Jump to content

  • Tweets

  • Posts

    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
    • I wouldn't bother with emailing Virgin's CEO.   In April I started a complaint about my BB connection which they repaired quickly but charged me to repair.   I was mostly ignored or promised resolution that never happened. So I complained by email to the CEO, twice, demanding written responses. On each occasion, a lowly call centre worker called and it was obvious they knew or cared little about my actual case.   Finally I got a written reply confirming the charge was dropped but not a penny offered in compo despite the issue taking months to resolve.   Virgin don't take CEO complaints seriously.
    • Dear All,   BN, BF, HB, - Thank you for your comments.    Yes sorry, i wanted to save some time by doing that as I wanted to carry out the posting ASAP OK, I have redacted the statement and it is attached here in the PDF doc.   Its our 2nd draft and I will fine tune it tonight / tomorow.   Thank you for putting me right.    Warm regards BF   Counterclaim-1.pdf
    • So according to this calculator my refund should be £4562.96 at the 8%.   This is in line with some of the management firms calculator on-line.   I have checked their letter again and they have paid from 1 Jan 1989 - 1 Jan 1994 only. They have refunded all the insurance premiums totalling £469.50 and the interest paid on the premiums to date of £257.90.  Additional interest of £1,436.36 after tax on top of refund as compensation.  Statutory rate of 8% from 1 Apr 1993 and at 15% before that.  They have not provided a breakdown of payments from 15% - 8%.  Only below:   £  469.50 - Refund of PPI premiums paid £  257.90 - Refund of interest charge on the premiums paid £1,795.44 - Statutory compensation -£      0.00 - Less any previous successful claim -£      0.00 - Less any previous refunds made directly as result of this policy -£       0.00 - Less any statutory compensation already paid -£   359.08 - Deduction from any statutory compensation interest for income tax at 20% _________ £2,163.76 - Total refund due   This will be the second time I am returning their calculations.  They made a decision last year and used a wrong date as they could not read the date and made up a date then it went to the back of the queue to be recalculated.  I had already queried the refund amount with them and they have moved the date again from the 22 Jan to 1 Jan!   Are they using a different calculator/principal why the figures are so far apart?  How am I going to show them this calculation without it going to FOS and sitting there for years to be assessed?   Can I also ask how to do the 15% calculation?  Thanks so much.  
    • Hi Burma.   You've been here for a while and I have to say I'm a bit disappointed that you're PMing this to various people off the main thread.   Advice by PM isn't what we advise here and I hope that you can post up your anonymised documents very soon.   HB
  • Our picks

    • 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
      • 49 replies
    • 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.
       
        • Thanks
      • 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!
        • Thanks
        • Like

Attend court for questioning - welcome finance


Please note that this topic has not had any new posts for the last 1712 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

No there is no signed second agreement and further to my post above they have admitted that in there witness statement

 

They basically refinanced the car without my signature which then incurred more costs we have been in dispute with them for years

Link to post
Share on other sites
  • Replies 75
  • Created
  • Last Reply

Top Posters In This Topic

then as post 48

you've never? put them to strict proof to produce it I bet!

for £10 its worth the shot.

 

 

but as I say I don't think this will/can be part of the hearing you have coming up

 

 

legal is not my strong point.

 

 

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... 

 

 

Link to post
Share on other sites

Not strict proof but have asked on numerous occasions has always been our argument

 

What makes my laugh is that we firstly requested a telephone hearing to sort this out

as I was working away and welcome didn't bother to attend and

 

 

when it was adjourned and a court date set

I last minute was called away and could not attend and ended up losing

 

Hate the company

have had nothing but stress and grief over this

just so annoyed that it has come to this

and the last thing I want is to have to pay them any money

but when you get a judgement the last thing I need is bailiffs

 

Might try to see if I can still appeal probably cost about £150

but as I said earlier I really don't want to go to court for questioning

as it feels like I am agreeing to pay them

and also do not want to disclose my financial position

Link to post
Share on other sites

Hi jj..DX has asked I pop in on you.

 

If you could cast your mind back to November 2015...did you actually receive the Notice of Judgment for the claimant ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Yes we did and phoned the court straight away spoke to a clerk and she asked told us that as they hadn't set a date on the judgement for payment to wait till welcome contacted us

Fast forward to now and we receive a letter to tell us someone attending to issue a court for questioning letter so now not sure if we gone over time limit to appeal

Link to post
Share on other sites

We thought that when welcome contacted us we would then let them know we would be appealing

Naive I know we should of done it straight away but not used to all this legal stuff - learnt a lot now though

Link to post
Share on other sites

Which Notice of Judgment did you get N34?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

There should be a number bottom left...this is important to be able to advise....N24?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Ookay.....the N24 is a blank form of order or judgment

 

In most cases the Court will not decide on the wording of the order and either the winning party or his legal adviser will draft the Judgment or Order. This will be submitted to the Judge, who will review and approve it.

 

So you state that there is no payment arrangement in the wording.....does it not state forthwith?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

No the wording is the defendant do pay the sum of £.... In respect of the claim, the sum of £.... In respect of interest there in from September 2010 to the date hereof at the rate of 4% per annum and the court fees in the sum of £... (In total the sum of £....)

