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    • You were asked for the particulars of claim, which I can’t yet see.    Posting your defence (without the particulars of claim) isn’t that helpful : the aim is to tailor the defence to the PofC, highlighting which areas aren’t in dispute (so the court doesn’t have to waste time on them, and can focus on the key areas), and which areas you can (as a matter of critical importance) show where the claim fails on matters of law.   ideally their PofC would be numbered, and you could go through line by line....   <\example> 1a) It is admitted a loan of £x,000 was granted on <date> 1b) It is denied the loan was made to Person X. The Claimant is mistaken, as in fact, the loan was made to Company Y. 2a) It is admitted in part that payments were made. To clarify, payments ceased on <date>. The claimant’s belief that payments were made after <date> is denied. 2b) Given more than 6 years have elapsed (with no payments nor admission of debt) ... <Staute barred text> (Points 3-7, more “denied”, “accepted”, “accepted in part, with bits denied”, and also “neither accepted nor denied, but claimant is put to strict proof thereof”) it might not be point 7, but you get the gist ..... In the alternate: (again, may not be point 8 but numbered sequentially and logically) 8a) It is admitted a note was signed by Person Z on <date> 8b) This note was not executed as a deed, and no consideration was received in exchange for it, thus no enforceable contract can be formed by it. 8c) Thus the claimant’s action in contract is fatally flawed, and bound to fail in the absence of an enforceable contract. 9) The Claimant's claim to be entitled to payment of £[insert figure from their  POC]  or any other sum, or relief of any kind is denied. <\end example>     The aim is to make it simple enough for a child to follow..... a) it impresses the court, b) it focuses on the key issues at law, and key matters in dispute. (The court can then decide who they believe to formulate what they believe happened, and apply their interpretation of the law to that to reach their decision!)   Both of these are adding to your credibility and making it easier for the court to see the legal basis for your defence, and c) when faced with this the claimant may see sense and withdraw (although, after so long ... I somehow doubt it!)      
    • Thank you I have already started that process the universal credit housing costs won’t even cover half the rent and as you know this process takes a long time.   I am also pretty sure my landlords have a UK mortgage as they used to live in the house we now rent from them if this is the case would they be entitled to the same rights even though they are based over seas now?    
    • Hi, thanks again for your help. I'm a courier; the insurance companies always stuff us.   Thanks again for everyone's help, I'll keep the post updated.
    • This thread is dancing around a bit – and frankly so are you. The question as to whether or not it is worth bringing an action for £40 is completely up to you. You still haven't told us who the business is and I suppose that you are trying to protect them.  Very noble. Bravo You have absolutely the right to recover your £40. If you are dealing with a business then it is the legal responsibility of the business to get the delivery to you. Even if the item has been delivered to the wrong address, it is still up to the business to take responsibility. As I understand it, you have been trying to contact the business and there has been no response. I must say that simply this element of your transaction – the lack of engagement by the seller – the would make me want to hold him to account. If the seller started to engage in a reasonable dialogue with me and also appeared to take some responsibility such as checking up on the courier himself, I might feel less disposed to bring an action for £40 – particularly in the light of the current crisis when I'm quite sure that things will be more difficult and take much longer time. We all know that transactions go wrong and for me the test of a good business is their response when they do go wrong. Simply to fail to contact the customer in response to enquiries or to show any further interest I think is a real abrogation of responsibility. It is not at all consumer-facing and it is businesses with this kind of mentality that need to be brought to book.   However you have a fundamental problem – and it is that you don't know where your proposed defendant is. You don't know his residential address. You don't know his business address. You don't know where his assets are. Without this, your chances of enforcing a judgement are zero – and in fact despite the fact that you have the right to bring the claim, a claim must be directed to a proper postal address and you don't have the information so it will be impossible to issue the claim. You can certainly send your letter of claim by email – but what's the point? You won't be able to follow it up with the claim. If the seller has managed to transact business with you without disclosing any clue as to his whereabouts – and if he also fails to respond to any of your messages, then you are being mocked. You say that you are irritated. Doesn't this irritate your sense of principle even more? This is another reason why you should stop protecting the seller and let us know who it is. You may well find that somebody else will visit this thread and provide some useful information which will help to move you forward. You should also give us the name of the different company which appears on your credit card statement to have been the recipient of the money. This could be another way of tracking him down.
    • So claim Universal Credit, which can include private housing rent up the Local Housing Allowance limit.   Foreign landlords may have mortgage loans through offshore Banking arrangements, so not the same as UK residential mortgage.
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Max_CF

ECO Scheme and 'free boilers'

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Eaga plc that runs Warm Front is giving me a rough ride. They are denying me, heating improvements under the Govt scheme.

 

The boiler is a floor standing Potterton Kingfisher RS50 installed when the flat was built in 1963. The Assessor took a glance at the boiler and told me that it is too old and promised me that the boiler will be replaced. He gave me a glossy brochure about the steps they will take to make improvements such as replacement boiler.

