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    • Well if you have DSAR to CIFAs and Hitachi and cant get anywhere then you can either go to the FSO and raise a complaint or CIFAS Consumer Affairs Team as outlined in the link I have provided.
    • Ok, so read BF's post #7 above with a view to drafting a letter to give the installer a final warning that the delays so far are not acceptable and time is now of the essence. Accordingly you require them to commence works within 7 days or you consider them to be in breach of your agreement and will seek a full refund under s.75 CCA 1974.   Post a draft here before sending, by which time I hope BF will have had a look back in on your case.   Do you have any idea of the likely time the installation was to take.
    • When you say bang. What do you mean? Have all the gearbox oil issues been sorted out. I'm on a telephone in a car so it's difficult for me to go through it all and also to refresh my memory  
    • It may be that the "£14.99 until 2021" means they guarantee no price rise for 12 months.   But, from the rest of the website content shown above, I think it's consistent with a rolling monthly agreement.   X4Less usually charge £9.99 for a 12 month agreement and £14.99 for a rolling monthly agreement.   In any event, find a thread with a draft to send to X4Less's Head Office, offering to pay the final month's fee for the notice period; offer valid for 14 days only, etc, etc.   Follow the advice about using a typed letter and free Certificate of Posting.   Letter us know what you've sent, then keep us posted.
    • It goes on and on, TJ. From what I read, they know we know but they don't care. 
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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.
       
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      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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Notice of intended Prosecution


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Just a very quick Question on the 14 day rule, The alleged offence took place on 21/05/19 going through lights as changed to red ? Not going to dispute, was going to just accept a What's driving us scheme work shop, however maybe the 14 day rule applies here, 21/05/19 alleged offence, Notice issue 04/06/19 which is 14 days after alleged offence, received notice today 06/06/19 which now totals 16 days from alleged offence ? Thoughts please, reply accepting scheme or dispute under 14 day rule. Many thanks 

Edited by shywazz

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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AIUI, only the first NIP is subject to any 14 day rule, and that's the one that will go to the Registered Keeper* as held by the DVLA.

 

Are you the Registered Keeper on the V5C document, or is it perhaps a company car or lease car (or somebody else is registered keeper)?

 

Go and check the V5C - don't just assume it's you.

 

*  Note that the Registered Keeper may not necessarily be the owner of the car.

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Are you the Registered Keeper of the vehicle (i.e. do you hold the V5C?). Are all the details on it correct? Have you recently bought the vehicle or changed address?

 

The dates that you quote make it likely that the first NIP (the only one subject to the 14 day rule) went to somebody else who nominated you as the driver. 

 

The comparison with Mr Beckham is not quite appropriate. In his case it was indeed the first NIP that was deemed served late but it went to Bentley Motors (the Registered Keeper) not him.

 

As an aside, it is unlikely that you have seen action taken against you for crossing the stop line as the lights changed to red. Red light cameras only operate if any part of the vehicle crosses the line after the red light comes on. Your NIP should show how long "into the red" it was when you crossed the line. 

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Hi. And thanks for the replies. It's correct that I own the car. And indeed only I drive it. I will not be disputing the offence. This is indeed the 1st notice about this offence. Not been sent to other persons. Since the notice was dated on the 14th day after the offence took place. And 2 days for delivery. Total 16 days does this fall foul of the 14 day dead line rule. If so I will dispute for this reason. Otherwise I will just accept the offer of the driver awareness scheme. To prevent fine and points. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Are you the Registered Keeper on the V5C?  That's what's important regarding the NIP being served in time.

 

As I noted above, being "the owner" does not necessarily mean you are also the Registered Keeper.

 

Is it your name and current address on the V5C as Registered Keeper?  If it is, then you may have a defence to the red light charge because the NIP was not served in time.

 

But you still have to comply with any s.172 request to name the driver.  If you don't this is a separate offence to the red light, and will cause you much more grief.  (That's assuming no time limit applies to the 172 request...I'm not sure).

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Hi. Yes all documentation regarding motor car in my name. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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No, no time limit applies to a S172 request.

 

If you are absolutely certain that:

 

1. You are the Registered Keeper of the vehicle (forget about ownership) and

2. That the V5C shows you as such and that the details are all correct in every detail (get it out and check it) and

3. That the "docref" date on the bottom is a good bit before the date of the alleged offence

 

then you may have a cast iron defence in that the NIP was served late and a prosecution cannot succeed. However, you need to make absolutely certain of all those facts. A good strategy might be to include a letter when you send your S172 response (which, as has been explained, you must do regardless of any issues with the late NIP) asking why the NIP was served "out of time". They may (a) explain the reason, (b) drop the matter out of "embarrassment" or (c) make you an offer of a course or Fixed Penalty.

 

The peril you must be aware of is that if there is a valid reason for the late NIP (which you don't discover) and you take the matter to court the chance of a course or Fixed Penalty will, by then be lost. If convicted you will then be sentenced in accordance with the Sentencing Guidelines and you will face prosecution costs which will be between £250 and £620.

Edited by Man in the middle
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Hi. Yep everything in my name. Had car from new and same address for 10 years.. 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Sorry, I probably seem a bit over-pedantic about this, but a lot of people come a cropper because they thought that they were the RK on the V5C, but don't actually check it.

 

The only document that is important is the V5C.  Does "all documentation" and "everything" include the V5C?  Have you got the V5C and have you checked it to make sure?  (It's just that you haven't actually confirmed this unequivocally.  Without knowing, it's impossible to say if you may have a viable defence.  eg when people change address they often think they've notified DVLA by getting their driving licence changed, but forget to change the V5C as well. )

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Hi. Yes V5C is in my name. Cheers 

!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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Well, if you own the car and if you are recorded as Registered Keeper on the V5C (and your address is correct) and the NIP is outside* 14 days, then it looks as if you may have a defence.  But if you have received a s.172 request to name the driver, you still must do this within the timescales, otherwise you are committing a "worse" offence.

 

* I can never remember if the 14 days relates to date of issue or date of service, and also can't remember if the date of the offence counts as day 0 or day 1.  Also, AIUI, it's very unusual these days for the first NIP to be issued late.  Are you sure this is the first one?

 

Hopefully Man in the middle or someone else can give you more reliable advice than I can!

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