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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • 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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Hoist/cohen claimform - Ex Barclaycard debt.


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Yes...Notice of Allocation will give you further directions....say it in your witness statement...you have already submitted your defence

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Not due till the 13th August by 4.00pm.   With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR a

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

For the Claimant...keep an eye on that date and check with the court that they have filed fresh particulars.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

I have received details of new particularised claim (attached) from Hoist and also received a general form of judgement order form local court to file an amended defence (attached) and a fresh directions questionnaire.

 

I did not receive any forms from the court,

does that mean I need to download a direction questionnaire form and fill in the defence there?

Then answer to the 9 points on the particulars? 

New_Particulars_28.11.19 Edited.pdf Gen Form of Order Kingston 2 11.12.19 Edited.pdf

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the claimant hasn't suffered any loss or damage to the tune of +£2k, they are not a creditor and didn't give the defendant any credit...:lol:

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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But they have suffered a loss.....£275.00  which they paid for the bad debt

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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aw that's tough luck ..teach 'em not to dabble in lemon debts then..

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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  • 2 weeks later...

Hi All,

 

I'm about to start drafting my amended defense as per court instructions (post #31) and wanted to ask what additional points I need to add to the original defence? 

 

The two obvious points being the CCA not provided in time and the one received is the T's & C's and says for internal use only from Barclaycard.

 

I am also a little confused as reading through other posts it mentions "witness statement", is this on the allocation questionnaire?

If some can point me in the right directions, it'll be much appreciated.

 

Many Thanks

T

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Your not at witness statement stage yet ...thats after allocation of the claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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  • 6 months later...

Hi All,

 

I have had an existing case with Hoist since Last July and it was stayed until 2/4/20 and to provide amended defence and claimant to provide new particulars, which was completed.

 

I have now received a letter from the court (attached) with the option for mediation and to complete a witness statement.

Previously, the mediation didn't go through as they hadn't supplied the "agreement".

 

does that mean I should not go for mediation again and just provide the witness system?

Am a bit confused.

 

Any help would be appreciated.

 

Thanks in advance

 

T

Gen Form of Order Recvd 15.06.20.PDF

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threads merged

 

the claimant has to date not supplied sufficient information for you to make an informed decision upon mediation.

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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  • 2 weeks later...

you've left your name on several docs in pdf bundle.

hidden

we also need all the exhibits unless they are already up here?

 

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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Quote

Section 3 states that "You must pay the hearing fee to your Home Court. This is the court which normally deals with your case. If
you need to make an application, send it to the Home Court" - I don't quite understand this, does this apply to me or the claimant?

 

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Apologies. I will redact and re-post shortly, together with the exhibits. Only the CCA response is on here in #21.

 

Thanks

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Posted (edited)

Hi,

 

I have redacted and attached (2 parts as it was big) the entire bundle.

 

I have also noticed that the default notice was for £454.22 and the amount being claimed is £2253.73 + costs - not sure if this is relevant. 

 

Any help would be greatly appreciated.

 

Thanks

 

EDIT: Am unable to upload part 2 as I think I've exceeded the limit, any ideas how I could upload part 2?

 

Final_BundlePart_1.pdf

Edited by 244065013
file too big.
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use PDF reducer in our upload guide so you can upload both files please

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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Hi dx,

 

I have uploaded the bundle in full minus the statements and empty pages.

I have also attached my WS.

 

If I could get some feedback on this I would appreciate it. 

The WS should be with the court by 12/08 so got a few days to finalise and send through.

 

Final_Bundle_from_Hoist_3MB.pdf

 

Witness Statement Draft.pdf

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so wheres the SIGNED agreement or tickbox with IP address and time??

 

and urm no cohen...CPR 31:14 IS applicable as the claim had not been assigned to a track at that time..

junior paralegal i'll guess ...with him sitting right next to the bog at cohens in a pretty skirt 

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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thread tidied

 

ws looks ok 

let andyorch check it mind.

 

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

What date must you file and serve ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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