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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?
      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.
      • 3 replies
    • 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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Variable Smart Motorway speeding ticket.

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Hi all, I wonder if you can help me.


I have received a speeding ticket saying I was caught speeding at 74mph in a variable speed zone reduced to 40mph.  


I was travelling on the M69 junction 7-8 With my wife and child, I’m always a careful driver and my wife normally spots reduced speeds if I haven’t and says slow down.


None of us have seen any changes on the gantry, no traffic built up and no lane closures, the road is clear.


I have signed to say it was me driving but 4 weeks later no penalty notice yet to tell me my fate.


I have done the same journey again weeks later and the same spot the speed was reduced to 40mph again but this time major traffic.


I can understand the 40 mph on this occasion but nothing like this on my first trip.


Could you give me an idea as to what I should expect as a fine etc please.


I did write a letter explaining the above and have a clear licence but I presume this will have no affect.


Thanks all. 

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There was a case some years ago where someone who was 'caught' speeding whilst speed restrictions were in force challenged the ticket in court and won. His argument was that there was no need for the restriction as the road was clear and traffic was light. This happened on the M4 near to Heathrow.

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I find it very hard to believe that the argument "...that there was no need for the restriction as the road was clear and traffic was light..." would be successful as a defence today.  (I'm surprised it's ever been a defence actually).


You cover a lot of ground very quickly at 70+mph and traffic and road conditions can also change very quickly.  A clear road and light traffic is no justification for exceeding a posted speed limit when you cannot be certain what is ahead of you.


In fact, I think any argument that you thought it was ok to exceed the national speed limit (never mind 40mph) because of the prevailing road conditions is likely to see you convicted immediately!


I don't suppose you asked for photos to "help identify the driver" before returning your NIP declaration?  Usually the photos would show your car and the speed limit.


If you were travelling at 74 in a 40 I suspect the next step will be a Single Justice Procedure Note asking you how you want to plead.  Come back here for advice once you receive it.  (They have up to six months after the offence date to start court proceedings and they often take that long to do do).

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Yes Manxman has covered most of the ground. 


All I would add is that I am surprised to hear of the successful challenge mentioned. I am not aware of it and whilst I'm not saying it didn't happen, I have heard of most such "milestone" cases and I definitely have not heard of that one. You should bear in mind that if it was successful in either a Magistrates' Court (most unlikely) or on appeal to the Crown Court (slightly less unlikely) it does not set a precedent upon which you can rely. You can mention it but the court would not be duty bound to consider it. Only rulings in either the Court of Appeal or the High Court provide such precedents.


As far as the law goes, to rely on such a defence you would have to show that the imposition of the lower limit was unlawful rather than simply unreasonable. You may have difficulty doing so.


Looking a bit wider, it is a pity that you did not ask for the photographs as mentioned; it would have at least ruled in or out one potential problem. When you get your SJPN you should be served with an evidence pack. This will provide you with the evidence the police intend to rely on to convict you and should show evidence of the reduced limit.


If you are convicted of doing 73 in a 40 limit you face a fine of a week and a half's net income (reduced by a third if you plead guilty), a surcharge of 10% of the fine (Minimum £34) and prosecution costs (£85 if you plead guilty and probably £620 if you are found guilty following a trial). You will also face either a disqualification of up to 56 days or 6 points. With a clean record and particularly if you plead guilty, six points is a strong likelihood. Come back when you have your SJPN and evidence pack for more help. Just one last thing:


1 hour ago, Harryoscar said:

I shall take it as far as I can if need be. 


Be careful. This chap did the same:




Edited by Man in the middle
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