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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.
       
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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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Southern Pacific eviction 27/2/09 PLEASE HELP!


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Hiya, I'm new to this forum and a friend highly recommended it so I hope you can help me. We have received an eviction notice from Worksop county court for the 27th of Feb. The long and short of it is we have a suspended repossession order from November 2008 which we haven't been able to keep to due to having to fit a new central heating boiler and a 2nd hand car. We haven't informed the mortgage company of this as we thought we would be able to recommence the payments in December but were unable to.

The lender we are with is Southern Pacific and our arrears at the minute stand at around 8k.

Due to several mistakes in the past, we have subsequently been to court for the same thing with previous lenders but have been able to sort out the situations by remortgaging (naively) and the person who served me with the eviction notice says this will go against us if we go to court to suspend again (this is the 2nd time with the current lender).

We are in a position to make the payments as per the November agreement as of the end of this month but it's after the eviction so its too little too late I feel.

I know we have been naive and have put the family home at risk and this forum is my last hope to help get out of this situation for my young childrens sake.

Please help me.

 

Thanks for taking the time to read this and I hope you won't judge us for being so idiotic!

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Hi Chesterfieldmum..

 

Welcome to CAG - we certainly don't judge here:)

 

You've obviously been through the court process and will need to go through it again. I cannot really give you any advice (but do offer moral support), other than to say I know the situation you're in and that the wonderful Ell-enn will hopefully be around soon to offer you some advice.

 

I have read on the forums that judges have a directive to try to keep homeowners in their home if this is at all possible, so if you can show that you can recommence payments I'm sure they'll be sympathetic to that.

 

Stay positive.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Hi there, obviously you will have to put an application into court to suspend the eviction.

 

I will be on line around 8pm tonight so can help you then .

 

Ell-enn

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Hi, need a little info so I can draft a statement for you

 

1. Is the mortgage in joint names?

2. What was your payment arrangement in November i.e. how much did you agree to pay towards the arrears in addition to your normal monthly payment?

3. How many children do you have and what age are they?

4. Have you made any payments at all since November?

5. Do you have the bill for the replacement boiler? and also the repair to the car?

6. Do you have a printer at home to enable you to print out the statement and other docs you will need?

 

Kind Regards

 

Ell-enn

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

 

 

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Hiya Ell-enn, the mortgage is in joint names, myself and my partner.

The agreement with the court was that we would pay a further 150 off the arrears along with the normal monthly mortgage payment as of the 1st of December.

We have 2 children aged 3 and 7.

We made a 200 payment in November as that was all we could afford to pay after everything but nothing since as my partner doesn't get paid until the 28th of February (1 day after the eviction)

We have the receipt for the work carried out for the boiler but we don't have an invoice for the car repairs (we had to buy it 2nd hand, but we do have the receipt from the previous owner from buying the car) as my partner carried out all the work but we do have receipts for the parts he bought if they will be of any help.

Yes, we have a printer and I can print off all the required documents. Is there any site where I can download the N244 form from rather than going into the court for the form?

 

Thankyou for your help Ell-enn.

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Hi there, affixed is an N244 form, I will give you the instructions for completing in shortly.

 

Also affixed is a budget sheet which you will need to attach to the N244. Print a budget sheet off and "practise" on it until you get your figures right you can then do a final one. Remember, the £150 you are offering to pay in addition to the normal monthly payment should be the amount left over after everything else has been accounted for (including the normal monthly payment.

Budget Sheet.xls

n244_0400.pdf

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Just do the budget sheet for now - I'm writing a statement for Q.10 of the N244 and will give you the instructions for the rest of the form shortly.

 

By the way - who served you with the eviction notice? it's not his place to comment on what will go against you - that's for the judge to decide!

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

 

 

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Ok Ell-enn, am practising the budget sheet now, the guy who served me with the notice just said he was a bailiff from the county court, he was nice enough, advising me to go to the C.A.B etc but when I mentioned it was only te 2nd time with this lender, he said "but you've been there a few times before and the judge may decide that enough is enough".

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Hi there, below are the instructions for completing the N244. Affixed is the statement for Q.10.

 

1. Your names

2. Tick Defendant

3. Suspension of eviction order payment proposal offered.

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except the ApplicantBelieves

Both Sign and cross out all options except Applicants

11. Both Sign and cross out all options except Applicants. Enter your address and contact details.

 

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

 

You should now have:

2 pages of N244 form

Witness Statement

Budget sheet

 

Take a further 2 copies of each and assemble into 3 packs each containing the above.

 

Take one copy and the fee of £35.00 to the court. You will need the other two copies to take with you on the day. If you can't take it to court yourself (it's best if you can) then you would need to send it by next day delivery with a £35.00 postal order.

 

Any questions, just shout.

 

Ell-enn

Chesterfieldmum N244.doc

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Although having been there before may go against you, it's unlikely to hold much sway. The record for cases I've dealt with before is the 14th application to suspend - and even then it was suspended. So please don't worry. The claimant may try to use that as support, but won't hold much sway.

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  • 3 weeks later...

