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    • Don't bother with what Trading Standards tell you about this - we've had far more experience in dealing with gym m/ships over the years.   1. Have you cancelled the DD mandate - if so, when ?   2. When did you last use the gym, approximately.
    • I sent them their quote which outlined the 8-10 weeks start to finish.  Their response is also below.  I placed the order 1st Sept and would have been ok with a couple of weeks here or there as I know delays can be experienced due to others in the chain/weather etc but Feb was too much. I hadn't thought to contact the council re the Building Regs, will do that tomorrow.  At this stage I've only paid the deposit on credit card but it's £2k. The next payments are in stages and they will not accept cards.  Their advice re delays on 29/9 was in response to me asking if we had an install date.  The same day they were advertising for fitters. Their refusal to get their director to call me or make an appointment is making me nervous of continuing.  I woke this morning thinking I would go ahead as we hit it off when he came round but if his administrator has enough clout to stop me talking to him she must be a member of the family as well.     "We did advise a 8 – 10 week installation process from survey which was on the 07/09/2020 so working on this lead time your installation date is due on the week commencing 16/11/2020.   We then advised on 29/09/2020 there is unfortunate delays and I gave you a worst case scenario date as depending on the delivery times this could well be brought forward but we also have to consider we have a 2 week festive holidays.   You still have not been able to provide me with written confirmation that Collin, Davina or Lisa have stated this installation will happen before Christmas. So the delay is unfortunately 8 weeks with the potential of being sooner than this, I just can’t give you an exact installation date hence why I gave a worst case scenario."
    • Quick update -  Good news is that I have been told the car is complete and ready for pickup.  It ran a bit over so we agreed the swap is now tomorrow as I would never make it there before closing time with rush-hour traffic.   Bad news is I have potentially now found out the gearbox and brake fluid service has not been carried out.  We went through this yesterday, got a printout too suggesting it has been done but having just looked more into it, it didnt look right with 2 things standing out. For example:  Part Number: G060175A2, Description : Gear Oil, Qty: 1  This just kept standing out to me given my own Audi had 7 litres of it and they sell them in 1L bottles.   Looked up the part number and sure enough, its not gear oil but Haldex oil (part of the Quatro system).   Other thing that stood out was no filter on the sheet which is part of the service.     Have just dropped them an email so lets see what comes out of it but again sheet I have which is a PDI Requirements sheet (pre-delivery inspection) states:   Carried out MPC & oil service Haldex Reqs gear oil service Brake fluid change   I'm trying to remain calm
    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. 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.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, 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   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as 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 82 A of the Consumer Credit Act 1974     11. 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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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
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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.
       
      • 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!
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Figures from the Insolvency Service show 90,930 personal insolvencies were recorded across England and Wales, rising 13.1% from 2015.

 

It is the first time since 2010 that the number of people entering insolvency has increased year-on-year.

 

 

 

 

 

http://www.expressandstar.com/business/uk-money/2017/01/27/figures-show-steep-rise-in-recorded-personal-insolvencies/

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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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.

 

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Mark Sands, a personal insolvency partner at RSM, said: "In 2015 we saw the lowest levels of personal insolvency in over a decade, but the latest figures for 2016 show that the tide has now turned.

 

"Despite record low interest rates and high employment levels during the year, many more people found that they could no longer keep on top of their debts."

 

Recent Bank of England figures have shown strong rises in consumer credit, prompting concerns from charities that people could be at risk of over-stretching their borrowing.

 

 

 

Read more at http://www.expressandstar.com/business/uk-money/2017/01/27/figures-show-steep-rise-in-recorded-personal-insolvencies/#zXLG05Xl3YhbT0mf.99

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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It is current government policy to see an increase in personal/household debt. George Osborne when he was chancellor factored in a large increase in debts and banks were encouraged to loan more money. Philip Hammond has continued this policy. This is why the UK is doing better than other economies. Consumer spending on credit proping up retail sector. Credit card debts are at record high.

 

If there is another financial shock, UK banks will be in trouble again and will need another bail out.

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It is current government policy to see an increase in personal/household debt. George Osborne when he was chancellor factored in a large increase in debts and banks were encouraged to loan more money. Philip Hammond has continued this policy. This is why the UK is doing better than other economies. Consumer spending on credit proping up retail sector. Credit card debts are at record high.

 

If there is another financial shock, UK banks will be in trouble again and will need another bail out.

