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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.
       
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      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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Charging Order Not in my name. Advice Needed.


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I have a charging order on my property that belongs to my ex. We have a joint mortgage and an U/S loan running alongside it. I have took responsibilty for all of this and she has walked away. I am unable to sign the house over in my name with the charge in place. She is paying a tiny monthly amount and wants me to sign for responsibility of the charging order too and says she has spoken with the firm involved, she tells me that no interest is being added to the account. I am not keen to do this as i feel i have taken on enough as it is. I am stuck with what to do next. Can i sell the property? What are my options?

Cheers,

Slick244

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In taking responsibility for it I mean I am paying for it. I am also paying for the U/S loan. When i moved out and my ex stayed i payed half. Now she has moved out and was happy to have the house repossessed I took on whole payment. I have spoken to a solicitor about signing it over and this will cost £245 but it cant be done with the charging order in place. My ex wont pay it off. She has a CCJ but that drops off in 18 mths and she has no intention of paying it off.

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Set Asides & Variations

 

These are dealt with under CPR 73.9

You would need to apply to the court which made the original order.

Setting aside a Charging order is usually called “Discharging”, this is under s3(5) of the Charging Orders Act. The arguments for discharge must not have been made to the court previously. Sometimes a creditor may wish to discharge their own Charging Order, as an example they may wish to make a debtor bankrupt., they could still issue a statutory demand even though they have a charge in place (s269 Insolvency Act 1986). You can vary the terms of a charging order via form N245.

 

Worth considering

 

Regards

 

Andy

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Is it right that after 6 years her CCJ is gone but the debt remains in the form of the charging order until it is paid? If so in 18mths she is clear and I have to carry the can as she will not pay it. Seems I will have no choice to either pay the charging order or keep her on the mortgage and she will be entitled to half of the house. The mortgage is a NR together package. If I sold would the charging order come before the loan element running alongside the mortgage?

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Is it right that after 6 years her CCJ is gone but the debt remains in the form of the charging order until it is paid? If so in 18mths she is clear and I have to carry the can as she will not pay it. Seems I will have no choice to either pay the charging order or keep her on the mortgage and she will be entitled to half of the house. The mortgage is a NR together package. If I sold would the charging order come before the loan element running alongside the mortgage?

 

The CCJ will stay forever (well until it's cleared) - it will fall off a credit file after 6 years.

The charging order will stay on her share of the equity untill it is paid.

The charging order would be paid from any sale proceeds, an unsecured debt wouldn't.

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  • 4 weeks later...

Where can i find form N245 and what reasons could i could use for getting the order set aside? Should i have received notification of the CCJ at the time? I thought about checking to see if the amount the order was based on included any misold PPI but it appears that they have already knocked this off the balance of the original CCJ. Can they do this? Many thanks.

Slick244.

Edited by slick244
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Im screwed then. I dont think have any option but to pay her debt off. Thanks for your help.

Slick244

 

The debt should have been resolved at the time of divorce ie transfered to the debtors name/security.As she no longer as any interest in your asset you can ask for this to be looked at again considering the circumstances involved.A set a side is not impossable.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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  • 3 weeks later...

Ok I know its a been a couple of weeks i think there may be some progress made. I have spoken to the lender again and they say that i can sign over responsiblity for the debt and the charging order into my name. Im positive the last time i spoke to them they said i couldnt do this. This is preferable to me because i could then do a change of parties application and have my ex's name removed from the property. She is crying poverty again after just coming back from holiday and is threatening to send an estate agent to the house when im away and put it up for sale. The guy i spoke to on the phone said that i just needed to instruct a solicitor and they could just cross everything into my name. I would be taking on nearly six thousand pounds but to be honest it is worth getting her out of my life.

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