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    • Don't bother with what Trading Standards tell you about this - we've had far more experience in dealing with gym m/ships over the years.   1. Have you cancelled the DD mandate - if so, when ?   2. When did you last use the gym, approximately.
    • I sent them their quote which outlined the 8-10 weeks start to finish.  Their response is also below.  I placed the order 1st Sept and would have been ok with a couple of weeks here or there as I know delays can be experienced due to others in the chain/weather etc but Feb was too much. I hadn't thought to contact the council re the Building Regs, will do that tomorrow.  At this stage I've only paid the deposit on credit card but it's £2k. The next payments are in stages and they will not accept cards.  Their advice re delays on 29/9 was in response to me asking if we had an install date.  The same day they were advertising for fitters. Their refusal to get their director to call me or make an appointment is making me nervous of continuing.  I woke this morning thinking I would go ahead as we hit it off when he came round but if his administrator has enough clout to stop me talking to him she must be a member of the family as well.     "We did advise a 8 – 10 week installation process from survey which was on the 07/09/2020 so working on this lead time your installation date is due on the week commencing 16/11/2020.   We then advised on 29/09/2020 there is unfortunate delays and I gave you a worst case scenario date as depending on the delivery times this could well be brought forward but we also have to consider we have a 2 week festive holidays.   You still have not been able to provide me with written confirmation that Collin, Davina or Lisa have stated this installation will happen before Christmas. So the delay is unfortunately 8 weeks with the potential of being sooner than this, I just can’t give you an exact installation date hence why I gave a worst case scenario."
    • Quick update -  Good news is that I have been told the car is complete and ready for pickup.  It ran a bit over so we agreed the swap is now tomorrow as I would never make it there before closing time with rush-hour traffic.   Bad news is I have potentially now found out the gearbox and brake fluid service has not been carried out.  We went through this yesterday, got a printout too suggesting it has been done but having just looked more into it, it didnt look right with 2 things standing out. For example:  Part Number: G060175A2, Description : Gear Oil, Qty: 1  This just kept standing out to me given my own Audi had 7 litres of it and they sell them in 1L bottles.   Looked up the part number and sure enough, its not gear oil but Haldex oil (part of the Quatro system).   Other thing that stood out was no filter on the sheet which is part of the service.     Have just dropped them an email so lets see what comes out of it but again sheet I have which is a PDI Requirements sheet (pre-delivery inspection) states:   Carried out MPC & oil service Haldex Reqs gear oil service Brake fluid change   I'm trying to remain calm
    • Hi.   Please don't hijack this thread, it's for advising the OP.   The best thing is to start a new thread of your own and then we'll advise you.   HB
    • Hey Andy, Dx,   With the deadline approaching to enter this defence i have amended as best i can. Can either of you help with it or point me in the direction of a similar case so i can get some ideas for myself? Or is the below ok? Considering i could of nearly perjured myself i would really appreciate it if you guys could take a look.   1. By agreement between the defendant and Halifax on or around the 3/3/2015 (the agreement) Halifax agreed to loan the defendant monies.     2.The defendant did not pay instalments as they fell due.     3.The agreement was terminated following a service of a default notice.     4.The agreement was assigned to the claimant.     5.The claimant therefore claims 1. 4.5k 2. Costs    Defence   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.     3. Paragraph 1 is noted. It is accepted that I have had financial dealings with Halifax in the past. However I do not recall entering into any financial agreement with Halifax on or around 03/03/2015 and have sought verification from the claimant who has not complied with my request for further information.     4. Paragraph 2 is noted.   5. Paragraph 3 is noted.   6. Paragraph 4 is noted.   7. Paragraph 5 is noted. As i can't recall entering in to this financial agreement with Halifax i have asked them to prove that i had entered in to this agreement. It is therefore denied with regards to the Defendant owing any monies to the Claimant; the Claimant has failed to provide any evidence of credit agreement / assignment / balance / breach requested by CPR 31.14, and remains in default of my section 77 request, therefore the Claimant is put to strict proof to:   a. Show how the Defendant has entered into an agreement; and   b. Show how the Defendant has reached the amount claimed for; and   c. Show how the Claimant has the legal right, either under statute or equity to issue a claim     8. On receipt of this claim I requested by way of Royal Mail on 13/10/20 a CPR 31.14 request from the claimant’s solicitors and a section 77 requests to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 77 request and their solicitors, Mortimer Clarke, have refused my CPR 31.14 request.     9. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.     10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974     11. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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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CCA's and Dave against the world !!!


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Hiya Dave,

 

Good luck today:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks guys......:)

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Just got back from court....................:(

 

It was like a full blown hearing, they sent a Barrister.....just as well I took my stuff, he may have dismissed me there and then. The DJ was a somewhat stern looking guy who mumbled a lot, but he turned out ok in that he did help me along a little.......so much so, that until the last bit of summing up I thought I had it nailed....

