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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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Cabot/Nolans SPC Claim - Newday Marbles Card


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Thanks Dx,

 

Just had the CMD, bit of a stange one.

I felt like it was going my way and then Sherriff seemed to turn and has set a hearing.

 

- Nolan's advised all documents provided.

- I replied that no NOA or default notice referring to section 88 of CCA etc and also questioned legal assignation.

 

-Sherriff asked Nolan's why these 2 docs have not been provided, Nolan's advised DN was "unnecessary" and referred to the letter they sent (post #47) as their intimation of assignation.

 

-Sherriff asked why DN is "unnecessary" and referred to what I said about section 88.

- Nolan's then said the claim is not in respect of default, the claims is for arrears and that the DN does not apply?

 

- Sherriff seemed confused and asked what Nolan's meant by this.

Nolan's just confirmed it is for arrears and it's different so DN doesn't apply.

 

- Sherriff asked for my comments on this, this is where I struggled.

I just referred to Section 88 and at this point I have received no proof of claimants legal right to debt.

 

- Sherriff then advised a hearing will be set, explained we need to submit drafts of evidence which we intend to rely on in court (It was a lot of Jargon, I will clarify once I receive the information from the court).

 

- What worries me is the Sherriff mentioned that I should be exchanging drafts with Nolan's prior to the hearing date etc etc.

 

Any thoughts?

 

Is their letter (Post #47) sufficient NOA?

 

When I receive information from the court, I will post here what is expected of me prior to the hearing.

 

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its a numbers game  they make (well actually that diff to know as a decree much like a CCJ can sit there for years not bring enforced. sad diff with a decree is its enforceable for 20yrs, bu

not at all none are silly questions, but what I will say is that your excellent self help has far advanced your understanding of things I really wish others would take that rouble as it

the uploads do not contain a NOA from the OC to the DCA Cabot

usual crap determination of the NOA rules from Nolans..... you need to be educating the sheriff upon the correct regulations surrounding the law Of Properties Act,

 

as for the DN, again ,, usual crap from Nolans, under the CCA, a DN must have be produced to litigate regardless to 'only wanting the arrears'...funny that, they've tried that before here and lost!! numerous times i'm sure. and ofcourse they ARE litigating for the full outstanding amount which are not just 'arrears'..

 

nice one Nolan's...

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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Thanks DX, I've received the Sherrif order which says:

 

"The Sheriff, in Chambers, by way of teleconference call, having heard from parties,

Continues the cause to X November 2020 at 10:00am as Hearing on submissions;

 

Orders written submissions be exchanged between both Parties by no later than X November 2020;

 

thereafter Orders final Written Submissions, and any other documents either Party may rely on, be lodged with the Court no later than close of business on X November 2020;

 

directs that said hearing will proceed by way of telephone conference call; and directs parties to lodge electronically with the sheriff clerk (by e-mail to hamiltoncivil@scotcourts.gov.uk) by no later than 12 noon on X November 2020 a note setting out the name, e-mail address, and telephone number of the person who will conduct the hearing for each party."

 

 

 

I had a look on the Scottish courts website and it states "Where parties agree, a hearing may proceed on written submissions or via telephone or video conferencing."

 

Worried now that I this is something I should have objected to?

Having a look through the other threads I don't see any reference to written submissions in previous cases.

 

Is this playing into Nolans favour?

They get to essentially see my defence and then pick it to pieces and amend theirs to suit them before final submission?

 

Should I be thinking about getting legal advice now as I have no idea how to draft a legal submission?

 

Sorry for the all the questions again and appreciate the help.

 

 

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x's aren't helpful. dates please

 

and it work bothways, nolan's are also disclosing to you 1st as well

at present you are in the driving seat.

 

no NOA

No DN.

 

plenty of stuff here on sec 87/88arrears etc etc

you don't need a sols.

 

dates please

 

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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Thanks Dx,

 

- 2 November 2020 - Written submissions be exchanged between both Parties by then.
- 11 November 2020 - Final Written Submissions, and any other documents either Party may rely on, be lodged with the Court.
- 16 November 2020 at 10:00am - Hearing

 

 

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