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    • In March 2016 I took out a boiler from a shade greener on a conditional sale for 10 years was approximately £40 per month for 10 years which sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years and an annual safety check which sounded great as it took away the worries of the boiler breaking down and replacing with expensive parts plus they said they would power flush it so I went ahead And also they had a call out of a maximum of waiting 24 hours. The whole installation and power flush took approx 4.5 hours. I didn’t have any problems until 23 months later when the hot water was playing up and I was told when I rung that if it was debris in my boiler that the visit would be chargeable. I advised none of this was mentioned when I took the agreement but they was insistent as it happened I was due a service within a couple of days so they did the visit and said it was debris and they cleaned the heat exchange plate as a gesture of goodwill. Approx 6 months later started having intermittent problems with hot water so I called again and was told by an advisor over the phone that it was my heat exchange plate which was blocked due to debris and I would be charged, I asked the advisor if he was a gas safety registered engineer and he said he wasn’t so I asked how he could be making such technical diagnosis’s over the telephone and I asked why the boiler would be blocked with debris when a power flush is supposed to last 5-6 years, I also asked if they cleaned the filter on a boiler service which they said they didn’t and they didn’t have to. I got my own gas engineer to check and it was a different fault and rang back and they sent someone out. I made a complaint to asg and i posted on social media about the disgraceful way I was spoken to on the phone and their service in general only to be sent a letter threatening libel on me and I had two days to sign a letter promising I wouldn’t post anymore on such platforms. Hence i didn’t sign and the Facebook group was changed to private however within 24 hours staff members of asg tried to infiltrate the group and when I raised this with asg they banned me from using the 24 hour call out facility and would only allow me to communicate by recorded delivery as I’d been abusive and threatening to staff which they apparently had proof of to provide to the courts if necessary. I did a sars request to asg to request said copper of emails and call recordings to which they couldn’t supply so I made a complaint to the information commissioners office who in turn raised this with asg who admitted they infact did not have these (because it never happened). Also it transpired that my boiler wasn’t fitted to gas safe regulations/building regs/manufacturers instructions to which asg denied (the flue was discharging into next doors garden) to which asg sent their head engineer round who got my tenant to sign documents (with my name in the boxes) to say their was no issue with the flue even though this had been raised several time’s. I also found out there was a charge registered against my property which prevented me from remortgaging even onto a better rate that was never mentioned when I signed up. I took these issues to the financial ombudsman who looked at the case and in the meantime I got gas safe to inspect the boiler who confirmed it wasn’t legally compliant after my solicitor checked the boundaries of the property so the ombudsman ruled in my favour that they should wind down the credit agreement, remove the boiler and pay me £400 compensation as asg had many opportunities to rectify the issues and chose not to, they also didn’t believe that the boiler flush was done to a correct standard as after researching it should take 2 days to fit a boiler and do a complete power flush. I have never dealt with a company like a shade greener in my life and sincerely hope that telling my story that no one falls foul to these again.
    • Thank you dx100uk   I know I dropped the ball on this one and there’s no excuses for it. I should of done my research well before now and not leave all this to the last minute.    I’ll try and get on the website but if I can’t I’ll email this defense over today and keep this form updated.    Once again thank you all for helping me   Andrew
    • Do you live on your own?
    • Okay thanks it is a difficult one.
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Ftgab19

Lowell claimform - Three Mobile debt

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Hes not counterclaiming...nothing to counter claim.


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no.

3 hours ago, Ftgab19 said:

Does my brother have to pay to file a defense as in counterclaim?

 

no


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No worries I received a email yesterday from Lowell saying the following 


 

Dear Mr,

 

My name is Rebecca and I will have conduct of your case.

 

I confirm that I am in receipt of your Defence, the contents of which have been noted.

 

You state that you do not recall having received a Notice of Assignment. I can confirm that a Notice of Assignment was sent to (Old Address that we moved out of in Nov 2017) on 25 March 2018, following our client’s legal acquisition of the account. A copy has been attached for your records.

 

On 31 January 2020 your request for the Notice of Assignment, Default Notice, Termination Notice and account statement was received.

 

A response was issued to you on 14 February stating that you statement had been requested from Three Mobile.

 

It was also stated that as your account was for a service agreement and not a Credit Agreement; it is not governed by the provisions of the Consumer Credit Act 1974. As such, there is no statutory requirement to complete and sign any such ‘agreement’ in order to obtain an account of this nature. Accounts of this type can be obtained by telephone, over the internet and by mail order and therefore, if no signed contract ever existed then it cannot be provided.

 

A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to Credit Agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice or termination notice would have been sent.

 

Your account statement was forwarded to you upon receipt from Three Mobile, on 18 February 2020.