 

Application to strike out defence refused

 

Application to strike out order re: 6 year limitation period refused

 

will get a date in directions, case in about 8 weeks, skeletons to be filed along with bundles.

 

He kept on about there being a flood of similar cases since the Supreme court ruling asking for stays to be removed etc...I kept on replying that credit cards were a different matter and not covered by the supreme court ruling.

 

He wanted it to become a test case in a higher court....the barrister was flustered, and I was unsure.......like everyone I am on my uppers at the moment, I couldnt afford counsel for that sort of case !!! not if I didnt have to......

 

I thought I had presented my case well, had 3 nice binders with all relevant caselaw, various letters back and forth, their offers to pay, the final "gesture of goodwill" with no ties. A letter form Martin3030 referencing his case that he won on the same grounds.......European court of justice rulings....the whole works.

 

nope didnt work....I'm almost sure that he didnt want it to work and wanted a test case.

 

He kept making references to the latest OFT case that lost, and each time he did I tried to put him right that the issues were different, I think he was getting mixed up between bank charges and credit card charges.

 

still there's now time to get my case in some proper order knowing what I now know.....:(

 

rgds

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I'd be pretty satisfied with that, dave. :)

 

Inch by inch - you'll get there.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hello Dave!

 

Application to strike out defence refused

 

OK, I think you can live with that!

 

Application to strike out order re: 6 year limitation period refused

 

OK, I don't think you can live with that! But what to do about it, that's the question.

 

I think the Judge was wrong on s32 of The Limitation Act 1980, it does apply, and he has misdirected himself.

 

Cheers,

BRW

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There should be some recourse against some of these judges...:mad:

 

Hang on in there Dave, you'll get there in the end...

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Not too upset..(although it has thrown my party plans into chaos).....its only a single battle.....the war WILL be won :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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well done dave at least now it is ongoing and all the help on here should help it is about time this was once and for all sorted test case or not...

will look through thread again and see what we can add to your defence as this does concern about half of the people who come to the forum...we might even be able to force a ruling of TRANSPARENCY AS TO ACTUAL COSTS of charges etc...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi patrick.....

 

had to have a little giggle about this case though........I didnt know who to take to court Barclaycard....(ex Morgan Stanley / Goldfish ) or HFO.....So I tried my hand with barclays first, this at least tells me that there is something fishy about the assignment....ie it must only be an equitable assignment.....or barclays havent done their homework properly and they have paid me when they didnt have to :)

 

rgdss

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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HE HE yes i think we all know eventually MORGAN STANLEY will have to pay back the money to either BARCLAYS VIA GOLDFISH OR VICE VERSA as it stands they must bring MS to the courtroom especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

 

Unfortunately.....I didnt agree to there being a "test case".....I couldnt have afforded the counsel, I probably would have to defend myself and that wouldnt have been fair on those that were to follow, I'm not the best speaker, I can digest what has been said or written and formulate an answer...but to do it on the fly.....maybe not........so someone else will have to fight that battle.....I have my hands full at the moment keeping my family fed and a roof over us......dont get me wrong ...I am not (yet) at the gates of poverty, but not far short...

 

 

 

rgds

 

dave

Edited by davefirewalker
rambing on...beer fuzz :)

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 1 month later...

Got a court date a few weeks back....sometime in june about 23rd I think..

 

barclays contacted me and offered an extra £20 + .......:).......to which I waited a while and then refused, I re-filed all docs with the court, and guess what...???

 

Barclays have folded........They emailed me and wrote offering to pay what I asked for....I refused unless they added the extra £75 for the "lost" hearing as extra costs. I also made sure that they would not come back at me for any of their costs if I discontinued........(you never know)

 

they accepted :)

 

Just waiting for the money to appear in my account and I will write to the court to withdraw the claim.....

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

 

No Ive been going through one of my many (sort of depressions)....I cant sleep very well, dont get to bed before 2-3 am and up early.

 

I sometimes dont go near my computer for many weeks....(not an entirely bad idea)

 

Anyways...thanks for the support

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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aye well done dave,tenacity won in end plus a sense of justice was on your part....SLEEP i am one of the i take a sleeping tablet i have to wake it up first damm lazy dem tablets n way they dont work on me i am a insomniac i sleep on average three hours a day max even then i wake up during sleep....but ive learnt to accept that,depression lucky me i dont suffer that but know of it and get it from my daughter she suffers very badly from it,and it is difficult really difficult to understand it,we just accept it and do our best for our girl ,anyway dave keep your spirits up dude sorely missed on here an the humor is missing from the threads dude...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Congratulations Dave :D

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Barclays have folded

 

Well done Dave. You've never let this one go, you deserve this result. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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