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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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ahh oppps these are not mcol are they..forget that

no password on the claimform.

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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On the [paper form there is a box for your defence. That would be it as a skeleton, you can add all of the detail when you have to exchange documents. CEL and DEAL dont exchange documents. they will fail to produce any evidence that can be challenged because they dont want to do court and then get done for purjury

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Sorry I thought you meant on the other form ericsbrother, yes I will add that as well I will remove the bit about the solicitor, its the real one.

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M Schwartz and he is a real solicitor,

 

How do you know he's a real solicitor?

 

I can't find any record of him on the SRA register?

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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How do you know he's a real solicitor?

 

I can't find any record of him on the SRA register?

 

http://solicitors.lawsociety.org.uk/person/54210/michael-david-schwartz

 

Although, one would question why a family, probate & criminal lawyer is bothering with PPC work.

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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Take notice of what I said, he is not a PRACTISING solicitor and therefore cannot sign off claim forms as such.

DEAL and CEL know this, that is why I say it is fraud.

 

 

I have sat in front of two judges on this matter and they are quite aware of what's going on so stop navel gazing and just put it on your defence.

 

You will get more threatening paperwork claiming hundreds more in costs but ignore,

they wont go into their evidence bundle because they know it is crooked.

 

 

.About 2 days before your hearing (if it gets that far) you will undoubtedly get a phone call from "Sarah"

who will offer to settle for a reduced sum of around £130

but the real reason for this is they dont want to go in front of a judge and possibly have to stay behind for a couple of weeks

. If they dont discontinue they just wont turn up.

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ok EB, now I can see what you're saying. thumbup.gif

 

But I'm still confused. This was a reply from the SRA in January of this year. (my bold)

 

Please accept my apologies for the delay in providing a substantive update to your previous emails.

 

I can confirm that enquiries were ongoing to establish whether the “M. SHWARTS” noted on the court application documents is a solicitor or not as there are several qualified solicitors of the name ‘M Schwartz’ (and other slight variations of spelling) that could be employed or instructed by Debt Enforcement & Action Ltd. In the first instance the enquiries were to establish if the spelling on the claim forms is the correct spelling of the solicitor’s name or whether it is a misspelling that has been repeated by the use of a template document.

 

These enquiries were crucial as I need to establish whether this matter should be dealt with under the Solicitors Code of Conduct (if the individual is a solicitor) or whether the matter should be treated as a criminal investigation under Solicitors Act 1974 ss. 20-21 and s.24 or s.14 Legal Services Act 2007.

 

I can now confirm that I received a response from Civil Enforcement Ltd, the parent company of Debt Enforcement & Action Ltd, a short time ago today which confirmed that the solicitor in question is Michael SCHWARTZ, SRA id 118966. I can confirm that this person is a solicitor currently on the Roll of Solicitors of England & Wales and does hold a current Practising Certificate. Furthermore Civil Enforcement Ltd has informed me that they have written to the Court informing them that there was a spelling error on the claims documents issued by referring to the solicitor as “SHWARTS”.

 

As such I will be today referring the reports that the SRA has received regarding these issued claim forms to the Supervision team of the SRA to consider any breaches of the SRA Code of Conduct.

 

I hope that you find this update informative.

 

Your sincerely

 

 

Heather Gelder

Head of Intelligence

Fraud and Confidential Intelligence Bureau

Solicitors Regulation Authority

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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He is NOT a PRACTISING solicitor and therefore CEL cant claim money for his work. there are a number of dead people on the SRA roll because they paid up for the year so they are entitled to still be there but they cant actually do much business.

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As for the defence,

 

 

point 1 rephrase as the company did not comply with the Protection of Freedoms Act 2012 so there is no keeper liability.

 

 

scrub 4 5 and 6 as they are things that you have to demand from DEAL or CEL, according to which one is suing you.

 

 

Scrub point 7 and replace it with " the claim does not represent a schedule of loss nor genuine pre-estimate of loss suffered by any brach of conditions in place at the time"

 

Point 8 reword as there is no proof I was the driver -referring to point 1

 

lastly, anyone can issue proceddings so lose that statement and just leave it as mike Swartz is not a practising solicitor so the claim for his expenses are attempted fraud.

 

 

This is borne out in the judgement of the claim A84YP582 heard at Eastbourne County Court on the 2nd March 2015

 

Lastly lose your comments about Northampton County court as all online, bulk and business summonses come from there.

 

In essesnce a 3 line defence saying no contract between CEL and Co-op.,

no locus standi and

no assignment of any debt to DEAL from CoOP and

claim is attempted coercion rather than a genuine claim as it has no merit

and is purely designed to intimidate the defendant into paying up when there is no cause of action.

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That will do, it give them notice that they arent going to profit from this one and I would place bets on a discontinuance with a couple of days to go before the hearing. Keep an eye on the dates as you can get the clim struck off should they fail to pay the allocation fee in time. Beware that they get people to write to you or phone you and try and get you to give in or pay them a lesser amount. I would recommend tellng them to go screw themselves rather than saying anything else at all. The person who rings works for Creative rather than CEL or DEAL so again it shows that they are a bunch of crooks and dont care we know.

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OK thanks for that,

 

 

I received a letter to day have a read,

 

 

I have just had an interesting conversation with the Co - Op regarding this letter.

 

 

Have to say they were very helpful.

 

 

They confirmed the letter was not from them and not signed by their solicitor.

 

 

So one can only presume this is fraud.

 

 

Not only that they have had a number of complaints and their legal team is now looking into these letters.

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Ha ha brilliant!

 

Can't wait to see them on Watchdog tomorrow night, this will be very interesting indeed!

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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OK thanks for that, I received a letter to day have a read, I have just had an interesting conversation with the Co - Op regarding this letter. Have to say they were very helpful. They confirmed the letter was not from them and not signed by their solicitor. So one can only presume this is fraud. Not only that they have had a number of complaints and their legal team is now looking into these letters.

 

If these letters really aren't from the Co-Op, then someone from CEL has been 'Creative' whistle.gif and is going to end up with egg on their face and their knackers nailed to the wall. I can't imagine that the Co-Op are going to sit on their hands over this, especially when one takes into account the stayed cases in Bristol against Co-Op staff.

 

Someone really might need to pack a toothbrush after all clapping.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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that's about the third one of those letters exactly the same posted in threads here

 

 

oh this is looking good.

 

 

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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