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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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make them produce docs proving it is

ie the agreement signed by her that says in its ORIGINAL T&C's from the time of signing that says this debt is enforceable under united kingdom courts or such.

 

bet it doesn't salah

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... 

 

 

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look up why the UAE banks use companies like this to chase their debts and you will soon see that the UAE are fed up with the international community because no-one will enforce their debts for them.

 

This is because the terms clash with all of europe's consumer law and so on so the chances of your debt being enforceable is very slim.

 

The Govt out there is trying to change how the banks work but they still cant get their businesses to get their heads around things like privacy law so no european court will show an interest as yet.

 

Your lawyer might well be spending rather more time (for this read YOUR MONEY) on this than they need to when a straightforward sod off would suffice.

 

On speaking to our solicitor he feels that this isn’t enforceable but is not straight forward, could really do with advice from anyone who’s has been through this as I too am sure this isn’t enforceable but can’t find anyone who knows this law to argue the fact as of yet
Edited by dx100uk
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  • 3 weeks later...

So the latest is this.

 

It seems that this all boils down to whether the UAE statute law is enforceable in a UK court of law,

 

whilst there is no reciprocal agreement there is whats called a memorandum of guidance which is designed to help the UAE in these matters.

 

As of yet it has not been tested in a court of law and the problem we have is that this seems to be uncharted waters and seems like it would depend on the Judge. Thoughts please guys

Edited by dx100uk
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think post 28 sums things up nicely..

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... 

 

 

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Can’t seem to open the link you sent (forbidden?)

 

Links to PDFs never open

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Can’t seem to open the link you sent (forbidden?)

 

Googled this:- 'memorandum of guidance uae law'

 

Indeed - pretty much sums it up -

 

First statement of the 'Memorandum of Guidance':

 

“This memorandum has no binding legal effect. It does not constitute a treaty or legislation, is not binding on the judges of either party and does not supersede any existing laws, judicial decisions or court rules. It is not intended to be exhaustive and is not intended to create or alter any existing legal rights or relations.”

 

think post 28 sums things up nicely..

Well said - pretty much sums it up in a nutshell

Edited by dx100uk
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as already said, the UAE banks and Govt dont do what is required to get a gold star from the British and EU legal and banking system so they cant sue in these courts. The UAE complain about this but until they force their banks to behave in a particular way, esp where debt collection and data protections apply, they wont get anywhere.

 

 

 

So the latest is this.

 

It seems that this all boils down to whether the UAE statute law is enforceable in a UK court of law,

 

whilst there is no reciprocal agreement there is whats called a memorandum of guidance which is designed to help the UAE in these matters.

 

As of yet it has not been tested in a court of law and the problem we have is that this seems to be uncharted waters and seems like it would depend on the Judge. Thoughts please guys

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  • 1 month later...

Mo how was yours served?

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... 

 

 

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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... 

 

 

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Share on other sites
  • 2 months later...

A guy came to the home address and caught my partner unawares and served it on her

 

Guys sorry ive been away for quite a while, a member of my family is very ill.

 

The latest is this, our second court hearing was adjourned,

saying we need to get a UAE law expert in to help decide if the UAE law is enforceable for this debt in this country.

 

From what ive read and researched this doesnt seem the case

but they are now trying to pressure us into making a settlement payment including a contribution to their costs !!!.

 

We dont have the money to pay for a law expert or the settlement

im wondering whether to just see where they take it ?

 

Your thoughts would be appreciated

Edited by dx100uk
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did they ever couch up proof of the debt anyway?

i'd let things run.

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... 

 

 

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Would a UK law expert not be better as a UAE law expert couldnt say if this was enforced in the UK? They only know UAE law? Not UK law (not sure I’m making sense) but this makes no sense really? It’s only a foreign judgement that UK law could enforce?

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better to keep to your own thread SP.

 

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... 

 

 

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Share on other sites

law not extra-territorial but if you dotn fight SD then the scheming lawyers can win by default as they can in any other civil claim.

It is not the judges job to determine what is fair, courts replace trial by combat so if you turn up at a sword fight without a sword you may well be correct but you wont win.

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  • 1 month later...

best to start a new thread versus

you don't see any outcomes as things go nowhere.

 

CWD are sending lots of these threat-o-grams out as they need to fleece mugs to pay for free staff holidays ..its booking season

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... 

 

 

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