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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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Sorry Guys you have all tried to help, I did not get back here till 11.00pm last night after doing my care rounds totally stressed. I was waiting for papers to arrive to defend my case did not receive anything so thought maybe they have dropped it, it is possible?? I defended the claim on MCOL since then not a word has passed.

 

 

Mashmallow

 

You ticked the option to defend all but not actually submitted a defence ?

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Complete point 2 with your CPR and CCA request dates and submit the following ...now

 

Particulars for reference only....

 

1.The claimant claim is for the sum of £774.31 being monies due from the defendant to the claimant under a home shopping agreement regulated by the CCA 1974between the defendant and JD Williams under account ref etc.,

 

2.and assigned to the claimant on 20/12/12 notice of which was given to the defendant.

 

3.The defendant failed to maintain the contratural payment under the terms of the agreement

and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum a daily ra of £0.17 from the date of assignment of the agreement to 20/12/13 being the amount of £62.22ate of £0.17

 

What is the value of the claim? 966.53

 

 

Defence

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1 .Paragraph 1 is noted. I have had an agreement in the past with JDW but do not recognise the account number referred to by the claimant.

 

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

 

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how and when a breach occurred and evidence a Default Notice,

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4.As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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  • 3 weeks later...
Thanks all you guys for being so helpful I just filed a defence online so fingers and whatever else crossed

 

 

Mashmallow

 

 

 

Nothing heard or seen as yet??????

 

 

Mashmallow

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Check the status on MCOL it should state ..defence submitted 5/8

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Andy

 

Yes defence has been received

 

Thanks

 

Mashmallow

 

:wink: So now count 28 days from the 5 /8 and it will be stayed.

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  • 1 month later...

it could mean the case is stayed the other side have failed to follow court procedure at this stage - if they have and they want to continue they would have to apply to the court and pay a fee

 

 

FULL ANSWER

If the stay of proceedings ruling is not an indefinite ruling, the proceedings or trial can be resumed once the conditions imposed by the court are met. A temporary stay of proceedings does not require an end date, although one can be determined with judicial discretion. Although a stay of proceedings is not the same thing as the dismissal of a case, if the conditions imposed by the court are never met, the two rulings have virtually the same outcome for a defendant.

:mad2::-x:jaw::sad:
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The claim will be stayed......thats what you want..you dont want to see or hear anything further:-D

We could do with some help from you.

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