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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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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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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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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 :)


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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.


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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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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


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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


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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..

 

 

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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


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who do i report them to

 

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

 

Andy


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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......


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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


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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.

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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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