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    • No real update as such I ordered another 5550 via the sales route (24/9) after finally getting a quote to agree (£400 more than the original but with technical arranging a cashback of the difference). Got it earlier than the estimated date and instantly knew it would be another off the shelf product = same trackpad issue.  New builds take a couple of more weeks to get to me for obvious reasons. Sure enough, it had it too along with a couple of other issues so it was boxed up within minutes of opening.   They picked this up last week and have refunded it.  In the meantime, the new build via technical with the FIXED part has moved yet again to now the end of November (4th time the date has moved?)   I decided to give them another option of an on-site repair with another new purchase to speed things up but leaving the new replacement option open too should there be other faults on the new purchase.  They agreed, but the quotes were beyond ridiculous and beyond the cashback/refund allowance they were giving me (15%)   From the last purchase a few weeks ago, the quote went up 17.43% with the wrong cpu,  19.82% with the right cpu but wrong screen and finally a whopping 44.16% to the original cost with all the spec being correct citing "promotional offers in June July meant it was cheaper" despite the previous one being only 12% more in September.   So we are now back to just one single route which is the technical route replacement when they have the part in stock - this is at the end of November supposedly.  I still have the option of a full refund of the original cost back in July from now until sign-off on the new machine or if the new machine fails to materialise.   The way I see it with this option is I am essentially using the machine for free until they pull their finger out or until I find a better alternative which I am exploring on a daily basis because a the end of it, I either get a brand new working replacement that is fit for purpose or I get a refund after using it for several months.    
    • Thanks uncleB   One other question: Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell? The property has been taken off-line and hasn't been marketed for last 2 months.  
    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
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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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horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***


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The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)   Andy

stay here same issue..

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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They are obviously trying to ground a personal liability for the dissolved companies debt by seeking costs.  Costs for what though as their claim was kicked out.  Think they are trying to reinstate it by back door.  Need to be careful with this one, make sure fact no debt existed so no initial cause of action, their loss pursuing the case should not be recoverable, as surely they lost.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Just remember these people are not honest brokers, they are trying something here, it should have been put to bed by the judge previously, as debt didn't exist, so why they are after costs is strange in my book.  Perhaps DX,  EB  and others will have some thoughts here.will have

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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they are hoping that the judges words regarding the lack of an entity to sue give them the chance to try again by suing you as an individual having vicarious liability for the company.

 

Now this is a risky strategy on their part as it risks a big costs issue if they fail.

 

They also risk you suing them for breach of the DPA/GDPR for the unlawful processing of your personal data.

they will argue that a company has no personal data but that in itself will give them problems as they have lost a court case where that argument can be considered if you were minded to counterclaim that summons.

 

i think they may well just try resending the original invoices and hope that you are fed up enough to just pay up.

 

As a date has been given we will need to know exactly what has been said. 

you can ask for the traqnscript or recording of the hearing to be made available but it isnt an automatic right and may be costly as the courts only use certain peopel to write them up and they certainly charge!

 

What we dont want is for you to lose because you dont understand what it is you are fighting and we cant offer much at this stage because we dont know what it is either.

 

please explain everything even if it means writing a small book on your day out

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  • 2 months later...

Just received this by email

 

Without Prejudice Save as to Costs

 

Dear Sirs

 

Our client is willing to try and settle this matter without the need to attend Court and the further costs that would be associated with having to attend. 

 

We appreciate you are a litigant in person and may not therefore be as familiar with Court procedure.

 

Our Client proposes a 'drop hands' settlement, whereby both parties discontinue each of their Claims and walk away, bearing their own costs in the matter. In essence, our Client will end its proceedings against you if you choose not to proceed with a claim for costs.

 

 

If you need to discuss further please do not hesitate to contact us.

 

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what did you claim or could in costs?

 

in a way you've won and you could agree and walk.

 

in another, they could be extremely frightened that you will win in court, esp on the data issue which they have lost on before, which can cost them dear,

 

not only from their costs side,

but also upon your costs

 

and ofcourse the effect their lost case will have upon to their other claims going forward against others that are obviously in the speculative roboclaim court system already for the same situation as yours.

 

I believe your situation is pretty unique though in terms of the vehicle ownership being via a now  defunct company.

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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I have replied to the email to agree for this matter to be closed & no further action.

I appreciate all the help thanks 

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so they are going to issue a notice of discontinuance

even if you get one from the claimant or their dogs..

don't forget to give it a few days and check with the COURT too, they've pulled these disc'd stunts before!!

 

 

 

 

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

Its a known PPC trick as DX says for them to say not proceeding, then go for a default summary judgment.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Oh I will phone the court friday & see if it has been cancelled & if not I will explain to the court what they have sent me thanks for the advice tho 

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  • FTMDave changed the title to horizon/gladstones windscreen PCN claimform - Bromborough croft retail park **DISCONTINUED**
  • Andyorch changed the title to horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .

The court has cancelled the hearing for another date to be confirmed due to covid19.

Plus I have received from the other party a notice of discontinuance, so I take it that when I spoke to the court they probably had not seen that notice.

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keep that letter of Discontinuance, in case later on they forget and try again.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • Andyorch changed the title to horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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1 hour ago, brassnecked said:

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

 

 

The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)

 

Andy

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We could do with some help from you.

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 Thanks Andy All the more reason to archive that e mailed notice then Gladdys often forget things like that

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Just spoke to the courts they have said the case has been discontinued no further action 

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