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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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Welcome Finance Help Please :(


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Have you got a copy of the judgment Matt ?

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

 

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Any copy of the default notice either ?....

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.

 

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The Statement Of Needs

 

Did You Sign It

If You Did It Appears Welcome Are Learning From Past Mistakes

 

As 42man Has Asked

 

Do You Have A Copy Of Any Default Notice

 

Post It Up Please As Important

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Hi Matt

 

Ill Get Back This Evening With Some Sugestions

 

Welcome Are Going Noware With This As The Default Notice Is Crap

 

All You Are Liable For Are Any Arrears Up To The Default Notice, Thats It, No More

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I don't think Welcome have actually terminated the loan agreement. They never sent me a Termination Notice and are still sending me regular statements. Makes me think they've been a little bit cute over this.

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The default notice is incorrect as postgg correctly says...it has to state a date it can't just say 14 days....!!! This thread here should give you an idea - apologies if you have seen it already - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html - send off the SAR asap....if you made payments against the default notice they could possibly issue another IF they haven't terminated....

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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"if I made payments against the DN"

 

Not sure what you mean by this. I can tell you the only payments made after the DN were what the court ultimately ordered me to make.

 

I just made a discreet fishing phone call to Welcome under the guise that I wanted to settle my account with them. The woman I spoke to confirmed that the agreement is indeed still in place.

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Hi Matt

 

Welcome Talking Pure Crap Again

 

How Can An Agreement Still Be In Place If You Have A Ccj Against It

 

To Get A Ccj, An Account Needs To Be Terminated, By A Default Notice

 

As Its Subject To A Ccj, Have You Decided Yet On A Set Asside Application

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Hi all, thanks for the help as always.

 

I'd like to go ahead and give Welcome another leathering. I'm just deeply concerned about the agreement still being in place. I've been reading that because they've demanded full payment early, they have terminated the agreement by actions. Is this true? Could anyone point out some precedents to set my mind at ease? The last thing I want is to get the CCJ set aside only to find out they can come again for the money because they didn't terminate the agreement.

 

Also, how long do I get to clear the arrears prior to DN?

 

EDIT: Also going to need help with N244 form, Thanks :)

Edited by MungryMatt
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A termination notice following a duff DN is just one way of establishing that the contract was repudiated. Demanding full payment without a valid DN is repudiation, as is commencing proceedings without a valid DN.

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Hi all. Managed to get CCBC Northampton to email me a copy of the POC. Here it is in all it's glory:

 

THE CLAIMANT'S CLAIM IS FOR THE SUM OF 3326.38 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER A REGULATED CREDIT AGREEMENT MADE IN WRITING BETWEEN THE DEFENDANT AND CLAIMANT UNDER REFERENCE XXXXXXX THE DEFENDANT HAS FAILED TO MAKE PAYMENT IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUM OF 3326.38.

 

Hi - this bit above is their claim details - has it been heard and judged? If so you have something like 14 or 28 days to apply for set aside from the date of judgement - pls correct me other caggers if wrong - i had a judgement set aside before so will post you my particulars used on the N244.

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Hi - heres the Court Procedure Rules re set aside - make sure you get the DJ to add that this same action may not be brought back into court on the same evidence to avoid the restoration of the claim by them - in our case we also had the costs order in their favour overturned and a new costs order made against them for us!

 

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

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  • 2 weeks later...

Hi - not sure what the grounds are in this one - we didnt even have an agreement so my particulars of defence are pretty useless to copy out. Think you just have to set out the points that are wrong - the failings in the procedures etc re the default notice, do this in Part C of the form and attach it as another sheet if not enough room. Hope this helps. :)

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  • 1 month later...
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