 

Having reviewed your account fully, I can see that this former Three Mobile account was opened on 5 November 2014. The number associated with the account was 000000000

 

The last valid payment received via card payment by Three Mobile was for the sum of £61.34 on 12 August 2015.

The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58

 

Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance.

 

Should you be amenable to reaching a settlement, please contact me at this email address within 14 days with any sensible proposals you may have, that will be repaid over a reasonable time frame. 

Payments can be made:

  • On our website - https://lowellsolicitors.co.uk/. Please confirm the reference of your account in order for the payment to be allocated correctly.
  • By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 316493279)
  • Calling us on 0113 335 3338 and making the payment over the telephone.

 

Upon payment/ agreed settlement being received in cleared funds, we will notify the Court the case has been settled and close the account. By doing so, it will prevent a CCJ being registered in your name. 

Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing where a County Court Judgment may be entered against you. A CCJ if awarded will be listed on your credit file for 6 years and have a detrimental impact on your ability to obtain future credit.

If you are at all unclear, we recommend that you seek independent legal advice. Free legal advice is available from the Citizens Advice Bureau. 
 

I look forward to hearing from you.

 

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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So out of all the above tosh...the only part you need to concentrate on is the following....

 

"The original balance of £820.45 comprised of an early termination fee of £685.87 and outstanding air time debt of £134.58

Due to non-payment the service was terminated and legally assigned to our client. It is our client’s position that you are liable for the outstanding balance."

 

It is our client’s position that you are liable for the outstanding balance....and its for them to prove you are liable... they have to justify to  a court that an early termination fee puts them at a loss...let them disclose the cost and how that figure is arrived at...they cant they wont.....bit like the Banks having to justify Bank charges for overdrafts....£35 letters etc etc.

 

Andy


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So do you think they will give up or let it get to a hearing date and push it to the last min then give? 
 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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how did they get your email?

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Should we fail to reach an agreed settlement, our client may instruct us to proceed to a hearing

 

Wait and see if they wish to move to allocation...you will know if you receive a Directions Questionnaire N180..until then ignore them.


We could do with some help from you.

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

 

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They got my email because I put it on the Acknowledgment or defense. I got a letter from the court saying they received my defense and the claimant has 28 days to respond. 
 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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we don't usually see northants bulk passing those details on ...

and no it wasn't in your defence...and the full AOS doesn't get fwded ....all they see is what you see in the claim status page. AOS filed date.

 

nearer the time you need to send them one email clearly stating that email is not to be used for anything concerning the claim

else they'll be filing a WS at 1 min to midnight at the deadline, removing your chance to counter this.

 

as normal I can see them running this till just before fee filing and saving money by discontinuing the claim as all they might get is about £130 and that's rare.

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Sorry I’m a bit confused by what you’ve said on the email. 
 

When and what do I need to email them back?

 

Thanks 

‘Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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14 hours ago, Ftgab19 said:

They got my email because I put it on the Acknowledgment or defense. I got a letter from the court saying they received my defense and the claimant has 28 days to respond. 
 

Andrew

 

 

Did you do this manually using the paperwork  or submit through MCOL onlIne ?


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I submitted both Acknowledgment and Defense though MCOL online 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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They got my email because I put it on the Acknowledgment or defense.

 

Not sure how you could of as you submitted on line.....simple tick box does not ask for your email.....nor your defence box.


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I’m not sure how they got it then Andy, when I look at the pdf reference I got with my defence when submitting it online. it’s on there with my phone number, I thought I had to put them on there. 
 

do I need to send an email back to them saying not to use this to send things?

 

Andrew 

 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Must have changed it then to allow you to enter...so yes you can if you wish send them an email telling them that your preferred method of correspondence must be in writing only and that you will not accept email or respond to it....I personally cant see a problem in electronic communication 


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It was only because dx100uk said to till then so they don’t send something last minute or something I wasn’t sure. 
 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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If anything is sent to you late  or not on time stipulated by the courts directions you inform the court.


We could do with some help from you.

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Okay Andy 

 

So I should just leave this now until I receive the directions from the court for this case moving forward or for Lowell to give up? 
 

Thanks 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Yes Notice of Allocation next (N157)

 

 


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Hi Andyorch

 

I still haven’t received any (N157) how long should I wait until i get in touch with the court?

 

Thanks 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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What did you submit your DQ ?


We could do with some help from you.

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No I’ve not had anything since I submitted the defense 


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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you mean your brother surely?

did he get an acknowledgement from the court that his defence has been received and passed to the claimant giving them a 28day time limit?

 

what is the status of the claim on MCOL?

last entry defence received date xxxxx?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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On 26/02/2020 at 23:50, Andyorch said:

 

Wait and see if they wish to move to allocation...you will know if you receive a Directions Questionnaire N180..until then ignore them.

 

 

Claim must be stayed 


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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