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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Repossession Query - Please Advise...


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Hi everyone,

 

First time on here so hope someone may be able to offer me some advice.

 

My partner and I have a mortgage with Kensington which is in arrears by approximately £3000. We have been in arrears on and off for the last 15 months or so due to my partner having been made redundant. We can't claim interest payments (as far as i know) as a) we only have an interest only mortgage and b) my salary means we are not entitled to anything (£14500 pa).

 

Each time we have gotten in to arrears they have sent us paperwork sayin gproceeding with court etc. Each time, we have managed to get our arrears to within 2 full payments and they have ajourned the court hearing however this time, things have been a a lot worse and we have had a lot of unexpected things happen which im not going to make excuses about and certainly wouldn't expect the mortgage company to give us any slack for (partners brother died and we had to pay towards the funeral, mother got taken into a care home which we have to pay for etc etc).

 

It's been since October that we started missing payments and we hadn't heard anything from them by December (usually we get a letter straight away saying missed payment, recommencing court etc) so we started ringing them. Each time they said they couldn't come to a payment plan because court proceedings were going ahead and we had to wait for that. We still hadn't heard anything by middle of last week so rang again. This time we got to speak to a manager and explained our situation. We told them that due to the mortgage amoutn monthly dropping drastically (originally it was £730 and has now dropped to £385 with all the interest rate cuts) we could afford to pay £600 per month but we couldn't afford to repay the arrears. They said that they had to send us an income and expenditure sheet to fill in and as long as we maintained the payments BEFORE we go to court (we still haven't had anything regarding this yet although Kensington say they asked the sols to start proceedings in October) they will adjourn it for as long as we keep to the payment plan.

 

I'm really confused as to what to do as we don't have anything in writing from them ref agreement to the payment plan. Do we send the I&E back to them (have posted this today) and wait for them to respond or do we start making the payments? To make things worse, i had a couple of payday loans which we used one month in september to make the lump sum payment to avoid court and the payments have been crippling us so i have tried to make an agreement with the 2 companies involved to pay reducedpayments. They are having none of it and just keep taking money from my accoutn all the time. Its making me very stressed out as once again i was paid on Friday 27th and they took £179 and £120 respectively out of my account straight away. I have rang both invovled to try and come to a payment plan but they have said no and also said that as part of the t&c's that i agreed to when i took the loan, if i miss a "normal" payment they can apply to take whatever amount they want, whenever they want and as frequentyas tehy want off y debit card until the full amount is repaid. I feel like literally as soon as i put money in the bank, someone takes it out. Ihave spoken to the bank about this and they ahve said that there isnt' much they can do as if i owe them the money (which obviously i do) then they can'tdispute the payment from the banks side.

 

We can't afford to make a payment of £600 this month if they are just going to knock this off the arrears and still take us to court. Lots of people have advised if we go to court we will probably get a suspended possession notice to repay the arrears. Does this last forever or is it just until the arrears are cleared? I'm not intending to miss payments in the future but my feeling is that once we are in that order thing, for the rest of the 23 years we have the mortgage, if we are ever a day late we will have repo people knocking at the door which is not what we want.

 

I suppose my questions are:

 

- why have they taken so long to take us to court

- do we wait for them to confirm the arrangement after the i&a we have sent or should we try to get some money together to make this months payment (due tomorrow)

- as my partner is out of work, are there any benefits we could be entitled to (we get £289 tax credits but thats it)

- i've heard people mention the new government scheme - how does this work and would we be eligible?

 

Ok, i'm really sorry to have waffled on for so long (waffling is my speciality) but i really need some knowledge on this as neither of us are sleeping at the moment because of the sitution and it's making us very ill. I don't mind going to court if i can be sure that they will agree to us making the £600 payment to clear the arrears and once thats done, thats it the order is over but if its long term, id rather try and find the monye from somewhere before going to court although i haven't a clue as to how i do this !!!!!!!

 

Look forward to your resonses

 

Shell

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Hi there, I'm sorry to hear you are in this situation. Regarding the payday loans - to be honest the only way to stop them taking money out of your account is to ask your bank for a new debit card (you could say you have mislaid the current one) - do this tomorrow!! as it will take a few days for the new card to come. You can then write to the payday companies offering to pay a small amount each month to clear the balance, and we'll deal with them later - paying your mortgage to keep the roof over your head is more important than payday companies no matter what they tell you !!

 

Regarding the mortgage - did you send the I & E back to Kensington by recorded delivery and did you enclose a covering letter? Also, did you keep a copy of the I & E?

