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    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • 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
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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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I am so angry at my partner.

 

I have just found out he is being investigated for benefit fraud.

He received a letter asking him to go for an interview under caution regarding his housing benefit, income support and carers allowance.

 

He was on these benefits before moving in with me.

He has ignored the letter and missed the interview.

I am intending on getting him to call tomorrow to talk to them and stop burying his head in the sand.

 

He was down as his mother’s carer.

He lived with a flat mate and had housing benefit and income support also paid.

He started work and cancelled his income support and housing benefit.

He wrongly assumed his carers allowance would be cancelled as a result too.

He never contacted them though and as a result has about a years overpayment now.

 

The carers allowance has always gone into his mother’s account and she always kept it herself.

It was the arrangement they had...he got the income support and she kept the carers allowance.

But because it continued to go into her account he never realised it was still being paid and she never said anything to him about it.

 

Next thing we know he receives this letter.

The letter states it’s also about housing benefit and income support too.

He definitely didn’t receive them in the past year so I can only assume they’re doing a big investigation about everything he’s ever received now.

 

Whats likely to happen to him??

I’m so worried and so angry at him for not phoning to cancel in the first place and being so stupid to just assume all benefits are linked and let each other know about any changes!

 

I’m also so annoyed at his mother as she never said anything this whole year and was receiving money she was not entitled to in his name!

He’s going to be the one facing the consequences but she’s been the one with the money in her account!

 

What happens now?

Will he be prosecuted?

Edited by dx100uk
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If he attends and provides full information, more likely to be a debt amount to be paid and a civil penalty amount.

 

If he does not attend, then it won't go away. I suppose he could face prosecution at some stage.

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He needs to attend as failing to do so will probably result in the case being passed through for prosecution, as he has started work and in theory failed to notify the relevant department and they would have obtained his earnings for the relevant period.

 

If as you say, he has stopped his HB and IS claim and given the reason as started work, he could use the fact he told the DWP i.e. the relevant department that he notified them and that they did not fully act on the information and close down his CA claim at the same time as IS.

 

If he ended the claim as he formed a relationship[, then he is on a slightly sticky wicket as he should have told CA about his income, presuming it is over the income threshold of I think £110 or thereabouts a week and would have to explain any reason why he did not notify them of this.

 

He would/should also have gotten an uprating/yearly award letter in March/April time to show what he was getting.

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Tomtom, yes he most definitely informed housing benefit and income support. He just wrongly assumed income support would let carers allowance know. Yes his earning are above £110 a week. He works in excess of 40 hours at minimum wage. He may of had a letter sent in March/April about the yearly award but this wouldn’t have come to where he lives now as the carers allowance is linked to a previous address.

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In that case he needs to attend an interview and use the fact he told the DWP i.e. Income Support that he had started work and that he expected them to close all his claims with them and/or notify the other sections within the DWP that he had started work, on a once and done type of approach and that as far as he was aware the that was the end of it as he had notified them correctly that he had started work.

 

Hopefully the investigator dealing has already checked with HB and IS for the reasons they ended so should be aware that he had notified them.

 

Should they decide to take it to court via the CPS, it is highly unlikely they would accept the case based on that reasoning.

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Thanks for your input tomtom. I’m hoping this is the case. And the fact that the money is paid into his mother’s account and always has been as he initially had difficulty in opening a bank account will go in his favour as he clearly wasn’t the one receiving the money so had no reason to question payments still being made as he wasn’t even aware.

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