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    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
    • Hello all,   I hope you can assist me, as I am quite lost and confused at the moment.   Two years ago I moved to my actual flat. Throughout this time I have been with EDF first and now EON. When I moved in, my landlord didn't quite know which one was my meter and I picked the one that I believed was mine (now reading you I know I should have done a burner test..). During this time, I have been paying my bills and submitting the numbers that I believed mine, which actually agreed with my consuming patterns.   Today, all the meters appeared with numbers, but the one next to the one that I was using, which appeared with a different flat number. As you might have guessed, none of them had my flat number. I have just made the test and it looks like that one may be mine.   Now, how should I proceed? I have been paying bills is not like I wanted to avoid paying, but clearly there has been an issue. Could you please advice me on how to proceed?   Lastly, in terms of meter serial number, the one that I was using matches my bill and I guess my neighbor bill. The additional doubt I have is, who is paying for my meter and why are they still providing me with gas if no one is paying the one that seems to be my real meter.   Many thanks!    
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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?
       
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      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. 
       
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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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Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG


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they have sent you the wrong cut and paste letter and it is clear they havent spoken to their clients either. They are trying to blindside you into paying up as they get a wedge out of anything you send.

I would suggest that you wait for a lba and then tell them agin waht a bunch of wazzocks they are for being unable to read or count.

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yes other spies have found these out: note the last comment;;;   ELMS Legal Ltd 31 Handley Street Sleaford England NG34 7TQ   Company Number: 09160334   Dire

I found it a bit strange when reading it.

They repeated, almost verbatim, some of the contents of the responses from Excel.

They probably share the same documents to cut and paste from.

 

I'm going to have a good Christmas and New Year and look forward to their next feeble attempts at bullying.

All the best, and look forward to the next thrilling instalment.

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Will and John, the worlds cleverest solicitors at Gladstones are also Will and John, owners of the IPC, the worlds dodgiest ATA for parking. The reason the letters look the same is they probably wrote the originals for Excel to copy from.

 

Understand, they are not honest brokers, they act for their client and their cliet as solicitors are members of the club that charges then for pushing them towards the lawyerly aspect of their life. They amke money regardless of whether the parking co loses it for following their crap advice.

Edited by honeybee13
Paras
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  • 1 year later...

thread tidied.

 

elms … urm.. looks like a one man band armchair advocate..doesn't appear to be registered as a solicitor on mainstream authorities sites like SRA/FCA.

 

I can't find the real name behind the firm name.

 

let me pull a spies chain.

 

 

 

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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https://www.legalchoices.org.uk/types-of-lawyers/regulated-lawyers/legal-executives

 

read the bit about cilex practioners..a bit down..

 

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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Tel:
 
In-house Solicitor at:
Vehicle Control Services Ltd
2 Europa Court,
Sheffield,
South Yorkshire,
S9 1XE,
England
View in Google Maps
Roles at other organisations

 

https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson

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yes other spies have found these out:

note the last comment;;;

 

ELMS Legal Ltd
31 Handley Street
Sleaford
England
NG34 7TQ

 

Company Number: 09160334

 

Director: Ed Jonathan Garvey Shoreman-Lawson

 

Companies House link: https://beta.companieshouse.gov.uk/company/09160334

 

Endole link: https://suite.endole.co.uk/insight/company/09160334-elms-legal-limited

 

BizDb link: https://www.bizdb.co.uk/company/landlords-lawyer-ltd-09160334/

 

CILEx Regulation ID: 2164466, Edmund Shoreman-Lawson
(at this link: https://cilexregulation.org.uk/firms/  click on 'Firm Directory' its an auto PDF download
then open PDF and go down to ELMS Legal Ltd

 

Authorised by CILEx Regulation for Civil Litigation: Authorisation No: 2164466

 

Law Society link (Edmund Jonathan Garvey Shoreman-Lawson): https://solicitors.lawsociety.org.uk/person/67740/edmund-jonathan-garvey-shoreman-lawson

 

SRA - ELMS Legal Limited (on the link check SRA-regulated people and roles whose name it is)
https://www.sra.org.uk/consumers/check-and-find-a-solicitor/solicitors-register/organisation/?sraNumber=630494#headingTwo

 

SRA - Edmund Jonathan Garvey Shoreman-Lawson (look at where this person works, VCS, MIL Collections)
https://www.sra.org.uk/consumers/check-and-find-a-solicitor/solicitors-register/person/?firstName=Edmund&lastName=Jonathan&sraNumber=537827

 

Linkedin link: https://uk.linkedin.com/in/edmund-shoreman-lawson-34557b127

 

This guy does use different versions of his name from full name to leaving some off name.

 

What you will notice is Mr Edmund Jonathan Garvey Shoreman-Lawson himself is SRA Regulated but ELMS Legal Limited, Vehicle Control Services Ltd & MIL Collection Limited are all not SRA Regulated.

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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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A read of the legislation for county courts will provide you with conflicting info on who may represent a person at court 

 

My reading is this bloke may pitch up in person but not an employee of the company.

At this stage anyone can fill out letters as the representative.

 

Read up on MIL Collectiosnsand you will see that they have history and a track record of LOSING

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  • 2 weeks later...

I hope you all had a good Christmas and New Year!

Thanks to all for your input.

 

Here's my proposed response:

 

With reference to your letter of December 2019, reference as above, its contents are acknowledged.

The matter has been passed to yourselves after BW Legal’s failed attempts to bully me into submission; using lies, mistruths and threats of legal proceedings. Perhaps they saw the error of their ways - perhaps not!

