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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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My "obsession" is with your daughter succeeding, and the risk you might mean she didn't recover anything or got less than she was due.

If she has secured recovering her judgement sum : all is well.

 

I'm glad she has got her compensation, and your obsession with Mr Smith and the judge hasn't interfered with that to the extent she got nothing.

Wasn't it £17k+ though?

Where did the extra 4K go?

 

The 13k came from the company / Mrs Smith?

This is what we've been telling you to focus on!

"Judgment coinciding with assets, enforce, sorted"

: glad my advice sunk in eventually.

 

At least now we don't have to try to get you to see sense re: judicial review, equality of arms, and any other legal buzzwords you have tripped over on the internet

 

Your advice and as for it sinking in, had no bearing on the conclusion on of the case, however, if you want to pat yourself on the back and pretend your contribution were of any use, i wont stop you, if that makes you feel important.

 

As for being tripped over the internet, lol, ive giving clear constructive answers and reasons why those "buzzwords" and why a JR, If i could be bothered, could be implemented and proved, the Judge failed to a standard that was owed to my daughter, and because of his failings (negligent actions) and but for me representing my daughter, she would have lost her case and any compensation gained.

 

But of course, in Barrys world, them nice judges would never act in this way and will always act in the interest of justice, whilst being paid by the tax payer who the judge is accountable for, and hence why a JR is an option of establishing judges who fail to show an equality of arms as to benefit one party, and put the other party in a weaker position as was the case in this case.

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Bazza, I'll leave the clinical diagnoses to those qualified to make them.

 

It just saddened me to read that a difference in opinions led to the op becoming derisive and using playground tactics to illustrate his assumed 'win' over the evil that is freely given advice.

 

Opinion and fact, assumption and evidence, maybe's and did happen, work it out or ask someone who is qualified to make them, and to mock as to earn brownie points "clinical diagnoses" in your attempt to justify what you feel, which is irrelevant, says it all.

 

I have thanked those who have giving me clear constructive advice, as for those being objective, for the sake of being objective, they were of no use to me nor my daughter, quite the reverse.

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hence why a JR is an option of establishing judges who fail to show an equality of arms as to benefit one party, and put the other party in a weaker position as was the case in this case.

 

You've had replies (other than by me, too) setting out why JR is inappropriate and just plain inapplicable here. There seems little point in repeating the rationale to someone so irrational in the face of fact and its explanation.

 

Your advice and as for it sinking in, had no bearing on the conclusion on of the case, however, if you want to pat yourself on the back and pretend your contribution were of any use, i wont stop you, if that makes you feel important.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459367-Employment-Tribunal-Hearing/page2

4th Feb, post #27

 

A special mention to BazzaS who has helped me out at the most crucial stage of this litigation, thank you.

 

'nuff said.

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Bazza, I'll leave the clinical diagnoses to those qualified to make them.

 

It just saddened me to read that a difference in opinions led to the op becoming derisive and using playground tactics to illustrate his assumed 'win' over the evil that is freely given advice.

 

 

I agree, think about it and because of this, I am now closing the thread, the OP obviously has his own visions of what advice should be given and I am afraid that is not the way CAG works.

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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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I must also point out that this is not the first post the OP has had closed for his attitude - so I am advising that any future thread started on this subject by this OP will be automatically closed down.

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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  • 10 months later...

I have made application to have a summary judgment set aide and a date and order has been giving.

 

On the same application i also stated that i wanted the case thrown out.

There is no mention of the application to throw the other parties claim out on the judges Order it just referes to an application to set aside summary judgment.

 

Can i still request the claim being thrown out as this has not been indicated on the order????

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It will be very extraordinary for the case to be struck out at this stage.

 

If the application to set-aside successful, then the court will give you 14 days or 28 days – depending partly on what you ask for to file a defence. It will help you if you have filed a draft defence with your application or at least given a bit of an explanation about what your defence might be and why you expect to be successful if your application is granted

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Good Evening,

 

 

Can a defence be relied upon under CPR if it is later established that there was no contract/agreement in place?

In short the defence would be based on a misrepresentation and the Court accepted the defence on the provision that there was nothing to suspect or the otherside withheld the evidence that would show this to the Court are they not basing their defence illegally because to rely on that defence the facts or more importantly the basis of the defence is on the provision that all was in order when in fact this was not the case?

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In short the defence would be based on a misrepresentation and the Court accepted the defence on the provision that there was nothing to suspect or the otherside withheld the evidence that would show this to the Court are they not basing their defence illegally because to rely on that defence the facts or more importantly the basis of the defence is on the provision that all was in order when in fact this was not the case?

 

If that is "in short" ; please spare the long version, unless you can break it down into something intelligible.

 

Your question is :

a) so convolutedly phrased as to make an answer almost impossible even if it was in context, while

b) so devoid of context that even a clearer question might be hard to answer.

 

So, the closest I can get to an answer lies somewhere between:

Definitely! Or

Possibly!! ..... or

Certainly not!

 

Some basic background might help:

Are you the claimant? Defendant?

What was the PofC and the defence?

Which track is this in? (relevant to disclosure)

 

It is also worth noting a member of site team (back then!) commented on thread (as they closed it!)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?459367-Employment-Tribunal-Hearing&p=4881996#post4881996

 

I must also point out that this is not the first post the OP has had closed for his attitude

 

So, I can only hope you aren't trolling for replies pointing out how difficult it is to answer (& why), so that you can start an argument!

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The URL gets "broken".

Options :

a) remove the line break (the "%20") after the 'c' of co.uk, and the space in the last '4881996', or

 

b) hit 'reply with quote' and copy and paste it from there, where it isn't "broken"

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