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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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UKCPM PCN - operator pix - Trinity Park, Birmingham


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On 27/02/2020 at 18:20, ericsbrother said:

Dear sirs,

 you ask why I havent paid the amount demanded. That is simple to answer, there is no debt because there was no contract to breach.

 

If your clients are as stupid as Simple Simon at VCS then you should warn them that the 2 idiots who run the IPC are misleading their members over what is and isnt a parking contract when they claim they personally approve every sign and they will suffer the same fate at court when they learn that particular lesson.

 

Perhaps you should also ask Will and John at the IPC to give Will and John at Gladstones a copy of their ATA code of Practice so you can see where the clients actions prior to this demand falls well short of the code your client is supposed to abide by.

 

I look forward to your deafening silence from now on but I'm sure that you will be able to get another £50 out of the gullible if you dont tell them I have responded to your LBC.

 

just sent the above 

 

type your name

 

put your AD and their at the top

 

ref the PCN number as a title.

 

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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Dear sirs,  you ask why I havent paid the amount demanded. That is simple to answer, there is no debt because there was no contract to breach.   If your clients are as stupid as Simple

the adjudicators decision is not binding on you, it is to stop the greedy muppets losing their livlihoods when they take legal action  in matters where they  are clearly in the wrong. The IPC/IAS wont

Now you have a choice as to how to deal with this, you owe them nothing because it isnt a cvar park, there are no signs and you were there less than the 10 minutes grace period even the bandits of the

Thanks dx,

Sorry to ask this question, but I'm not clear by which means I'm to send this response; should I be registering on Gladstones website to access the instructions and PAP form as they request me to (there's no information available on their site to say how it works), or do I have to send it directly via 'snail mail', or can I just simply send it by email?

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and you've been here 10yrs+ and you ask this question...amazing...

you never ever use email. phone, websites or text to anyone ever...

 

writing only.

 

 

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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Snail mail with free proof of posting from as Post Office Counter, never by e'mail, it just gives them another way to harass, and also if they were doing court they might send stuff to someone by e'mail at 11:59:59  the day before any hearing giving no chance to respond.

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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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8 hours ago, dx100uk said:

and you've been here 10yrs+ and you ask this question...amazing...

you never ever use email. phone, websites or text to anyone ever...

 

writing only.

I understand your derision, dx, as this field is your bread and butter and such questions may be repetitious and possibly enervating, but although I have been a member of this group for over 10 years I have not had purpose to use the site for a considerable length of time and never for the requirement of defending against private parking which demands a grasp of the small claims process and court procedures. However I have been reading around posts etc in regard to this in the spare time I have available, but had not found anything that stated it unambiguously, which is why I asked. For the uninitiated there is a considerable amount to take in, however your help is always appreciated.

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I'm looking to send this LBC reply off by 2nd class post today, presuming I can get the printer to work as it is currently refusing (it will carry today's date if I do)

I've attached the letter here for good measure!

 

PS Interesting to note that they should be operating out of a golf club!

1st_reply_to_Gladstones-LBC-adj.pdf

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Sadly having printer trouble right now, so will see if I can find another way of getting it printed short of hand writing it!

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friend, library, neighbour?

not due till the 14th and even then not that important to meet the deadline.

 

dx

...

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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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4 hours ago, dx100uk said:

even then not that important to meet the deadline.

Good to know (though I guess that won't apply to the next stage at notice of claim!)

 

4 hours ago, dx100uk said:

friend, library, neighbour?

Hopefully, one that we are still on speaking terms with and also has a printer.. which might be hard combination in our small isolated village!😁

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I have a biro and a scanner/copier. As long as you have a record of this you cn produce later the method of production is unimportant

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Hi,

I received another LBC letter from Gladstones on Saturday 21st (dated 17th), stating the same as before requesting registration and response by 31st referencing an enclosed copy of their previous letter as if they had not received my letter in reply (of course I got a proof of postage receipt)!

Seems to me like they want to feign no knowledge of it!

What should my next step be; another reply via 'signed for' referring to an enclosed copy of original letter perhaps?

