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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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Lowell claimform - 2xCap1 card debts


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Thought you didnt want a hearing :becky:...with or without a hearing either in court or remotely you will still be given directions to submit a statement and documents.

 

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

Thanks Andy, if that is the case then ill just go with the Papers determination if its more or less the same and I get the chance to submit a statement, thank you

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  • 1 month later...

Hi Everyone,

 

I've been in away and came back to the 2nd attachment (NASCT) Sunday night.

 

The first "GFJO" file attachment was from a few weeks back and I assume means the court is just asking the claimant to do somthing which I assume they did because of the 2nd attachment.

 

I have just done a search on the forums for an example witness statement and found this, Could I use this to create mine using their Statement? I know it is very rough and need tayloring, etc

I have just had by email the witness statement from Lowell, it is 75 pages long and has the CCA, Assignments, etc in it ands other stuff. The things I asked for in my CCA & CPR request back along and never got! No surprise I guess!  I could upload that if it helps but looks

 

Pleae could someone explain pt 13 about the £170 fee, is this something i have to pay?

 

TIA

Sew

GFJO SO.pdf 04092020 NASCT 2P.pdf

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so how did the fleecers get your email address to allow them to file their WS so near your deadline of 2 days for yours?

 

we MUST see all their WS please

inc all the exhibits

in ONE multipage PDF to be able to help at this late stage.

 

the fee is for the fleecers to pay not you..

 

 

 

 

 

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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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TBh, I dont know as Ive had no direct contact with the fleecers and passed it on to them, maybe fomr the orig docs or court docs?

 

Yes, nice and late as expected

 

Im working through thier witness statement now, redacting, etc, up soon

 

 

Attched DX, thank you

Notes:

Personal details removed

Dates removed, if you need them back in I am happy to DM the doc to you privately or redo the redaction and leave them on. I thought they might be able to identify me from them

Left exhibit no's in but cut out the paralegals initials

 

Exhibit 2 & 5 pages are removed completely as they were only 25 pages of acct statements, and to make the redacting quicker i just removed them! hope this is OK

All my sigs are electronic, dates look out of alignment

 

Exh 3 - No letter header on and who are Creation FS at the top of page 12, no space after "contacting us??? 

 

Biggie! (well to me anyway)

Look at page 37, Exhibit 8, its labelled for a completely different person, date, case number!!!!!

 

Exh 1 & 4 - Agreement numbers look a bit fuzzy to me and not in keeping with other typefaces, pasted on?

page 15, why is my name and acct number smaller? like typed on a sheet?

 

Loads and loads of letters missing off of page 27, Exh 6!

 

Page 20 - The table with Credit limt and Acct number is in blue but rest of doc in black, strange or not?

 

Thank you

Sew

I shall be making a donation to this site after, promise! amazing help so far

 

Witness_Statement_-_REDACTED.pdf

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so no default notice for card 1

is your name simply typeface and you signed up for these 2 card via an online portal?

yes make notice that they have forwarded someone else's stuff

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee.

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof.

as you quite rightly point out
all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells
but all the documents could have been faked by cut and paste.

 

i'm not sure on an already done WS, there is one

 

andyorch will be far better placed.

 

as with your defence a day or 2 late under LIP rules wont hurt you.in filing late

 

 

  • 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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so no default notice for card 1 Nope. that's all there is

 

is your name simply typeface and you signed up for these 2 card via an online portal? Yes and Yes, no sigs

 

yes make notice that they have forwarded someone else's stuff, I will do so

 

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee. OK

 

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof. OK, this is new to me, should I raise it?

 

as you quite rightly point out all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells but all the documents could have been faked by cut and paste. I know, looks a tad fishy, no way to prove I guess

 

i'm not sure on an already done WS, there is one

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Have a go at drafting your statement and post it here in PDF format and I will get back to you with any amendments additions.

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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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Use the one I have previously drafted above in post #53 and follow the claimant statement as a guide......responding to each of their points and copy the format. 

  • 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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Hi,

 

I've made a good start, 3/4 pages using my Def to start and some paragraphs from Andy's example on that Kearns thread, ive hit a bit of a block in regards to addressing their statement points and how to respond, getting a bit overwhelmed and taking a step away to think about it, I'm slowly getting there though. what bits to take out of my def, what to say in my individual replies to points and trying to understand the legal text in the points/texts. Ive had a few good ideas and will use them. 

 

I have other massive things going on outside of this and they're stopping me focussing.

 

So, toi give me a bit of time will LIP cover me to respond on Monday, it was due 4pm yesterday and you've said I can be on 1/2 days. I really need the weekend to get my head around it, mentally mostly.  

 

TIA

Sew

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Hi Guys, sorry I am late.

 

I hope under LIP I can get this in today, was due last Thursday 4pm, 2 working days late, should be OK I hope

 

I just couldn't face it Friday, too overwhelmed by the legalease and what to do then developed flu/cold with heavy covid cough over weekend and didn't feel up to it BUT been on it for last 90 mins and got right into the zone and found a couple of other cock ups by Lowells!

 

Both agreements have the WRONG acct number on, couldnt believe i missed it!

 

I led with my defence and then have tried aligning my against theirs with my own headings, b1, b2, c1 in case you want to refer to any point or mistakes  

 

Please can someone take a look please and check its passable

 

TIA

Sew

Witness SB.pdf

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looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

  • 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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3 minutes ago, dx100uk said:

looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

 

Ok Dx, will do, better impact, thanks

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v2.0 up. lol

 

More emphasis at the end to the 2 dodgy agreements

 

Funnily enough as i was doing it I made notes in order of the exhibits and the issues with each but felt I had to follow the run of their claim & WS, should have stuck to that as a pattern for mine

Witness SB v2.pdf

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yep that looks ok to me now

 

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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