Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 4079 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi telrac :)

 

They are using what is called 'Right of Set-off' which basically means they can transfer money between accounts to settle debts .

 

However there are conditions to be met before they can do this . Have a look at this link and see if you can fault them on any of the conditions ....

 

Right of set-off ...............

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/40/40_setoff.htm

 

 

There is one which you may be able to use as a lever ......

 

"The debt must be due and payable. For example, if a customer misses making a loan payment, then (at least until it calls in the loan) the firm can take only the missed payment – not the balance of the loan."

 

In your case if you have no missed payments , IMHO - they can't do this, because , as you say that is a credit from a different account altogether . They are quick enough to point out that PPI is a separate entity if you're asking for details so you can claim mis-sold policies ........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Thanks Johnny, the link is very helpful and I think supports my case. I'm a Senior Legal Executive in a N.I. law firm and my boss has agreed to sign a letter on our headed paper calling for full rebate of monies and loan account to be restored to previous balance. Will tell them if not sorted within 7 days will be referring to FOS. Will probably end up having to contact fos anyway but maybe this is worth a try..... will keep ya posted!

Link to post
Share on other sites

Happy to help , telrac - go get 'em ! :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Just got further message back from Egg saying that as this was a single premium policy it's not refundable to the customer and has to be paid to the loan account - does anyone know what they're getting at or are they just trying to confuse me?!!

Link to post
Share on other sites

That sounds like gobbledegook to me :rolleyes:. but hopefully aa or someone else more clued up than me can throw some light on it ........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
Just got further message back from Egg saying that as this was a single premium policy it's not refundable to the customer and has to be paid to the loan account - does anyone know what they're getting at or are they just trying to confuse me?!!

 

If it is a single premium policy it is even more mis-sold.( As they have acknowledged).

They are talking garbage about it not being refundable, if you have made all the payments and are not in any arrears or defaulted in any way then they cannot offset the PPI refund against any outstanding balance. As they have agreed it was mis-sold and were prepared to settle on £4,800 then that money if you were up to date with your payments should have been refunded to you by way of a personal cheque.

 

Write an tell them they are not allowed to do this. If they do not reverse their decision then if is time for a serious complaint to the Financial Services Authority and the Office of Fair Trading.

 

You should also seek advice from the legal forums on this issue there you may get further advice.

  • Haha 1

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

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Thanks for the advice aa! Am very fired up about this, especially as have been on another consumer forum where a few other people seem to have come across this exact problem with Egg and as far as I can tell none of them have yet managed to get their money back in their hand although FOS are looking into things in a couple of cases. I notice in my T & C that it states the agreement will comply with laws of England & Wales unless the customer lives in Scotland or N Ireland (I am in NI) in which case the laws of that country apply. I'm now looking at NI statutes to see if I can persuade them that way - i also think this leaves me free to issue proceedings over here (which would be more hassle for them) if it ends up being necessary. Maybe I'm jumping the gun and will give them chance to respond to the solicitor's letter and FOS first but just v determined they will not get away with this! Feel like I have the money in my hand but can't get my hand out of the hole in the tree!!!:mad:

Link to post
Share on other sites

Reply to solicitors letter came in this morning - they are still maintaining they have the right to apply refund to the loan balance and the matter should be referred to FOS if still unhappy. T & C actually say "Except where otherwise provided in this Policy, all refunds of premium and genefits payable under this Policy shall be paid to Us for the credit of the Agreement" Nonetheless my boss (the Solicitor) says this does not apply in a case where the policy is missold as they still should be returning me to the position I would have been in if the policy not missold to me. He has written back stating this and also that a large part of the refund is made up of interest and compensation and it's not purely a "refund of premium". He's also drawn attention to the reference to being treated under NI law if the customer lives in NI and has asked them to nominate solicitors here for service of Proceedings...... will keep you posted!:eek:

Link to post
Share on other sites

Thanks telrac - watching with interest ..... :) . I also believe your boss is right about the interpretation of the T & Cs ..... be interesting to see what a court would make of it ....

 

Haven't you got any friends who are judges telrac ? lol! :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites
Thanks telrac - watching with interest ..... :) . I also believe your boss is right about the interpretation of the T & Cs ..... be interesting to see what a court would make of it ....

 

Haven't you got any friends who are judges telrac ? lol! :)

 

Most of them here you wouldn't admit to knowing anyway!!:wink:

Link to post
Share on other sites
  • 2 weeks later...

An update... Wrote a general rant to a load of consumer champions and copied to Egg. They wrote back 30th july saying that since i had referred my claim to the FOS they would await their review. Rang Egg today for an update and not only was there no change but they said they had no record of having heard from FOS in my case!! I drew their letter 30th July to their attention but still insisted had heard nothing from FOS and file closed! Rang FOS and they were v sympathetic but said all they could really do was send their initial letter again and await the response within 8 weeks..... until I mentioned the letter sent by Egg on 30th July! The guy at FOS then said this constituted a 'final answer' by Egg and asked me to forward the letter and my complaints form and he would be able to deal with this immediately - also implied I should get my money refunded in full and account brought back to it's position prior to them crediting the refund against my loan balance. Hardly dare hope at this stage but keeping everything crossed.... Just shows what an awkward, non co-operative lying bunch Egg really are!! Will keep ya posted ;-)

Link to post
Share on other sites

I would imagine the FOS are able to deal with this quickly as EGG have already been fined a hefty sum.

 

Good result so far though well done.

 

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.

 

Link to post
Share on other sites

Looking good for you. We live in hope that the FOS do their stuff. It could take a while but a 90% uphold on consumer complaints on mis-sold PPI seems ok to me :D

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

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites
  • 3 weeks later...
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...