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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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Lowell/HFO claimform - old barclaycard debt **WON***


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Dear All,

 

I have today had a Notice of Discontinuance from the court. Thurnbull have packed it in. It does not say why, to be honest I don't care.

 

Thank you everyone that have helped me especially IGNM. I would not have got this far without you help.

 

Cheers

 

 

CONGRATULATIONS - That is awesome

 

They have discontinued - you are entitled to your costs up to the point of discontinuance

 

Seriously pursue them for your costs - how many hours have you spent on the case - £9.25 per hour, copying, postage, court fees

 

You must have spent 40 or more hours

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Well done. Did we not tell you that would happen?

 

Keep that notice and if they start chasing again hit them with a letter from the court and a claim for further costs and harrassment.

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Brilliant... hang on in there for the costs! Keep the faith and all that jazz... I know it's a pain but just think of the day you can post here writing that you have won costs and if they don't pay up you will be instructing a bailiff hahaha :D

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well done mate...I hope the buggers give up on my father as well!

 

 

They only give up if you fight them hard...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Great news. They really don't like fast track, do they?

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Great news. They really don't like fast track, do they?

 

I know - it terrifies them...the other thing they can't seem to handle is having any sort of legal argument...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Congratulations and well done.

 

Get that wasted costs order in.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper 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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Superb- just what I was expecting :D

 

I G N M- you`ve been a star in all of this I have to say- pat yourself on the back- you deserve all the accolades!!

 

And anyone else who has contributed- and there has been lots of you- all pat yourself on the back- you`re all part of this great community, whereby now consumers have the right to fight their corner and not allow these sharks to attempt to collect money through the Courts whereby they don`t even have a legal argument to start with- tut tut tut...

Any feeling that I`ve helped you today- then add to my reputation and click those scales!

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Have been away as my mother was taken ill and have just caught up with this tremendous news. Pank - well done you have shown great courage and stood your ground aided and abetted by all of us but especially IGNM.

 

Yes and hit them for those costs - make the buggers squeal a bit more.

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  • 2 months later...

Pank, did you chase your costs? Given the stress they caused you, I hope you've given them the runaround.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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  • 4 weeks later...

The way to beat these people is to put them to proof of assignment. Remember to put at the end of your Statement of Defence a standard paragraph that runs:

 

"Further to the above, the Defendant neither admits nor denies all other things expressly pleaded by the Claimant."

 

Then look at the assignment clause in your credit agreement. It usually provides for the assignment of the original lender's rights and/or benefits. Those can be assigned with or without your consent.

 

The assignment of duties needs your consent, and if you haven't given it either in the contract or at all, then under s189(1) CCA 1974, they don't fall within the definition of a "creditor".

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  • 1 month later...

hi pank,

have spent the last 2 hrs reading all your thread, ive my own thread 'hfo sent court papers today'

well done. i myself have a court date next month, and im very scared. ive been trying to find something positive to read. i have filed an amended defence with court, i now have to do a skeleton but am soooo confused and dont know where to begin with that. i hope mine is discontinued, but knowing my luck ill be in court. i just feel very stupid, i really have no clue and dont understand law.. i think this will be my downfall

 

well done again!

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Please try and relax MMO3...have you tried searching under 'skeleton' ? you should find a few threads as examples....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I can't emphasise this too strongly: when you submit your Statement of Defence, state that you neither admit nor deny any assignment of the account and of the rights and duties attaching thereto, as pleaded or at all.

 

In order to be your creditor by assignment - see definition section in CCA s189(1) - HFO must have been given both the contractual duties and the contractual rights.

 

Look for the assignment clause in the Terms and Conditions. If it provides for an assignment of rights and benefits, then there is no possibility of duties having passed unless you've signed a novation (which most people haven't done).

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  • dx100uk changed the title to Lowell/HFO claimform - old barclaycard debt **WON***
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