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    • Dear All,   BN - Thank you for your comments.    My wife had prepared the relevant notice to the court and rather than spending time redacting I am sending it as PM to the contributors to this thread. It covers everything we have been discussing and is in line with  your comments and our discussions.   For the benefit of readers oif CAG I will redact and post it later as we have pressing family medical matters to attend to.    Warm regards BF  
    • Maybe have a third chamber, The Peoples' House 😃
    • Thanks for the images. It's shocking. This more than ever reinforces my view that you should take this to court. The number of people they must be fobbing off with this three months story is incredible – and they need pulling into line. If you simply complain to the CEO then they may sort out your problems – but the rest of it will go on as usual. They need something very serious here. In fact, I would think about suing them for £200 because I think that once they realise about the mistake they are making, they will be extremely anxious not to go to court. On the basis of this, I'm afraid I don't think I would even alert the CEO. I would send a letter of claim which will probably simply be seen by drones – and then issue the papers. I think you have an easy win on this case. Also, once they realise that they are dealing with a court case, they will look at the whole situation more carefully and they will probably sort out all of the problems at the same time. If they don't, then these two have laid down your marker and they will know that you're not mucking around and they will take you seriously.
    • These are the two incidents from Virgin Chat where their Live chat has informed me of the 'only 3 months' decision.... 15 April was the date they acknowledged receipt of my SAR. Apparently anything from before that date can't be included!
    • You could try both routes at the same time. Send your letter of claim by email to the CEO email address. Confirmed by letter. That way you have communicated with the CEO – but given a very definite deadline and a very definite promise as to what will happen if they don't comply. Then on day 15 sent the claim. Don't make a threat of legal action if you don't intend to carry it out. Don't bluff – but it is very easy to do
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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.
       
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      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • 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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Hoist/Cohen - Claimform old Cahoot flexi loan from 2001***Claim Discontinued***


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look back at post #154

eg 5.5 etc

what i was thinking was that following a discontinuance, the other party is entitled to their standard costs as of right under the cpr i mentioned.

if that wasnt granted/ordered/or paid voluntarily, then an application could have been made under that cpr. it may then have been ordered as of right without a hearing if the LiP costs were seen as ok. though it cld still end up in a hearing.

but, you tried to negotiate costs, and they only offered 80? ie, it cld be argued that they have been unreasonable etc, so the current app'n may not be in vain, albeit being technically different.

 

All interesting points. My feelings are I would probably have a greater chance of success against the claimant (maybe a direct judgement), as I have to prove "unreasonable behaviour" against the solicitor, in order to get the wasted costs. In my case the solicitor, never disclosed, and repeatedly missed deadlines. Furthermore, they tried to make me sign a consent order, which wouldn't be ratified by the court as I was a LIP.

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All interesting points. My feelings are I would probably have a greater chance of success against the claimant (maybe a direct judgement), as I have to prove "unreasonable behaviour" against the solicitor, in order to get the wasted costs. In my case the solicitor, never disclosed, and repeatedly missed deadlines. Furthermore, they tried to make me sign a consent order, which wouldn't be ratified by the court as I was a LIP.

ok, i see what you mean re their non compliance etc, further cause to be mentioned.

was just my thoughts. :) and prob wld have tried the 'as of right' route first. though that could be mentioned at your hearing as well.

an LiP can sign a consent/tom order. not sure what you mean there.

IMO

:-):rant:

 

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ok, i see what you mean re their non compliance etc, further cause to be mentioned.

was just my thoughts. :) and prob wld have tried the 'as of right' route first. though that could be mentioned at your hearing as well.

an LiP can sign a consent/tom order. not sure what you mean there.

 

I might write to the judge in this case, and see if the "as of right" route would trigger a hearing too.

 

Lip (consent order), i read CPR 40.6

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I have zero useful to add, but just want to say, good luck billyrayvalentine, I'm in exactly the same boat with cahoot loan/hoist/Cohen, and this thread has given me a great deal of information and is great to see you taking a firm approach to the spurious claim they raised against you 👍🏼

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I have zero useful to add, but just want to say, good luck billyrayvalentine, I'm in exactly the same boat with cahoot loan/hoist/Cohen, and this thread has given me a great deal of information and is great to see you taking a firm approach to the spurious claim they raised against you 👍🏼

 

Good luck mao. My advice would be always hit the deadlines, and assume it will go to court.