As before, I’ll keep this simple so as to avoid confusion.

The Particulars of Debt in your letter are unsubstantiated.

We parked, I paid.


As your client insists on taking Court action, then please advise them that I will make a request to the Court for full costs due to unreasonable behaviour (CPR Part 27.14(2)(g)).

 

 

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Respnd as follows

 

Dear sirs,

I would look forward to seeing you in court but as you have no right of audience in the capacity you correspond in that wont happen.

Tell your client that they know there is no cause for action and they are in breach of the GDPR for obtaining my data so it should be me sending  them threatograms rather than some lickspittle earning a less than honest crust threatening me.

If they have any sense, which would be a very rare thing for a parking company, they will now drop the matter rather than suffer a full costs recovery order for their unreasonable conduct and vex

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Tell your client that they know there is no cause for action and they are in breach of the  GDPR for obtaining my data 

 

The data was obtained pre-GDPR. The PCN was issued on the 14th May 2018, with GDPR becoming effective on the 25th May 2018. Unless it can be applied retrospectively, I feel this is a moot point.

 

Just found an interesting article : https://www.vsec.infinigate.co.uk/blog/according-to-the-gdpr-it-is-in-force-already :

 

Quote

 

The final commandment that is article 99 reads:

  1. - This Regulation shall enter into force on the twentieth day following that of its publication in the Official - Journal of the European Union.
  2. - It shall apply from 25 May 2018.

One number short of an upside-down mark of the beast, the 99th article suggests that the GDPR has been in force since the twentieth day subsequent to its publication, that being the 17th of May 2016. Yet, its application is not honoured until two years after.

 

 

 

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I wouldn't worry 

they won't know any diff send the snotty letter.

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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  • 6 months later...

Open

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It's been all quiet since my last posting, but it appears the sleeping giant has decided to wake up.

 

This morning I received the County Court Claim Form from Northampton - attached.

 

As you will see from the particulars they have gone down the avenue of 'parking without payment', despite having provided them with the proof that I did pay.

 

Naturally, I'm going to defend and am starting to put it all together.

 

Do I have grounds to put in a counter claim or not, and would it be worth the cost and effort?

 

Any advice on how to proceed would be greatly appreciated.

CCClaim.pdf

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In any event send the acknowledgement or service straight away and that will give you 28 days before having to file the defence

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follow this sticky and do AOS online with  Defend All ticked  The team will be along soon with further advice, they have already made a mistake, they haven't indicated who they are suing keeper or Driver, if Keeper £60 of that total is void anyway.

 

 

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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Not a good idea to go for a counter claim-that prevents them from discontinuing their claim. 

 

They are taking you to Court for the wrong reason.

You did pay even if not within their imaginary ten minute payment period when you were able to stay there for 12 hours And you would have paid within their time period had their system been working proficiently. It is not equitable that you are penalised for the shortcomings in their system. 

 

As you paid then they had no reason to apply to the DVLA for your data-a clear breach of Data Protection regulations and should

attract a penalty of around  £500 at least.

 

They do not say whether they are pursuing you as the driver or keeper.

I have not seen their NTK to see if the POFA regs were followed though you inadvertently have revealed during your appeals that you were the driver.

 

In addition they have added an extra £60 to the charge which has been referred to as an abuse of process by many Judges including this case which you should mention in your WS.

Look at post 1 and the actual summing up of the case by the Judge on the last section of post 1.

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you have grounds for going after them but do this as a separate action if you are minded to.

Win this one first and you make that journey much smoother and you may get a payout from them when you slap them with a LBA, it has happened before.

 

So for the moment, acknowledge the claim and prepare your draft defence, which at this point will be just bullet points such as

 

" the prescribed fee was paid by the driver at the time so no breach of contact has occurred.

 

The defendant has the parking receipt issued at the time and the claimant has known this from the outset.

 

The defendant invites the court to use its management powers to strike out the claim under CPR 3.4 as the claim is vex and order a full costs recovery order under CPR 27.12.2(g) should the matter go further"

 

now this may or may not get read and acted upon at this stage  but chances are by the time it gets to a local court ordering both sides to produce their full statements it will be on the top of the pile and Excel's ring  will be twitching

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Hi,

Thanks for that.

I have acknowledged the claim and indicated I intend to defend.

 

I've been looking at all the communications on this and the various differing claims - "didn't pay for the first 90+ minutes", "contravention time 18:01 (when leaving car park)" etc. and was trying to decide whether to defend purely on the Particulars of Claim - "Parked without payment...", or whether to also bring into it the afore mentioned different allegations.

 

I think your suggested draft defence answers this (PoC), but any other thoughts and guidance would be appreciated.

 

 

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  • dx100uk changed the title to Excel/BW ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG

you can only defend the claim they have made so stick to the simple couiple of sentences. WHEN it gets to exchanging documants and statements you can chuck in the kitchen sink.

Tr and write about somehting they arent claiming for and they might get your defence thrown out and thus you lose by default.

 

 

keep it simple

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Less is always More at this stage, give them nothing to chew on and they are stuck with their rigid roboclaim 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!

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Thanks ericsbrother and brassnecked.

 

That's the way I was thinking, but just need to be sure. Your confirmation is greatly appreciated.

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  • dx100uk changed the title to Excel/BW/Elms ANPR PCN PAPLOC Now Claimform - But i paid! - Providince St Wakefield WF1 3BG

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