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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Hi - thanks for your help!
 

I had a  parking ticket that went to Marstons to be settled by the 7th November,

I thought it was the 17th

 

I went online to pay it yesterday (so 1 working day later) and they had added the further £235 Enforcement fee?

There had been no visits or letters from them

- is this charge legal without them actually doing anything further?

 

Thanks,


Jason

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The enforcement fee of £235 may only be charged AT THE TIME OF THE VISIT......not before. 

What you would need to do is to call the company and ask them why the fee has been added when supposedly, no visit has taken place. 

 

Please post back with any response. 

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Have you had the first Compliance letter, where £75 would be added?

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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Yes, i received the letter and £75 compliance in the post.

That gave me until the 8th to sort out an arrangement.

I didnt as was away for the weekend.

I got a text from the enforcement agent to say i really need to get this sorted, and I paid yesterday.

 

 

Today I received a note from him through the door to say the enforcement fee is outstanding. 

 

His text says

' On the 8/11 the case passed to an enforcement stage and the statutory fee of £235 was added making the balance £513 as of Friday 8/11. I've contacted you yesterday in order to avoid getting the car clamped etc...:

 

He text me as i've had some dealings with him years ago, so i guess he was helping me out (although only to make sure he got paid..) 

 

Their office seem to imply their is satellite confirmation that he came to my property, but 100% no letter received through the door.  

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who did you pay?

and did you include the £75 in that figure?

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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I paid Marston directly online,  I have a receipt for that, and yes, included the £75 in that figure. 

 

I've now received a response from the bailiff when I questioned if he visited - 

 

"There is an enforcement fee charged and logged with a visit on the 08/11/2019 at 06:20 hrs.

I don't know if a letter was left or not.

 

A second visit was logged yesterday morning at 06:31 when your vehicle was spotted parked a cross the road from your address.

 

You can access the full log of all these visits with GPS coordinates from Marston Group.

 

In order to get access to this you have to file a Data Subject Access Request with Marston Group.

 

I will be on XXXXXXX around 09:30 am tomorrow and I can show you what it is recorded on the system.

 

Regards,

Marstons"

 

I really dont want to pay and then have to claim back with a small claims court if necessary (although have done that and received £1000 in compensation) 

 

Thoughts?

 

 

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so all in order for them

they have proof of visits

 

so what time yesterday did you pay?

if this was after 06:31 AM ...you owe the £235 fee.

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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One issue would be Cleared Funds, as in pay online and it may be 3 days before the payment is showing in their bank

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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Hi Brass, no - that definitely wasnt the issue as they admitted to amount was only missing the £235. 

 

I'm just confused - if they didnt leave a note, then what proof do i have they had come to my property?

 

Thanks

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  • dx100uk changed the title to Marstons bailiff - do i owe £235 visit fee when no note left of proof?

not that I am aware of

though you'd think they would leave something.

 

you'll have to SAR them.

id do that rather than ring.

 

though we all know GPS data can be faked but would someone do that? IMHO no.

 

 

 

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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Unfortunately there is no statutory requirement to leave a notice, although most do.

Were you in at the times they said they called?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • dx100uk changed the title to Marstons and PCN - do i owe £235 visit fee when no note left of proof?
  • 8 months later...

Hi - I had a visit from Marston on Bank Holiday (when I say visit, they say they came, I've received no letters, so awaiting the camera footage) - but I was out all day with my family. They of course counted this as a first visit, and increased my charge by £235.

 

It's for a parking charge - can they come on a Bank Holiday? I thought Sundays & Bank holidays were sacred.

 

Please advise

Jude

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14 minutes ago, JC101 said:

 

It's for a parking charge - can they come on a Bank Holiday? I thought Sundays & Bank holidays were sacred.

 

 

Since 2014, legislation provides for enforcement agents being able to make a personal  visits on both Sundays and Bank holidays. 

An enforcement fee of £235 is the correct charge. If the bailiff returns a 2nd time, he cannot make another charge. The fee of £235 can only be charged once. 

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Could you give a bit more background please, were you aware of any PCN? also might be better to park car away from your property, as if they do come back marstons are clamp happy so might well clamp your car.

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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Is this you old marston pcn again from last year? Or another one?

 

 

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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Share on other sites

so the £235 enforcement fee is still what is outstanding ?

 

 

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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Share on other sites

Not anymore, car got clamped this morning, so had to pay it all. I'd been fighting this, it went to TEC, cancelled, but doesnt look like the council updated Marston in time.

 

Plus - a supposed visit happened on Monday bank holiday, for which I've asked for video evidence. Either way, it's now a case of clawing it all back through the courts if necessary, which i've had to do previously. 

 

 

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 do you mean the old visit was on a bank holiday or you had another visit this BHM (with no more fees i hope?) and now this one today has resulted in clamping and paying?

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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Share on other sites

Sorry - fresh visit on Bank Holiday, resulting in the (correct) additional £235 fees. But no evidence of that visit.

 

Car clamped this morning, no extra fees for the clamp.

 

But as I said, fighting the whole thing as it seems TEC didnt get the message back to the Council. 

 

My beef is with a visit on bank holiday, and charging fees for that. (and then nothing left at the visit)

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but why did they visit?

 

i thought you paid the old PCN sum + £75 compliance/Enforcement fee, so the old £235 which was disputed then was bogus?

 

so what debt did they visit for now??

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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No - I didnt? I didn't pay it. It's been on hold and fighting with the council over lack of responses - went to Marston, filed with TEC, Marston came today, clamped the car, said a visit had happened on Monday!

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oppss!

 

 

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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I can't wait for the video evidence. It's amazing how many visits they claim to make without leaving evidence. I guarantee it will be obscured or something. If they haven't visited, or can't prove it, it's straight to the small claims court for fraud.

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