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    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A is sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner. It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which they are fully aware. There is an agreement between the lessors of Area A and the main owner of Area B. This owner would instruct the Claimant not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B.. So all they had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.    But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them (before the case) to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
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    • 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
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Moneybarn - Return of Goods Order Suspended By Consent Order


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SAR being questionable is sadly due to dealing by phone without recording calls or at the very least requesting call handler to read back notes they have made

We can only go on what the SAR says 

You are compiling a complaint not a legal case. If this goes to the FOS they will not rule on legalities of the default process 

Just stick to PRIN 6 and 7

Relate your dealings with MB to 

Section 5 of the FCA findings in the above link no need to expand at this stage

eg the email of 8/3/17

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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to be frank I doubt even MB realise what they have done. that's a std mailmerge letter seen here before doesn't even ack the fact of the suspended ROG/CO   if you read the court judgeme

Thanks very much indeed for your offer of a donation. Of course we are very happy to receive it. if you want to make a recurring donation I understand that there is a check box somewhere on the d

Evening dx, certainly been a while    Reading the SAR , the OP needs to relate the email from MB dated8/3/17 to the four serious findings in the FCA report in the link above and base their i

Noted, thanks re-draft it is then 🙄 

 

If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 

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get the FOS done and see.

i have a feeling you might not need to do the latter.

 

 

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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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