 

I understand that Kensington have set up a new team to deal with arrears and they are supposed to be much more helpful - were you given contact details for this team?

 

In the meantime you should continue to make whatever payments you can and if they do issue court papers we can deal with that. If you do get a suspended possession you can apply to the court to have it cancelled once the arrears are paid - or you can ask the judge at the possession hearing how long it will last and he may set a time limit there and then.

 

If you can answer the above questions we can take it from there....

 

Kind Regards

 

Ell-enn

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Hi,

Thank you for the response.

 

We did put a covering letter in with the I&E explaining the whole situation and asking them if they could consider our offer as we desperately want to stay in our house and can now afford the payment with the interest rate cut etc.

 

We haven't received a response as yet - will they ring us or write to us do you think? Still no court papers.

 

Re the payday loan companies - one of them has accepted my offer of £5 permonth as i sent them an I&E also. The other one, quickquid.co.uk have rejected offers of £5 and £10 but offer no alternative, just put on email sorry, qq cannot accept this offer and normal collection methods will continue until the account is repaid. I have spoken to my bank ref cancelling my card and they said that as its a recurring payment, once i've given the company my debit card details, it doesn't matter whether that card is cancelled so makes no difference. I cant' understand this but they said once i've given them the card details and authorised them to take money out using it its like an open door. I'm scared to keep money in there now as they have said they will just keep trying it whenever they feel like it and for whatever amount they like until the account is repaid in full. Not being able to keep money in my current account is anightmare as i have dd's coming out etc which i'll get charged for if the money isn't in there but i have to keep transferring money into my savings acc (i can do this instantly online) and then just transferring it into my current acc if i need to withdraw or if i know a dd is coming out and hope the dd is paid befor they try to take it.

 

Do you think we should ring Kensington and ask for the special team so we can see what they say ref our offer. We are worried because we spoke to them before payday this month and asked if the ywould accept the offer and tehy said yes subject to completion of the I&E and as long as payments are made prior to court date, court will be ajourned. Problem is as these payday people took the money out and we wern't expecting it we didn't have enough for this months payment and if we ring now and say they agree to the paymetn proposals, we are in effect breaking it straight away. We thought if we sent the letter in and then it took them a week or so to respond, it would be reasonable to then start the payments at the end of this month when we have all agreed. Really don't know what to do now !

 

Thanks ever so much for the response though i am starting to feel a bit more reassured !!!!!!

 

Shell

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OK, ring your bank and tell them you have lost the card (I don't know what they're on about - if you cancel your card and get a new one it will have a different number so the payday companies can't take money with it).

 

The other option is to open a "parachute account" with another bank to have your wages paid into and direct debits taken out. I know it's a pain, but apart from cancelling your card it's the only way to stop them.

 

Ell

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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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Hi Ell, thanks again. I've spoken with the bank and explained that and also said if cancel card surely they can't take the money out. They said (i spoke to 3 different people on 3 seperate occasions to ensure it was right as i couldnt' believe it the first time), with a recurring payment, once you've given authorisation for the debit the first time, it doesn't matter what card is used, it's the account details that are used to authorise the payment. My response was - so if i paid at asda for my shopping one week and the next week my card got stolen and someone tried to pay at asda for stuff again would it be accepted. The response was no, because they can tell that its a payment thats being made with you there in person and asda wouldnt be a recurring payment. When you have authorised a recurring payment with someone, the authority comes from you for them to debit the account, using the card is just a formality. I know ths is true as i remember losing my card some years ago and had a magazine subscription that i paid using my card and the ycontineud to take it even though i'd got a new card. I had thought that i owed them money because of them not being able to take it but when i rang them they said no, still been able to debit account.

 

I know its ludicrous but apparently, i can ring the debit card disputes team and they will hold the payment whilst they investigate. They said that when they contact the company, if they can prove i owe them the money they haveno choice but to continue with the payment! I have another account i can get my wages paid into however i'm on thin ice with my bank as it is and its a really good account so i dont' want to annoy them further by not putting my wages in every month ( have a reducing overdraft which also decreases each month on my payday so this would be difficult to manage).

 

Do you think i should contact kensington to see if they have accepted our offer and if the 27th April is ok to start. part of me wants to do this as it would be an absolute weight off our minds but the other part doesn't as if they say yes, already agreed but you have once again not stuck to the agreement as meant to pay this month. As its only fairly early on in the month they may say if pay this month they will set up the agreement and i can hardly explain to them about the payday people as its not their concern is it. God, will be glad when all of this is sorted one way or the other and i'm really sorry to keep going on - waffling is my speciality !

 

Shell

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