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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.
       
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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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Miss Muppet v MBNA - *** WON + COSTS ***


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applying 4 sj before supplying cpr 18 info contempt of court re DN oh and the issue regarding my legit request 4 adjounment late filing of docs with me and court anyone got a hammer as im gona nail these ------- tn the floor

Edited by pompeyfaith

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hi MM,

 

This decision is, of course, for you to make. However, if you feel your case is strong enough and their's is weak, take it into court and defend.

 

Send them a letter saying:-

 

"Thank you for your letter of xxdate.

 

I am not willing to accept your offer and will defend against your claim in court."

 

Re the PPI, if you feel it has been added without your knowledge or consent, or if it was inappropriate for your circumstances, reclaim it.

 

I'd suggest you treat it as a separate matter from the court proceedings. Start a thread in the PPI forum for this aspect.

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Unless they manage to come up with a signed agreement between now and 3rd September, I do indeed see my case as very strong and why have they not got their witness statement in to me on time, because as their representative told me after the dismissal of their summary judgement, people don't often turn up to defend, well this person is in for the long haul!

 

I think you are right about the PPI, this will be a nice surprise for later!

 

Thats the spirit PF, all power to your elbow on Monday!!

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Hi MM

 

Thought that might be the case with the ‘offer’ they made.

 

 

If the DN is defective you should have a cast iron case and this is probably the easiest weapon to use against Optima. They must surely realise their case is weak, and is the reason for their offer.

 

Have you seen posts 314 and 325 by BRW on zhanzhibar’s thread.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman-6.html#post2177953

 

You can also counterclaim for unlawful rescission of contract, £1000 I believe.

 

Regards

SC

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SC as for defective DN you cant get anymore defective than mine oh and they even put the defective one in the court bundle but not the original so they where misleading the court also hehe the judge will wonder why i an smiling when i walk in on monday

Edited by pompeyfaith

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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so i hope to bring good news on the defective DN front this monday PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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SC thanks for the tip about zans thread very informative.

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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applying 4 sj before supplying cpr 18 info contempt of court re DN oh and the issue regarding my legit request 4 adjounment late filing of docs with me and court anyone got a hammer as im gona nail these ------- tn the floor

 

Nail gun would be better, PF - I'm all for speed and efficiency, me:D

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OK Guys and Gals, the saga continues - Optimistic Legal rang me on Monday to see what my reply was to their generous offer. I advised them that I had sent a letter rejecting their offer and then OL said they would have to consult counsel and proceed to court hearing. Rang court to-day to report no sign of their witness statement and they said they had not received anything either. They said the Judge was away this week but I could write in to say that OL had not complied and she would put it before the Judge and would I want him to strike out/dismiss the claim? I said Yes Please! To-day on return from work letter from Optimistic Legal stating that they have received further instructions from their client and as such, they propose to discontinue this claim on the basis that both parties bear their own cost. I have to confirm agreement to this.

 

I presume the above is OK. I assume they will inform the court. I will make sure tho that the court has a copy of this letter. Should I be asking for default removal as well or should that be a separate issue?

 

Anyway, this victory is for my little mate PF, because I used part of his info on the default statement and everyone else whose work I have used.

 

I think I may have a drink or three to-night and when all this is over I will post up the witness statements so hopefully others can be helped - To quote the Clingons "War is more fun when you're winning! Yippee:D:D:D

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Hi MM,

 

If you don't ask, you don't get.

Indeed, do ask them for the default removal as part of the conditions.

 

Remember, you have spent a fair bit of time on this and deserve something out of this for your efforts.

 

By the way............... Congratulations and well done.

 

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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Miss Muppet

 

Your statement from Susan Edwards is very interesting was this a personal reply to you or is this in the public domain..

 

Berty

Live Life-Debt Free

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Thanks everyone, right I'll have a go at the default removal. I will post up my witness statements with all the default info on it but PF's info is on fairyblue's thread, sorry b.useless at linkbacks.

 

No the quote from Susan Edwards came via an extremely nice and knowledgeable member of the Trading Standards Team in my area, poor things I had deluged them with paperwork from various members of the family!

 

I am honestly stunned by the speed of their rollover but I think I really have to thank the Judge who made the order for the 2nd hearing, if you look at the conditions of the order he/she made. I was really lucky with my local court also and got an extremely helpful member of staff to-day who explained everything to me.

 

Cheers m'dears, as they say, laters!

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Hi MM,

 

You could write to OL and seek their confirmation that any adverse data concerning this a/c will now be removed from CRA files. Also, seek conf'n that the a/c balance will be written down to zero.

 

Say if they agree to do this, you will agree to discontinue your defence of their claim. Otherwise, you'll continue and seek costs etc.

 

Then take up the PPI issue separately.

 

Looking good though !! :D

 

 

Oops!! :confused: Made my reply above before I saw the posts on this page. DOH!!

Edited by slick132

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congrats:)

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Thanks for that Slick, I have used that because the bit I had found from Ilanavamp about default removal didn't quite fit my situation!:grin:

 

Its funny you should mention the PPI, I was beginning to feel a bit sorry for them and wondering whether I should still go after it but what the heck I will!!:lol:

 

Thanks Josie, how are things with you?

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Its funny you should mention the PPI, I was beginning to feel a bit sorry for them and wondering whether I should still go after it but what the heck I will!!:lol:

 

You get after them and get back anything they owe you. They'd take you to court in a nano second if they had the doc'ts to do it.

 

:cool:

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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