My feeling is they want you to fail on a procedural issue so they can get the court to legitimize unenforceable debt.

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I might write to the judge in this case, and see if the "as of right" route would trigger a hearing too.

 

Lip (consent order), i read CPR 40.6

 

That is with regards to certain types of consent order Billy which need approval by the court rather than by a Court Officer

 

Administrative consent orders

 

Certain consent orders can be entered by a purely administrative process without the need for obtaining the approval of a judge. This is provided for by the Civil Procedure Rules, in particular rule 40.6. However, the process cannot be used if one of the parties is a litigant in person (rule 40.6(2)(b)). The categories of orders which are covered by those provisions include:

 

Judgment orders for the payment of money;

 

Judgment orders for the delivery up of goods (other than specific delivery);

 

Orders setting aside default judgments;

 

Orders to dismiss part or the whole of the proceedings;

 

Orders for stays on agreed terms which dispose of proceedings, including Tomlin orders;

 

Orders for discharge of liability of any party; and

 

Orders for the payment, waiver or assessment of cost.

 

The order itself has to be drawn up in all of the agreed terms and bear the words ‘By Consent.’ Further, it is necessary to be signed by solicitor or counsel for each party. In cases where terms are annexed in a schedule, provisions regarding the payment of money out of court should be contained in the body of the order rather than in the schedule.

 

Consent orders approved by the court

 

Most situations where an order includes provision going beyond the type of orders listed above, or if one of the parties is a litigant in person, in order for the consent order to be effective, it will need to be approved by the court. Often, the orders are considered before a District Judge or a Master.

 

The order is to be drawn up in the same manner as in the case of administrative consent orders.

 

The court on considering the order is not bound to accept it but retains ultimate control. However, the judge will always take into account the terms agreed between the parties in whatever order he decides to make.

 

In cases where the court’s approval must be sought, either one of the parties may make the application for approval. The application may subsequently be considered on a hearing or dealt with without the conduct of such.

 

http://www.inbrief.co.uk/civil-court/consent-orders-in-civil-litigation.htm

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I might write to the judge in this case, and see if the "as of right" route would trigger a hearing too.

 

yours was fast track,

so 38.6/44.9 cpr wld apply.

 

 

44.9 = if 38.6 right arises,

'a costs order will be deemed to have been made on the standard basis' in favour of the def where a claimant discontinues.

so, it shldnt 'trigger' a hearing as such.

 

 

but, if they refused to pay such costs as is or costs werent agreed upon negotiation,

then, i suppose, as a last resort it cld end up in a hearing upon application pursuant to that cpr to assess the costs and then a formal order made. which shld go in favour so long as the costs claimed are reasonable etc. see also the cpr re costs assessment.

 

as has been pointed out on thread, the 'wasted costs' is re the legals, 38.6 is re the claimant. as J asked, whether or not costs had been recovered from the claimant is a relevant point i guess.

 

i really dont know whether your application will be successful or not (am not too familiar with yr thread etc). it seems that it could be if the claimant has refused to pay reasonable costs as required, and last resort is via the sols (as seems to be the hint re that J's question?), plus you have the sols lateness etc you mentioned...

IMO

:-):rant:

 

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  • 1 month later...

***Update*** Costs awarded over £700

 

Before my costs hearing was scheduled, I got a letter for Cohen, and the gist of it was they wanted to settle out of court for my costs. A bit of letter tennis, and I got a cheque for just over £700, which i banked, so no court appearance at all (which is good as i'm overseas at the moment).

 

This wouldn't have been possible without applying to the court, as they kept low-balling me.

 

So all in all a good result, and an end to this admin nightmare.

 

Thanks to everyone who helped me on this thread.

 

Billy

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Excellent ..well done Billy.

 

Perhaps consider making a donation so we can continue to help others.

 

Regards

 

Andy

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