 

 

I think consumers are daft to keep spending whilst there is so much uncertainty for the economy. Councils are almost certainly going to increase Council Tax - we are not sure if employment is going to be secure. It will only need for the BoE to increase interest rates and a lot more people will be in trouble.

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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  • 2 weeks later...
Are there any figures for Scotland ? re insolvencies.

 

Works slightly different in Scotland Tom

 

https://www.thegazette.co.uk/insolvency/content/172

 

http://www.scotlandstowns.org/scottish_towns_power_big_improvement_in_personal_insolvencies

We could do with some help from you.

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It is current government policy to see an increase in personal/household debt. George Osborne when he was chancellor factored in a large increase in debts and banks were encouraged to loan more money. Philip Hammond has continued this policy. This is why the UK is doing better than other economies. Consumer spending on credit proping up retail sector. Credit card debts are at record high.

 

If there is another financial shock, UK banks will be in trouble again and will need another bail out.

 

To save bank "bail outs" and save taxpayers money there has been devised "bail ins". There has been a law passed both sides of the Atlantic where if banks get into trouble they can bail themselves out using depositors funds. When people put their money into the banks it gets put on a loan ledger where the bank has "borrowed" your money so when in trouble you become a creditor just like in a bankruptcy and the "loan" (your cash) would not be paid back.

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Interesting, thanks for that, I had missed it :) A quick search " uk bank bail in law " produced this,

 

 

http://truepublica.org.uk/united-kingdom/grand-theft-auto-uk-eu-bank-depositor-bail-regime-implemented/

 

 

One bit jumped out, " This is an admission by the British government that the £85,000 deposit guarantee scheme is flawed and that the British depositors protection promise is simply a sound bite and not financially supported. "

 

 

Time to go back to a cash society ?

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Interesting, thanks for that, I had missed it :) A quick search " uk bank bail in law " produced this,

 

 

http://truepublica.org.uk/united-kingdom/grand-theft-auto-uk-eu-bank-depositor-bail-regime-implemented/

 

 

One bit jumped out, " This is an admission by the British government that the £85,000 deposit guarantee scheme is flawed and that the British depositors protection promise is simply a sound bite and not financially supported. "

 

 

Time to go back to a cash society ?

 

Talking about cash, try "abolition of cash" on Google. Money Week "The Indian government has removed from currency 1000 and 500 Rupee notes and put a limit on ATMs of 2000 Rupees

 

Chase Manhatten, in half of their branches they neither accept or pay out cash and car loans, credit card bills and mortgages cannot be paid in cash,

 

David Cameron has told Police that if anyone is carrying over £1000 they demand to know where the cash has come from and if it cannot be verified they will confiscate it (Professional Builder)

 

Bank Of England hasn't printed any £50 since 2015

 

In France and Spain it is illegal to pay a bill in cash over 1000 Euro's or there is a fine of 25% and 40% (respectively) of the value of the bill. (Guardian of Telegraph)

 

I have had a letter from Barclay's that if I owe the HMRC or any other authority then they can demand Barclays take it from the account. What I do owe the HMRC and what they think I owe are two different things! People really do need to take notice of what is going on.

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and the call us 'conspiracy theorists' ?

 

 

thanks for the heads up about HMRC, I am not with barclays, but........ working tax credit are after me, because concentrix put a 'note' on my file, to say I was living with someone ? I'm not - they just made it up ! is that criminal fraud?

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and the call us 'conspiracy theorists' ?

 

 

thanks for the heads up about HMRC, I am not with barclays, but........ working tax credit are after me, because concentrix put a 'note' on my file, to say I was living with someone ? I'm not - they just made it up ! is that criminal fraud?

 

I know there has been a lot of trouble with Concentrix. My daughter had a demand back for tax credits and she got out of it, never paid it back. I think there was a rule about if it was their mistake it made a difference but I don't know exactly what it was.

 

I make it a rule not to deal with third parties nor pass their "security" as I have no contract with them (contract law). beyond that I don't know the answer. In a dispute I always ask for full accounting and terms and conditions, what laws are they using. Do everything in writing. I sign everything "without prejudice" and write that partially overlapping the signature. That means you can't be held liable for anything said if they don't fully disclose everything. Put the onus of proof on them. HMRC books are in such a mess they don't know what they are doing and they find it difficult when you don't speak to third parties.

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