Jump to content

  • Tweets

  • Posts

  • Our picks

    • 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
      • 49 replies
    • 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.
       
        • Thanks
      • 3 replies
    • 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!
        • Thanks
        • Like

Recommended Posts

Hi,

A year ago I posted  a thread about my friends CCJ from Horizon Parking that she didn't know about and got by default.

She managed to negotiate with horizon and settle the bill and has a letter from the court saying that the hearing had been voted and that the judgement and registration is cancelled.

 


Recently she was turned down for a mortgage and found the CCJ is still on her file, she phoned the court and they told her she needs to apply for a dismissal, is this correct?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites
  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

And for anybody who has the original issue of this thread, following on from advice from the forum and site admin team,   My friend managed to get Horizon to agree to set the CCJ aside

Bankfodder, yes she would be interested in it, they have gone away for the week though, so next weekend hopefully she will find the original POC

Yes

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

It wouldn't let me reply on the original thread

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Thanks, so as I was saying


A year ago I posted  a thread about my friends CCJ from Horizon Parking that she didn't know about and got by default.

She managed to negotiate with horizon and settle the bill and has a letter from the court saying that the hearing had been voted and that the judgement and registration is cancelled.

 


Recently she was turned down for a mortgage and found the CCJ is still on her file, she phoned the court and they told her she needs to apply for a dismissal, is this correct?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

voted?

 

if she has a letter from the court that 'judgement and registration is cancelled.'

she needs to send that to the court and get them to remove the judgement from the public register ASAP>

 

doesn't need a court case.

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... 

 

 

Link to post
Share on other sites

Yes, she has a letter "General Form Of Judgement". from Chelmsford court which read

 

By Consent it is ordered that

1 The hearing on **** is vacted

 

2 The judgement of ****** is set aside and any registration is cancelled

 

3 No order of costs.


But the CCJ is still on there and the woman at the court on the phone told her to apply for dismissal, she must be wrong isn't she?   The point is in the Judgement, no registration 

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

*Vacated

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

chelmsford must remove it.

 

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... 

 

 

Link to post
Share on other sites

Thanks DX, exactly what I thought, court admin staff giving out the wrong advice

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

And for anybody who has the original issue of this thread,

following on from advice from the forum and site admin team,

 

My friend managed to get Horizon to agree to set the CCJ aside if she paid in full the £1200

- this along with the threat that she would apply to have the judgement set-aside anyway (she never received the judgement)

 

Moral of the story is don't ignore court claims in the first place, even if you think they are dodgy because they are photocopied badly and have read bad advice  on the internet from people who don't know what they are talking about.

So a £80 fine cost her £1200 and the effort of getting a CCJ removed

  • Like 1

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

it is not a fine

 

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... 

 

 

Link to post
Share on other sites

£1200??

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... 

 

 

Link to post
Share on other sites

DX yes poor choice of word "fine" , I mean invoice. She ignored them as per advice from other people, she obviously played into their hands and ignored the court claim as well.

 

But genuinely, she never received the actual judgement.

 

Not sure how the £1200 was made up of, originally a fine for overstaying in Tesco metro car park on the high street and then court costs etc. 

 

I have had one in the same car park, I defended successfully on the fact the sign says for patrons only and overstaying 30mins will result in a fine. I claimed I wasn't shopping there, therefore I didn't overstay and was trespassing and not breaking a contract  therefore not in their power to sue for trespass.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

why do you keep using the word fine then?

 

its not and never can be...

dont forget others will read your thread/advice..

 

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... 

 

 

Link to post
Share on other sites

I have a bit of time earlier than I thought.

I haven't read this thread very closely but do I gather that they they obtained a county court judgement against you and then you have managed to negotiate with them by paying them the judgement sum in return for them agreeing to set aside the CCJ?

 

Link to post
Share on other sites

£1200 seems steep, and is double the magic number to get Bailiffs involved, what was the claim for what was on the original Claimform POC?

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

 

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

 

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!

Link to post
Share on other sites

Hi Bankfodder, no the claim was against my business partners wife, she just ignored their letters and claims for penalty fees.  

 

She took advice from the internet or other people, not sure who, but when she received the court claim she thought it was fake as it was badly photocopied claim form, so she ignored it.

She runs a shop and someone had the same issue at the same time, they went to get a loan and found she had a CCJ from this, so my friends wife then checked her credit file to find one also, neither of them actually received the judgement (or so they say).


So I advised her to negotiate a set-aside with Horizon if she paid in full, otherwise she was going to go down the route of having it set-aside based on not receiving the judgement and then fight the case.

 

So they agreed, I believe her friend managed to do the same.

God knows how their fees ended up at £1200 for parking in Tesco, but she needed it off as she wanted to get a mortgage.

 

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Thank you.

i'd like to know much more about the story but in principle the claimants have committed an abuse of process and it seems to me that you've got a good basis for getting your money back and getting the judgement set aside.

Also, doing a bit of mischief.

If this appeals to you then please let me know.   It won't be straight-forward but it would be interesting and a bit of fun and it would deliver a slap to horizon and other parking companies who have tried the same thing. 

Excel is one which has tried this and we are currently in the middle of dealing with it although we are waiting for information from DVLA before we proceed. 

let me know what you think. I'm afraid that my access to the forum is patchy over the next week or two but there is no hurry once you decide but you would have to take a decision.

I don't see any particular downside although  you would be risking a claim fee in the event that you lost the case which I think is probably unlikely

 

 

 

 

 

Link to post
Share on other sites

Hi Bankfodder, I will ask her if she is interested in that, she isn't desperate for money and does lead a busy life including caring for her mum who has latter stage Huntintons disease, but will put it to her.

 

She phoned the court today about removing the CCJ as it was set aside, she was on hold for an hour and 20 mins before hanging up.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

you may find that it cost £100 to get the set aside and also if the judge thinks that you are simply trying to clean up a credit file, it could still be refused. Be aware

Link to post
Share on other sites

 

Link to post
Share on other sites

Hi Bankfodder, just to confirm that it has already been set aside, she made an agreement with Horizon that if she paid the £1200 in full it would be removed.


The issue is that despite the court Judgement frommChelmsford stating that it has been and no registration should take place, it is still on her file.


A women from the court advised her to apply for a dismissal, why would she need a dismissal she already has a General form Of Judgement which

1 The hearing has been vacated

2 The Judgement is set aside and any registration is cancelled

 

This from Chelmsford court

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Link to post
Share on other sites

Credit Cleansing issue?

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

 

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

 

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!

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...