Link to post
Share on other sites

Okay well you should have received a further Notice of Judgment...usually N30 with the payment arrangement...this can be set as monthly or Forthwith.

 

Moving on to the next stage (N39) this is what will be served on you re questioning by a server or court official.

 

You have 2 options....(the claimant/court has messed up here) you can either attend the questioning and wave the N24 in front of the Judge and state you never received the N30 nor ever been told what to pay by either the court or claimant...you can claim expenses for attending that hearing.

 

or you can submit an N245 now (fee is £50) and make offer of payment by submitting the I&E and your monthly offer.

 

Either way you will have to pay...or you can make application to set a side the judgment (N244) fee £155 and defend again...assuming you have valid reason to set a side and defend.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thank you for your advice

 

No nothing else has been received so yes they have messed up

 

We would like to appeal further as feel we do not owe the money they are requesting

 

Have we not gone over the threshold of time to still appeal

 

Also what do we do when this person visits the door with the order for questioning notice

 

Typical welcome finance not doing things the right way!!

 

We have lived in the same property for 15 years and they even sent a judgement to the wrong address a couple of years ago and probably sent many letters to this wrong address too

 

I hope we can still appeal as we have paid a considerable amount to them and where they are asking for nearly £6k by our calculations there is about £500 deficit but that could be offset in different charges

Link to post
Share on other sites
Thank you for your advice

 

No nothing else has been received so yes they have messed up

 

We would like to appeal further as feel we do not owe the money they are requesting Set a side...all ready advised

 

Have we not gone over the threshold of time to still appeal Judgment was Nov 2015 so only 3/4 months old and they have given cause for the delay by not confirming the judgment pmts

 

Also what do we do when this person visits the door with the order for questioning notice Just accept it and look at the date and subject to how you wish to deal with this act on the above already advised

 

Typical welcome finance not doing things the right way!!

 

We have lived in the same property for 15 years and they even sent a judgement to the wrong address a couple of years ago and probably sent many letters to this wrong address too.

Well they know your address otherwise the server wouldn't have found you

 

I hope we can still appeal (set a side) as we have paid a considerable amount to them and where they are asking for nearly £6k by our calculations there is about £500 deficit but that could be offset in different charges

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Do you feel that them not having a signed second agreement is sufficient to appeal - we of course do but they are stating we verbally agreed (to my knowledge do not recall) and therefore have no proof

It is so frustrating and when you are in our position you feel you are so right in appealing but we are so wrapped up in our belief trying to convince someone else is another matter

Link to post
Share on other sites

Has the judge not already accepted...that the new agreement replaced the original ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

verbal agreement means nowt !!

 

 

go get 'em.

 

 

sar time sadly

that will speak volumes when the don't produce the forged 2nd agreement.

I can almost guarantee that was signed by a welcome member of staff

forging your sig.

 

 

if you look in the welcome forum

there are loads of the same tricks by them.

 

 

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... 

 

 

Link to post
Share on other sites

" On their witness statement regarding the second agreement this is what is written

 

A copy of the original agreement has been provided along with statement of accounts for both agreements. The claimant does not hold a copy of the second agreement however the second agreement provided credit to settle the first agreement. The defendant admits the balance owed on the first agreement "

 

But judgment was passed on the first agreement ...the signed one ?

 

Even if you prove you never signed the second...its irrelevant because you defaulted on the signed one?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
Has the judge not already accepted...that the new agreement replaced the original ?

 

Not sure what lies welcome told them at court we do know they said they never received our defence papers in time for the court hearing - wish we had been able to attend was so confident that them not having this second agreement that there would be no problem in winning

Link to post
Share on other sites
" On their witness statement regarding the second agreement this is what is written

 

A copy of the original agreement has been provided along with statement of accounts for both agreements. The claimant does not hold a copy of the second agreement however the second agreement provided credit to settle the first agreement. The defendant admits the balance owed on the first agreement "

 

But judgment was passed on the first agreement ...the signed one ?

 

Even if you prove you never signed the second...its irrelevant because you defaulted on the signed one?

 

Judgement was passed on the total amount owing which because they are saying we signed a second agreement extra fees were added and we submitted to court how much we have paid etc and where they are asking for nearly £6k there is a shortfall of a considerable amount

Link to post
Share on other sites
verbal agreement means nowt !!

 

 

go get 'em.

 

 

sar time sadly

that will speak volumes when the don't produce the forged 2nd agreement.

I can almost guarantee that was signed by a welcome member of staff

forging your sig.

 

 

if you look in the welcome forum

there are loads of the same tricks by them.

 

 

dx

 

As I said before we have all information welcome have on us as they had to supply us a copy of their defence for court which was all data on us

 

Thank you

Link to post
Share on other sites
Andy

 

I'm not 100% sure a set aside application is the correct procedure hear as from what I understand the decision was made at a final hearing and the OP had submitted a Defence etc. I think an appeal is more appropriate?

 

As for the payments, the default position if a payment date/schedule is not in the Order is that the monies and costs are payable within 14 days of the date of the Order pursuant to CPR 40.11 so I really don't think there is any argument that the Order was silent as to how it should be paid.

Link to post
Share on other sites

So it is a forthwith then Gany as I first suspected ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...