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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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Response to Egg CCA


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Hi all,

I've just had a copy of my signed agreement from Egg with the usual agreement with a Approved Limit and Individual Limit. I've now drafted a letter pulling in bits from various other letters on the site, and would appreciate some of you giving it the once over to check before I send it to Moorcroft who are acting on behalf of Egg.

 

Dear Sir/Madam

 

Account No: xxxxxxxxxxxxxxxx

 

Thank you for your response to my request under the Consumer Credit Act section 78.

In your response you confirm this as a true copy of the original agreement executed by your Client on the 17/07/2004

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms) means that a court would be prevented from enforcing it under s127(3).

In particular the agreement does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, therefore the court would be prevented from granting such an order by virtue of s127(3)

Therefore, my first request is that you will stop all collection activity for this account, and ask your client to reduce the balance to £0 to stop the balance from being passed to any further companies. As an agreement not containing the prescribed terms is only enforceable by a court, any further collection activity will be viewed as unlawful and may lead to legal action against both you and your client.

Also, I am asking you to remove all defaults issued on this account by you or your client which have been registered with ANY credit reference agency as is required by the Data Protection Act 1984, since these are obviously incorrect as no enforceable agreement exists between myself and your client. Failure to remove these default notices will be seen as you and your client bring in breach of the Data Protection Act 1984, and will be reported to the relevant authorities.

I will give you 14 days to respond to this letter to confirm your intentions in regards to collection activity stopping and also the correction of incorrect data held about me. If I should not hear from you within the 14 day time period then I will begin legal proceedings against you and your client. As well as making my complaint known to the Information Commissioners Office, the Financial Services Authority and any other parties as I see fit.

Yours faithfully

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  • 2 weeks later...

Looks OK. Take advice before progressing beyond this

Steven

 

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Hi again all,

The 14 days will be up tomorrow since I sent the letter at the top of the thread. Just wondering what my next actions should be! Obviously, it will be time to get the Information Commissioners office involved, and the Financial Services Authority. Is there any court action that I can take, or maybe get in touch with Watchdog on the BBC?

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Hold your horses;

whoa, hold them back!

 

Have Egg supplied you with the inception terms and conditions?

Was there any PPI on the account?

 

AC

Yes,

I've got the inception terms and conditions, there wasn't any PPI on the account...well, I can't see any on the form, and don't recall any amounts being deducted for it from monthly statements.

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  • 1 month later...

Hi, unfortunately not. Although seeing as I've recieved no further hassle from Moorcroft in regards to it, at the moment....they are the least of my worries!

 

As soon as I see off Mercers and Barclaycard I'll be able to spend a bit more time sorting the whole Egg business out!

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