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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
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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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Lowell claimform - 2xCap1 card debts


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CPR requests are a civil request...parties are not compelled to comply as disclosure follows later in to the process.However its part of the Pre Action Protocol were parties are are encouraged to mediate before hearing dates to simplify any claim and assist each other to narrow the differences and disclose what documents they will rely on.

 

As most claims are made by DCAs and they cant get the documents in time.....most never comply and use the time scrambling around to either retrieve the documents from the original creditors..or  some even copy and paste and try to recreate them to fit their claim.

 

So if they fail to comply with PAP and fail to comply with CPR 31.14...its a good bet that by time allocation comes around (were they will have to disclose the documents) they simply discontinue the claim.....and all because you had the nerve to defend their claim and never actually expected they would have to disclose the actual documents.:cool:

 

You couldn't make it up could you .

 

Andy

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Thread moved to Financial Legal Issues Forum.Please continue to post here to your thread.   Please read the following link and the copy and paste the Q,s and your responses back here for fur

hehe appreciate that, sort of runs with my username, now that goes back further than even the internet, but has run through since my days on CompuServe...   keep us updated...   dx

not your problem.   if the fleecers want to issue a claim that they have no idea about, that's their problem. more to put in your WS about their total incompetence and abuse of the lega

Posted (edited)

I have had a Notice of proposed allocation to the small claims court/mediation dated 22/03, reply by 8th Apr

 

1. Defended claim 

2. suitable for Small claims, etc

3. fill in N180

 

A1 - Asking for mediation, yes/no

 

I assume this is for me to fill in as I am the defendent, yes? Sorry if silly question

 

I thought i filled in my defence online? is this a different form?

 

I am still getting the runaround from lowell about documents, we're still looking for them., etc. hand 2 letters from them

 

TIA

Edited by sewingkit
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with the greatest respect

between the differing stages you should be self helping by reading like claimform threads

as to what comes or might be next in the whole process...

 

 

1 wit you

yes to mediation

the rest is onv...

 

there is no need to inc sig/phone/email

on the copy to lowell sols

 

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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Thank you, I will cover up my sig on the copy to Lowell ;)

 

I will read up next time I get something, apologies for the direct post.

 

Once again, thank you

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sig/phone/email

 

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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  • 2 months later...

Hi everyone, I’ve just had a text message re: my mediation appt for Friday afternoon, I’ve searched my email and found the original in my spam! 🤨 A Bit shocked and stressed. I was expecting a letter and for it to be a bit delayed due to COVID-19. 

 

I’m obviously a bit nervous and not sure how I do it. I’ve found this thread on here to help me understand what I have to do, read it once and will read it again after I post this.

Do I follow my defence as outlined in my original claim defence above? Some of the legalese of my defence is a bit above me, they never replied to the CPR Request and copy request etc

 

any brief pointers would be great appreciated, many thanks

 

Sorry, Just to add, the guide thread states to stick my defence strictly.

Is there anything I can put alongside the 9 points of my defence to help my conversation on the call.

More laymen terms, if you will.

Thanks

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They never replied to the CPR Request and copy request etc

 

Mediation is not a trial....no need to refer to your defence.....simply repeat the above and state the above and for that reason you are unable to participate.

 

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

 

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

 

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thank Andy, my heart has been going a bit faster since the message, The last few months have been very anxious and stressful and I just didn’t need that to arrive and surprise me. 

 

haha, yes, good point, It was the CCA request they didn’t reply to as well as the CPR

 

I will state at the beginning that “as they have not replied to the CPR And CCA request I am unable to participate in this mediation” and add no more to the comment. 
 

out of interest, what would happen after that?

 

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Mediation refer it back to the court and you refer to your N157 Notice of allocation which informs you of the court directions in preparation of the hearing.....you will have to draft a statement of case and attach any documents you wish to rely upon (disclosure)...the NOA informs you of the dates you must comply by.

 

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

 

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

 

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Post your draft here for opinion before submitting.

  • Like 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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Will do, thanks Andy

 

so, if I’m reading your reply right. I will get a N157 NOA after the mediation refers it back to the court, this will have details of what I have to do next, this draft/SoC.

 

i think then write something up to give back, the SoC?
 

thanks again

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witness statement.

 

as for mediation...simply state the claimant has not supplied me with enough information to enable me to make an informed decision.

 

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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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41 minutes ago, sewingkit said:

Will do, thanks Andy

 

so, if I’m reading your reply right. I will get a N157 NOA after the mediation refers it back to the court, this will have details of what I have to do next, this draft/SoC.

 

i think then write something up to give back, the SoC?
 

thanks again

 

Yes if you have not already had it ?  Plenty of examples of witness statements on similar threads.

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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Thanks both, so I search for “witness statement” and go from there not “statement of case” 

 

Sorry, getting a little bit confused by different terms. 

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Omg, my heart was pounding, lol. All done. She was nice but I think she knew what was going on.🥺 phew. Talk about anxiety 🤦🏼‍♂️

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Lets hope it does not get to a hearing in court then :becky:

  • Haha 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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don't think we need too

as you appear to be doing a good enough job of winding yourself up about nothing already.

 

witness statement claimform card

 

use our google enhanced searchbox..as advised numerous times here already.

 

 

  • Like 1

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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  • 1 month later...

hi Everyone

 

I’ve have just received this after just being away in France, missed the first few days on the timeframe.
 

Can confirm my understanding of it with anyone as I can’t see anything about providing a witness statement as you’ve mentioned above.
 

  • They are basically asking me to agree and confirm by email by the 10th for the judge to do a decision without a hearing, yes? Due to COVID I suppose.
  • Have I definitely missed the set aside opportunity (whether I should do it or not) due to my holiday or do I get a bit of leeway here?

 

Ive not had any email from the other party yet and I only received/opened this letter yesterday Due to being away, I knew something would come whilst I was away.
 

TIA

 

N24.pdf

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pers i would object to a paper only hearing as you wish the opportunity to cross examine the claimants solicitor regarding any relevant documention as they have failed to date to supply anything. regarding your CPR and CCa requests.

 

 

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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hmm, yes. I guess there is a chance of a lottery with the paper hearing route, 50/50 or the judge goes with the path of least of resistance. 

 

After a bit of thought as well it seems to be the wrong way to go.

I’ve not had a chance to defend and check their docs,

they’ve not provided a response to any of my requests for documentation,

like you all said they would, no surprise ofc.

 

If I object and take it further then they will have to provide it I presume. 

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they must disclose all they intend to rely upon.

 

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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