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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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Ex parte injunction against log book loans - and you can do it too


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Taking the injunction route will be more beneficial to you
could well be but i have sent all the documents off to see if they r all above board and legal will see what they come back with and its not like they can take the car anyway!!!

but thanks for all your advice you have all been so helpfull :-)

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  • 1 month later...

To late it has been sold...and they are still coming after me for thousands..I thought the loan was secured against the car!!.

They want to send in a debt collection agency in and are threathening other means of securing what they say i still owe, can this be right..:confused:

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  • 3 weeks later...

Just to update... I know I am a bit flakey..

Anyway, have put in amended poc, w/s, alloc questionnaire, exhibits, etc.

 

They still have to hold onto my car. The court date is early July.

 

Incidently, the OFT has moved to remove lbl's consumer credit licence, this means they already have evidence of their activities. The delay is in the appeals process.

 

The OFT has a LOT more power since last year and have already said the BoS is unfair, ergo invalid.

 

Frustrated.

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I have tried to copy/paste the poc here, but it didn't make sense. If someone helps me I can post them as, as there's quite a lot of oft/consumer credit info...

 

Frustrated.

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Er,... okay, I'm killing my own thread.

 

Still, if a site team member could help. I have used new info in the poc about the new OFT guidance on UTCCR - their own guidance actually makes certain terms/conditions, behaviour, criminal offences.

 

One thing I remember from the injunction hearing, is that the judge immediately picked up on the OFT rebuke to lbl on the BoS terms and conditions. I waved the OFT investigation in front of him and from that moment on the possibility of lbl disposing of my car was gone...

 

Frustrated

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Hi Frustrated....

 

Is this the link you were hoping to post:

 

http://www.bllaw.co.uk/pdf/FINS_0608_CIS_UTCCR.pdf

 

If not, then apologies - but it does seem to offer quite a lot of guidance.

 

: )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi, thanks, but I was trying to copy and paste my particulars of claim, so other people can see the arguments I am using. But when I pressed paste, it call came out as rubbish!

 

I have also used the Consumer Protection from Unfair Trading Regulations (CPR's) which came in last year. Can you help?

 

Frustrated.

 

Going to cook dinner, will check later.

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Frustrated - apologies for my mis-interpretation.

 

I've pasted below the link for the CPR's that you speak of for ready reference for anyone else who may need to familiarise themselves with the further protection available to them against unscrupulous business practises...

 

http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf

 

I know others may encourage you to paste your poc on the forum - but I'm not keen on anyone pasting their personal Particulars of Claim on line before they have used them to best effect (i.e - the poc you used in your claim was successful) - so I'm pleased you were unable to paste them at this stage.

 

The CPR's pasted above is a 88 page document - valuable reading.

 

I am not familiar with your personal case, but I would say that when going to court (as you seem to be more than aware) you need as much ammunition as possible. So, if the Company you are claiming against are clearly in breach of any regulation contained within the CPR - then it is your duty to point it out...

 

I don't think that there is a right or wrong way of stating what you believe to be the case as a consumer - so long as what you write is ledgible and makes logical sense and is based on facts contained within the Law. A lot of the legal facts can be transcribed (copied and pasted from the Act itself) prefixed with 'it states in XXXX Act 1974 at Section xxxx that.....'

 

....and then state whatever it is that the person you are claiming against has done in contradiction to the Law or the Regulation.

 

When making a claim it is so easy to go 'overboard' - by going into loads of detail - I can't imagine that a Judge will be interested in the 'he said, and then she said' - so try to avoid this and stick only to the facts.

 

Best thing to do is write down eveything and then edit it to it's barest minimum - you may start off with say; 10 pages or more - try to get it down to 2 or 3.

 

There is never any guarantee in my experience that what you say or point out will ensure success as all cases are dealt with individually.

 

If you are in doubt about your Particulars of Claim, you can always attend your local court at the time you are lodging the claim - there are always Solicitors there 'scouting' for business - it's always a good idea to locate one of them and ask them if they don't mind having a look over your claim for you, they are normally more than willing to help. : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi apple,

 

I was going to leave out the detail of the poc anyway, but lbl solicitors have been served with this. I have claimed under 3

legal heads, and started with the OFT. There will be a skeleton claim for the judge on the day of hearing. Just listing all legislation.. etc.

 

Frustrated

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Sounds ideal...

 

Best of luck : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 2 months later...

can i take out an injunction to stop bailiffs coming to my home as the bill of sale was never registered (i know this makes my mm loan an unsecured debt but i've heard that might not stop em sending bailiffs...clare and ian

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fluffy25

 

I take it the 'bailiffs' you speak of are not court bailiffs; but those sent by mm to take your car?

 

I prefer to refer to those type of 'bailiffs' as Agents - as such they need to be registered by the OFT to work in such a capacity - check the OFT public register to see if they are registered.

 

If they are not registered - report them to the OFT and crimestoppers.

