a debt collection agency

 

theres 100% was no CCJ as they pulled out when i put my defence in as they knew they would lose the case

but now they seem to be chasing me for it in otherways

 

had they have carried out the work to the promised contracted manner in the first place there would have been none of this

 

i would summise that they are now trying dirty tactics to try and get some payment out of me

 

I really wished that they had gone to court and not pulled out as that would have been an end to it

 

there is a Telephone number (Mobile) for this Nicholas Morley but that is it

 

who do i report them to

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Thread moved to the appropriate forum.

 

Andy


We could do with some help from you.

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who do i report them to

 

Nobody...check if there is a CCJ...if not file it.

 

Andy


We could do with some help from you.

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so if i understand corrctly

as there has been no CCJ i should just ignore them as they have no legal right to have a High court enforcment officer on the job and they are just trying scare tactics?

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Nothing to enforce......


We could do with some help from you.

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This company is beyond a Joke now

 

Ive had a letter thru this morning telling me that they are coming to remove my boiler in the next 48 Hours!!

 

They have Dicontinued the court case when they saw my Defence knowing that they couldnt win

Now it appears that they are trying to act above the law with threats that are not enforcable

 

Any further advice would be appreciated on My next move

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Can you type out the exact wording of the letter...(verbatim) leerob ?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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There you go Andy

 

Many thanks

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But nothing about removal:madgrin:...they cant remove it if they cant get access...and they can only get access with a court order...which they dont have.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Yup, words should have their common meaning, and removal isn't "maintenance, repairs or remedial work".

 

Additionally, by expressing that list, they have excluded removal by not specifically stating it.

 

" Expressio unius est exclusio alterius ("the express mention of one thing excludes all others")

 

If Mr Morley (or his representative) attends, I'd ask them "are you acting as an officer of the court?".

 

If the police attend : it is ever more important to establish under what authority (if any) Mr Morley or their agent is acting.

 

As for the company owning the boiler "it's ownership is in dispute. This is a civil matter. The company started a civil court case and discontinued it. It isn't theft as there is no dishonest intent : I'm honestly happy for a court to decide the matter, and it's a shame the company discontinued the case as I'm happy a court would rule in my favour"

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