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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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 in court 22nd May! CEAL/DEL - help! **Discontinued **


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Just a word moving forward, avoid talking to these people on the phone.

As with anywhere, unless you are recording the call, nothing said on the phone can be enforced.

 

When is the court date again?

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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Documents amended and re added

 

Just a word moving forward, avoid talking to these people on the phone.

As with anywhere, unless you are recording the call, nothing said on the phone can be enforced.

 

When is the court date again?

 

Friday 22nd May

 

My court date looms Attached is more information and any further advice would be gratefully received

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cant see any

can you upload

then here please

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Certainly Mr M Schwartzs exists, but, who's this Mr M Shwarts fella who's "signed" the OP's county court claim?

 

 

The fact that a solicitor doesn't know how to spell his own name, can only lead one to the conclusion that this is a template document, probably with a scanned and electronically reproduced signature as well, that therefore CANNOT have cost the £50 "Solicitors Costs" to reproduce.

 

This case has got attempted fraud (by the claimant) written all over it!

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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HANG ON A MINUTE!!!

 

My being a bit of a cynical and suspicious old git whistle.gif I've been doing a bit of digging.

 

 

This is an extract from a CEL/DEAL court claim form "signed" by Mr M Shwartz (who we can probably accept is actually Mr M Schwartz (who is obviously dyslexic))

 

shwarts.jpg

 

Now this is the signature of Mr M Shwarts/Schwartz from the OP's claim form.

 

shwartz.jpg

 

 

And now, overlaying the two.

 

shwarts1.jpg

 

 

Now, I'm no graphologist but.... I could train a chimp to tell you that those two forms were signed by different people!

 

 

What was that about the claimant packing a toothbrush? Anyone for Perjury? lol.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I have signed claim form , and its different from all of them.

 

Would you be able to scan in and post the "solicitors" signature part. The judge will find this very interesting indeed I'm sure.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Here's another one.

 

1%2Bsethi.jpg

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Practice direction (Civil Procedure Rules) 22 3.1 (my emphasis)

 

Who may sign the statement of truth

 

3.1 In a statement of case, a response or an application notice, the statement of truth must be signed by:

 

(2) the legal representative

 

3.7 Where a party is legally represented, the legal representative may sign the statement of truth on his behalf. The statement signed by the legal representative will refer to the client’s belief, not his own. In signing he must state the capacity in which he signs and the name of his firm where appropriate.

 

3.8 Where a legal representative has signed a statement of truth, his signature will be taken by the court as his statement:

(1) that the client on whose behalf he has signed had authorised him to do so,

(2) that before signing he had explained to the client that in signing the statement of truth he would be confirming the client’s belief that the facts stated in the document were true, and

(3) that before signing he had informed the client of the possible consequences to the client if it should subsequently appear that the client did not have an honest belief in the truth of those facts (see rule 32.14).

 

3.9 The individual who signs a statement of truth must print his full name clearly beneath his signature.

 

3.10 A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer.

 

Penalty

 

5 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth, and to the procedures set out in rule 81.18 and paragraphs 5.1 to 5.7 of Practice Direction 81 – Applications and proceedings in relation to contempt of court.

 

CPR 32.14

 

False statements

32.14

(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

COMMITTAL FOR MAKING A FALSE STATEMENT OF TRUTH (RULE 32.14)

 

(5) Where the committal application relates to both –

(a) a false statement of truth or disclosure statement; and

(b) other interference with the due administration of justice,

 

Section 3 (Committal for interference with the due administration of justice) applies, but subject to paragraph (6).

 

(6) To the extent that a committal application referred to in paragraph (5) relates to a false statement of truth or disclosure statement, the court may direct that the matter be referred to the Attorney General with a request that the Attorney General consider whether to bring proceedings for contempt of court.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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So who is signing these statements.

 

The million dollar question.

 

Comparing the signatures, the one thing that we can say with some degree of certainty is that they aren't all signed by the same person, even though they are claiming to be one and the same.

 

 

My money is on Ashley Cohen being one of the Shwartz/Schwartz's though thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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all you need to do is point out that Shwartz is NOT a practising solicitor and so is not entitled to sign the forms.

This point has been made at many courts but quote case No A84YP582 at Eastbourne County Court

where the judge made it abundantly clear that a claim signed in that way meant nothing

and no solicitors costs will ever be paid on the back of it.

 

Dragonfly, copies of the sigs were sent to a handwriting expert and the opinion forwarded to the boys in blue and the SRA.

I havent heard any more about it though but each of the authorites-police SRA and Companies House

say that they are limited in what their powers are.

 

 

Undoubtedly the bandits know this and are busy shovelling the money elsewhere

whilst the authorities sit there with their thumbs up their alimentary canals.

 

Just make sure you turn up in court and you will win.

 

 

Dont forget to ask for your loss of earnings and travel costs.

 

 

You will receive a cheque from DEAL signed by Ashley Cohen

and the bank branch that the cheque comes from is the same one in St Albans Creative Parking banks at.

 

 

Piccolo mondo as they say in Italian jails.

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Thanks to everyone who has given me advice - most appreciated.

 

I cant tell you how much this has stressed me out.

Came home today to find there is a registered letter waiting for me at the post office - could this be my cancellation of court hearing tomorrow I wonder? I will know when I pick it up in the morning.

 

I am still set to go but stil wonder if I wouldnt have been better off paying.

 

This has been a minefield and I still dont know if I will step on a shell

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If the case has been discontinued you will be told by the court in writing.

 

Take with you some notes form the information on here. Keep it simple and in bullet form.

 

And remember

 

In the unlikely event you lose the worst case scenario is that you can pay within 14 days and still not have a ccj.

 

The world will not end :) However you SHOULD win tomorrow

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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usually its the claimant that tells you its been disc'd

and you check with the court after a couple of days its true

 

 

however in your case you should go regardless to the letter

never ever trust a claimant this close to a case

 

 

CCJ payment is 28days before it gets registered.

 

 

there appears to be numerous cel/del case in the pipe line like yous

 

 

all issued at about the same time.

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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