CPM-Gladstone_Solicitors-LBC2.pdf

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Hope everyone is faring well in these difficult and restrictive times. Not sure if my last post has been viewed by advisers but am looking for advice on the best way to respond back to the solicitors reissue of the letter before claim.

Thanks again.

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for the sake of a 2nd class stamp no harm in repeating it

 

.

dx

 

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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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Posted (edited)

but add that the Civil procedure rules dictate that the letter was deemed served 2 days after you posted it so in law they did receive it. Ask if it might have been left on the 12th green

 

in short, dont take their crap and give them some back. They know that this is as dodgy as hell becasue even their bought and paid for adjudicator found against their client so they know that they wont get a payday but are hoping you dont know how to use the interweb

Edited by ericsbrother
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On 25/03/2020 at 02:47, dx100uk said:

for the sake of a 2nd class stamp no harm in repeating it

 

On 26/03/2020 at 11:17, ericsbrother said:

but add that the Civil procedure rules dictate that the letter was deemed served 2 days after you posted it so in law they did receive it. Ask if it might have been left on the 12th green

 

Thanks for your replies dx100uk and ericsbrother,

 

I am going to reply back to them in the same manner that I received from them.

 

Here's a draft of my reply for you to approve (there may be some contentious parts that you think should not be included here):

--

Dear Gladstones Solicitors / militant wing of the IPC,

 

I am writing back to you as I notice that you have failed to acknowledge in your letter dated 17th of March '20 (received 21st March) receipt of my letter dated '9th March '20' and have instead just repeated the same LBC statements. A copy of the letter I sent is attached for ease of reference. 

 

I am quite satisfied that I have sufficient evidence to support my position that no contractual parking contravention occurred and, if necessary, will present this evidence in Court.

 

Now, I'm sure I have taken up sufficient time of yours reading and processing this letter to require another leisurely round on the fairways.

I look forward to your total denial of receipt of this letter.

 

Yours faithfully

--

 

BTW I am not putting a sender address on these letters; so they can't do a RTS wrong address or something

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The CPR (Civil Procedure Rules) does not legislate for postal delivery..the relevant legislation is the Postal Services Act 2011

 

https://www.ofcom.org.uk/postal-services/information-for-the-postal-industry/uk-leg

 

Andy

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20 hours ago, Andyorch said:

the relevant legislation is the Postal Services Act 2011

Thanks Andyorch

I've had a look at the Services Act and it looks like a bit of a minefield to try and find the relevant item, I have tried to search within it to no avail.

 

Do you think it is sufficient to simply swap out in the reply letter 'Civil Procedure rules' with 'Postal Services Act 2011'?

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Yes ...not that it will have much effect...I  personally dont advocate getting into letter tennis.....particularly of the above type

We could do with some help from you.

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12 minutes ago, Andyorch said:

I  personally dont advocate getting into letter tennis.

Yes, it is the course I'm currently on, so I'm just following the prescription.

 

I might need some further advice from dx100uk or ericsbrother on this reply!

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On 26/03/2020 at 11:17, ericsbrother said:

..in short, dont take their crap and give them some back. They know that this is as dodgy as hell becasue even their bought and paid for adjudicator found against their client so they know that they wont get a payday but are hoping you dont know how to use the interweb

 

Just wondering what you think of the letter I drafted above. I'm hoping to send it out in the mail tomorrow when the mobile post office arrives in the morning.

Andyorch suggested that the Postal Services Act 2011 was the correct legislation for when a letter is deemed served; I presume it is still 2 days as mentioned above (I couldn't find the relevant part in it)

Thanks

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I would bother with the posting bit at all.

 

I've adjusted your letter

simply post that.

 

dx

 

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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
  • Thanks 1

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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I would send the original letter and dont try and justify anything about post, deemed service etc as it will justcreate more trouble than it is worth.

showing you are relaxed about the whole thing may cause them to put a stop loss on thie.

To help with that send a copy to the client, UKCPM so they know that whatever Will and John tell them there is no such thing as an easy killa nd their solicitors may have just ceated more trouble than they have solved

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