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    • Apologies for hijacking the topic. Had a similar claim with moneyclaim submitted against Hermes. The usual story. Hermes lost the parcel. I was unable to get in touch with packlink. Sent multiple emails. Every time I got the same automated response: The parcel was insured for the full amount.   Now Hermes is denying their responsibility.    Also: Should I proceed with the claim?
    • Lord Sumption challenged the legal basis of the restrictions and was particularly scathing of the killing off of all heathcare but Covid 32 minutes in.    
    • I dont see anything significant for the UK in the Japan deal at all Some extra access for financial institutions ... maybe ... in a few years   but other than that there seems to be little other than some gains for Japan in ability to use the proposed 'tax haven freeport sites (they dont have to be at ports) ' to 'virtually' ship parts through the UK into europe as cars - probably supported by tax payer funded allowances while paying naff all in UK taxes.
    • Hi thanks you. I feel all over the place at the minute. If I've been overpaid I'll happily pay it back. I'll explain my issues thank you. I'm dyslexic and I'm fine with written down information but processing spoken word i struggle should I explain that on the phone? Thank you for your help. I have thank you the only thing i receive is child tax credit 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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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Hi

I need some urgent legal advice. I can't afford solicitor's fees.

 

I had filed an employment tribunal claim against my previous employer which I withdrew few days before hearing.

Respondent had been sending threatening letters for cost of almost £30k and I panicked and asked ACAS for settlement under duress.

I had made application to ET to reject cost application but they didn't respond.

 

It was "drop hands" COT3 agreement (no payment but no cost demand).

I didn't get any legal advise as all happened in less than 2 days time.

 

COT3 is signed and sent to tribunal and claim withdrawn.

Clauses in agreement prohibits me from making any damaging comments about respondent except as a consumer and in good faith. And it also mentions that I will pay for damages and legal fees in case I breach the agreement.

 

There had been huge outrage among consumers about poor customer service of respondent and I joined one such forum and made number of comments about poor customer service. My comments are in much lighter vein other members of that group with many using abusive language about respondent as many have lost money.

 

I have now received cease and desist letter from respondent.

Language is threatening and says I should stop making such comments as it is damaging their reputation.

 

Letter says

a) I agreed to pay for damages and legal fees for such damages

b) they will take further legal action

c) I can make comments only as consumer who 'purchased' goods and in good faith

d) my allegations are false

e) they will seek immediate injunction if i continue making comments

f) I should sign a letter that I will not make any more comments and move on etc.

I know this is these are their first stage tactics to gag me.

 

I want to know

1) What are my legal rights as consumer and freedom of expression in this case.

What sort of comments I can make and what I can't.

Can I talk about referring to journalist/newspapers, petition, ASA, trading standards , ICO, IPSO etc and ask others to do same ?

 

2) What could happen if it gets further escalated

3) How strong/weak is my position? Does settlement agreement clauses about making comments matter even though there are hundreds of others making more serious comments?

 

4) Legal procedure for them to take further action and how much of that will be public domain and whether merits of my comments about customer service could be debated based on other consumer's experiences.

Could it turn into public trial for poor customer services of respondent or court wouldn't even let those points discuss.

 

5) what should i do?

6) Can I approach to employment tribunal for anything like invalidate settlement agreement or any clause, appeal etc.

I didn't get any financial settlement but now I am worse off than normal public.

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I'm terribly sorry but you posted a very long of text and it's very difficult to read on the screen and it will discourage people from giving the help that you need.

Please will you edit it or repost and present it properly spaced and punctuated.

Thank you

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done for you

 

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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Okay – my site team colleague – Mr nice guy @dx100uk has done the editing for you.

I understand that you may not want to publish who you are dealing with in public – please would you email us at our admin email address and let us know who it is. This will be treated completely confidentially but it may help us in the advice we give you

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we don't delete threads re your report

 

sadly you need to be have patience 

 

its only been 36hrs and most probably our experts don't return to work until tomorrow.

don't forget this is a volunteer forum too..

 

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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then thats not an issue.

 

admin would not be telling anyone anyway even if they did start to advise without your permission.

 

 

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 asked similar question on some other website and all I got was adjectives , phrases and things like 'you should shut up and move on', don't dig while you are in hole etc.

 

Such things doesn't help but only makes you more defensive.

This thread hasn't got any responses yet, so it is not for this thread.

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Hello,

 

I have read the thread on the other board and, sorry to say, agree with the answers.  However, I only know HR, and not specialist commercial  law.

 

I would see it as a breach of our agreement and seek to make you stop/ repay any funds we had given in settlement. I have certainly done that before, and been successful. The general "we will not speak ill of each other" type of clause needs to go both ways. You would not be keen if they posted on message boards saying you were uncooperative/ awkward etc, even though in their eyes this would be true.

 

I think you really will need to pay for a specialist lawyer if you are determined to find a way to keep the money, and keep complaining.

Edited by Emmzzi

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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There is no money to pay.

It was drop hands settlement.

 

I had a valid claim but couldn't afford solicitor fees.

Respondent never gave any offer and used 2 different law firms and racked up bills (including expected fees) of £30k.

 

They were sending emails that I should withdraw claim or they will seeks costs.

I withdrew claim out of distress.

 

I asked ACAS that defamation cause should only be related to employment related and not as normal customer.

But this is what I got and I had no option but to agree. 

 

About respondent

- there is some online forum with bit less than thousand users.

Many people have lost lots of money because this company doesn't respond to emails and there is no telephone contact. Savings are exaggerated.

 

They didn't notice my comments as everyone is making comments, until I talked about ASA.

Half of my comments are about explaining procedure to buyers on how to get money back but they have not mentioned those.

 

I am looking for some specific answers like -

Does complaining to ASA, Trading Standard etc come under whistleblowing and can't come under any agreement.

 

For losses - doesn't it first need to be established that loss occurred and reasons for that.

 

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Here is information on what constitutes whistle blowing What you describe sounds like civil, not criminal, lawbreaking so likely would not count. But a lawyer who knew the detail could advise more fully.

 

https://www.gov.uk/whistleblowing

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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