 

If they are registered - let them know that the BOS is disputed and that they should be following the guidelines as issued by the OFT in collecting debt..... also advise them that they are jeopardising thier licence in following through on a debt that is disputed - and report them to the OFT anyway, to let the OFT know what they have done already. (as ALL licenced companies need to prove they are 'fit' to retain their licence)

 

Don't forget to report mm to OFT for using unlicenced Agents should this apply.

 

and if mm are using a licensed Agent - report them for using an Agent to follow through on a debt that is in dispute without it having been resolved.

 

Hope this helps : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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apple cart has given good advice..do remember tho if they do not have a bill of sale registered... then they do not have a bill of sale!! wich means they have no right to touch your car.

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Hi thanks apple and gees for your advice, what has happend is - my husband has a severe mental health condition meaning he would not have capacity to take out any type of loan in 1st place so they have prayed on this!! When i called and asked for time to pay as a result of this they actually laughed down the phone! even the chief exec. This is why I now want to get them at any cost!!

 

He 1st signed for £500 on May 20th he made 2 monthly payments then was offered £1500 which was £500 to settle the 1st loan and £1000 cash advance. He was made to sign a new bill of sale and charged £130 to do so, this 1st bill of sale was reg with RCJ on 27th May so within the 7 days but the 2nd has never been registered. Our solicitor seems to think that when the 1st loan was satisfied the 1st bill of sale was cleared so now void??? is this correct or will it still stand for the 2nd loan? Please help as my whole case hangs on this, they have been so horrible almost like criminals, as well as my dissabled husband I have 2 babies and am pregnant so am not looking forward to dealing with bailiffs.

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Hi

Fluffy

 

Your case is another case that is really sad but proof that these people prey on the unfortunate purposefully with one aim in mind and it certainly isnt to help the customer through bad times, it is more to cash in on those that cant help themselves.

Any business like this ( a business to help those that cant get credit ) should be government funded and looked after by law abiding public agencies and not given to these criminals what seems to be a license to con struggling families.

 

I know there is credit unions but all loan agencies in this sector where unfortunate circumstances apply, this if handled like LBL and MM ruins peoples quality of life not just individuals but whole families lives too..

 

After reading the above it so mirrors my circumstances but I had to take out a 3rd loan taking mine to 13k because i was desperate and didnt know what to do.

 

They even knew that my only income was incapacity benefit and that my repayments would take all and more of my benefits???

from that they knew I would not be able to afford to pay so they knew eventually that they would have my car,,,,or so they thought, I was glad I logged into this site where I was advised to hide my car which is what I have done for 2 1/2 years.

All this time my car is depreciating in value and once I get advice back from the OFT I will be claiming this as well as for miselling, misrepresentation, breach of duty of care and claiming for personal injury through the stress that this has caused, and if criminal charges can also be pressed I will do this also. what ****.

anyway i hope you get the help you need and are sorted out asap.

A.

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Hi Fluffy

 

I'm starting to smell a rat here...... Fluffy, the first was registered in time you say; then you say the second Bill of Sale was never registered - are you sure of this?

 

Think it through - Bills of Sale are not toys!!!!, they are a legal instrument governed by Law... any loan taken that the lender intends to secure by a bill of sale must be registered.

 

If you have 1,2,3 or whatever number of loans, and the lender wishes to secure the loan by way of a bill of sale - the lender would have to register each individual loan.

 

No bill of sale no security. Full stop!!

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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  • 3 weeks later...
  • 2 weeks later...

Hi, I've been sucessful with my injunction on LBL, Its going to the courts next week! I cant believe hoe LBL have not had there licence taken awy from them - Ive never had a loan with them!

 

Anyway the previous owner had outstanding finance which was paid by her boyfriend. So there was no outstanding finance on the vehicle - look book loans even confirmed this!! Last week, my car was taken away from me from a company called Anglia UK on behalf of LBL - the reason anyway was because the previous owners BF contested the payment, he said he never made this payment, so he got his money refunded.. now they have taken my car!!

 

I brought that car only on the basis that the finance company declared they have no interest in vehicle!!

 

Anyway court case next week.. will let you know how it goes!

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  • 2 weeks later...

Hi, I've just got back from court this morning.

 

A barrister this morning was at the court on behalf off LBL. The injunction on my vehicle is still there - so they cant sell the vehicle, If they do not obey this order they will be guilty of comtempt of court. So now I'm waiting on a date for the full trial…. Wish me luck people!!

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Hi All

 

I've just returned from consulting a solictor ahead of my next court case with Log Book Loans. After running through my side of events and showing her both mine and Log Book Loans statement it seems that the case could boil down to my word against theirs.

 

If this is the case, do I risk going ahead with a 50/50 chance of winning and getting my car back, or a 50/50 chance of losing and being made accountable for both mine and Log Book Loans legal fees?

 

Don't get me wrong, this is in no way me showing a lack of confidence, but as a regular working man, can I afford to lose a car and also foot the bill of large legal costs should this not go my way?

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Then you went to the wrong solicitor.

 

"There word against yours" LBL are well known to the courts & I know who I'd believe Remember Judges ARE allowed to use their local knowledge

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