 

The Assessor asked me to sign a Client Declaration. I trusted him and made the mistake of signing it without reading. He told me that I will receive a copy of the letter that they send to my landlord. But the landlord or I heard nothing. Then I noticed that on the back of the form that I was asked to sign, the only ‘assessor recommended improvement’ is compact fluorescent light bulbs.

 

After number of phone calls to Warm Front and long waits, I was told that my landlord is responsible for heating, eventhough no one at Warm Front (including the assessor) has read the tenancy agreement. Their ‘landlord is responsible’ stance is based on the mis-interpretation of something I said. They are also disregarding the fact that I have been paying for annual check-ups and maintenance of the boiler for the last eight years. I was asked for past receipts; though I no longer have them. I offered to send them the tenancy agreement. But was told that it will not be valid any longer, because the landlord and I might now change it to suit.

 

I was also told on the phone that the boiler will be replaced only if does not work and can’t get spares to repair it.

 

Where can I get a copy of the rules and regulations that from the basis of their decisions?

 

Is there an appeal procedure independent of Eaga plc who will hear my case?

 

Any other course of action?

 

Many thanks.

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Hi and welcome, sorry it's taken so long for you to get a reply.

 

I can't actually answer most of your questions, however when I applied for a warm front grant about 3 years ago I was also told that so long as the boiler was still working they would not replace it. They also wouldn't replace radiators (which were all leaking, therefore all turned off) unless they replaced the boiler.

 

Hopefully someone who can help with the rest will be along soon.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Eaga plc that runs Warm Front is giving me a rough ride. They are denying me, heating improvements under the Govt scheme.

 

The boiler is a floor standing Potterton Kingfisher RS50 installed when the flat was built in 1963. The Assessor took a glance at the boiler and told me that it is too old and promised me that the boiler will be replaced.

 

He should not have said that, the boiler needs to be at fault and the part obsolete therefore requires renewed. This is indeed an old boiler, if the exchanger goes your quids in until then Eaga wont touch it.

 

 

He gave me a glossy brochure about the steps they will take to make improvements such as replacement boiler.

 

The Assessor asked me to sign a Client Declaration. I trusted him and made the mistake of signing it without reading. He told me that I will receive a copy of the letter that they send to my landlord. But the landlord or I heard nothing. Then I noticed that on the back of the form that I was asked to sign, the only ‘assessor recommended improvement’ is compact fluorescent light bulbs.

Cant simply renew boilers/systems because they are aged.

After number of phone calls to Warm Front and long waits, I was told that my landlord is responsible for heating, eventhough no one at Warm Front (including the assessor) has read the tenancy agreement. Their ‘landlord is responsible’ stance is based on the mis-interpretation of something I said. They are also disregarding the fact that I have been paying for annual check-ups and maintenance of the boiler for the last eight years. I was asked for past receipts; though I no longer have them. I offered to send them the tenancy agreement. But was told that it will not be valid any longer, because the landlord and I might now change it to suit.

 

Your landlord has a legal obligation to have the gas appliances annually inspected and serviced providing a landlords report each time.

 

I was also told on the phone that the boiler will be replaced only if does not work and can’t get spares to repair it.

Yes

 

Where can I get a copy of the rules and regulations that from the basis of their decisions?

Im sure they will give you this when you request it.

 

Is there an appeal procedure independent of Eaga plc who will hear my case?

First of all you need to check you have cause for complaint and to be quite honest I dont think you do.

 

Any other course of action?

 

If you want a new boiler even though the existing one is working then im afraid you will need to take that up with your landlord.

 

Many thanks.

 

Sorry if its not what you wanted to hear but the reality is the goverment scheme is only available under certain criteria and if it isnt broken then you fall at the first hurdle.

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Make and model of the present gas boiler is Potterton Kingfisher RS50.

 

It is over 30 years old and not working despite attempts to repair

 

Property is a privately owned 2 bedroom purpose built 1st floor flat built in the sixties.

 

Of the four walls, three are external and the fourth one is a party wall.

 

There is no loft or cavity wall insulation.

 

Replies received to online applications made, show that eligibility criteria was met.

 

However, no one would say if the boiler would be free or give an indication of total cost involved, if any.

 

What are your experiences?

 

If not free how much was the 'contribution' asked?

 

Thanks!

Edited by Max_CF

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not sure of 'now'

but mine was the previous boiler rs30/40

 

 

no chance of any internal or external insulation 18" stone walls

 

 

all I had to pay was 2*£175 to the installer

 

 

everything else was paid for by the scheme.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I bet it has to be gas, though... or do they replace oil boilers too?... lots of people can't get gas...TB

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I bet it has to be gas, though... or do they replace oil boilers too?... lots of people can't get gas...TB
Good point!

Best people who would know are

Energy Saving Trust on 0300 123 1234 (9am - 8pm Monday to Friday)

 

The criteria is complex. Answer a few basic questions to check if you qualify.

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all I had to pay was 2*£175 to the installer

everything else was paid for by the scheme.

Lucky You :!:

Dyson Energy Services is asking £1920

and

1greenplace told us on the phone, "We want £1400 as estimated contribution from you" to "proceed with the application".

Final figure will be known only before installation.

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