Just to let everyone know, we had the hearing today and the judge dismissed my application. He said his hands were tied due to the arrears being too high (8k) and the fact that we hadn't paid anything since November so he has given us an extra 2 weeks to find somewhere to live. :(

As I was in that much of a state, I forgot to ask to appeal but I doubt it would have got us anywhere anyway.

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OMG :eek: I can't believe it - I'm so desperately sorry for you - I'm not sure what the process of appeal is now that the hearing is over, but I will try and find out for you.

 

Have you contacted Shelter? they should be able to help.

 

Ell-enn

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

 

 

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Apply to the Court tomorrow with an urgent application for permission to appeal to the Circuit Judge....and also make your appeal at the same time. What evidence do you have of the ability to make future payments. Do you have forms? Anything Ell-enn and I can do to help???

 

Gotta admit I'm shocked!!! Have PMd

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Before you consider your next step if there is one you must really ask yourself if the payments are such a struggle that you are missing whole payments and the arrears are high do you really want to carry on as you are?

 

Is it because the interest rate is high or you have irregular income? If the property is going to need constant maintainance will you be able to pay for that?

 

If the answer is that you can afford payments and some towards the arrears and that you are sure you will not default again,then if there is hope of an appeal then by all means try. And as the post suggested then shelter may be the people to help. But you will be incurring more costs against your mortgage.

 

We all really want the best outcome for you and really do sympathise and we all urge people to fight if they can but in the endyou have to decide what is best for your family and only you truly know what that is.

 

Take some time to decide what you want to do and then there will be plenty of people here to try and support you whatever you decide to do.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 3 weeks later...

Hi Chesterfieldmum,

 

APPEAL THE DECISION!!! SPML do not own your mortgage!! and they have NO right to the possession order.

 

The entity that owns your mortgage is EUROSAIL. SPML have duped the court into giving the court order through concealment.

 

To find out the truth of what has happened to you read the threads and if you have any energy left try to fight back with this new information:

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/170607-spml-london-mortgage-company.html

 

and read the document at:

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/186867-carmel-butler-house-commons.html

 

I hope this information is not too late for you - but it may be a lifeline and may change the situation for you - don't crumble - get even - it's not too late to appeal you have at least another week or two to put forward an appeal.

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  • 2 weeks later...

Chesterfieldmum,

 

In response to your request for other suggestions - here's another...

 

The judge apparently dismissed your action on the grounds that the arrears were too high (8K). Therefore, you should appeal the dismissal of your application on the grounds that the judge was wrong in fact.

 

If you can show that SPML's accounts are wrong and that your arrears were overstated, exaggerated and inflated such that your arrears are NOT 8K, then the judge may have grounds to suspend the eviction order. In other words, the judge was mislead by the Claimant to believe that the arrears were 8K and grounded his decision on that fact, whereas in fact the arrears are not as high as 8K because SPML had overstated and exaggerated the alleged arrears thus causing the judge to err in fact....do you see the point?

 

I recommend that you read the recent posts especially Crapstone's on this overcharging/exaggerated arrears claims - and try to appeal against the dismissal of your application on that basis - and/or consider making the FOS complaint anyway. So check your mortgage statements

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/191534-mortgage-spml.html

 

Supersleuth

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Hiya everyone,

Just to let you all know, we had a last ditch hearing yesterday to try and suspend the eviction and .......................... we WON!!!:D

 

SPML's sols weren't actually present at the hearing, the judge put them on speakerphone. They were desperately trying to get the judge to dismiss the app as the previous one had, but this judge said that this is a new hearing and it's up to him. After going through all the figures, payment history etc, he granted the suspension with the CMI + £150 as previously agreed to be paid by the 8th April (which is fine by us as we have already set up the standing order to go out on the 6th when my hubby gets paid!). Their sols then asked for permission to appeal the decision based on the fact that they thought the judge had erred in letting us put in a new hearing rather than an appeal which the nice nice lovely judge refused :grin: lol. He seemed rather annoyed with the sols questioning his judgement which is why I think he refused them permission to appeal. But all in all, I am so pleased that he went in our favour and he did say that he thought the previous Judge's original decision to dismiss the app was a bit harsh.

 

We are going to be sticking to the order without fail as I have just recevied a pay rise so the extra money I'm getting is going to go towards paying a little extra than the order states so that we will always be that little bit in front.

 

I would just like to say a huge thanks for all the support and advice I have received from this forum, it really has been invaluable and I have taken great comfort from some of the kind words people have said. So here's a big hug from me and my family :D

 

Chesterfieldmum xxx

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Thanks for your PM with todays result - what a relief and I'm soooo delighted for you. You have been very brave - well done for fighting back!!

 

Have a little treat and relax for a few days:)

 

Just shows what can be done;)

 

Ellx

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

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Chesterfieldmum...SO FANTASTIC!!!! It's soooo good to hear a happy ending

 

Well done sounds too lame as it just goes to show that tenacity really works and boy you have great tenacity in the face of serious adversity. REAL PROUD of CAGgers like you!!! Keep up the winning spirit

 

Congratulations

Supersleuth

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Well done you !and i wish you all the best for the future - consider this a fresh start and now you know you have support form here you can hopefully move forward a bit stronger.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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