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    • 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
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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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I just don't believe it!!!!!


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:mad::mad::mad::mad::mad::mad:

 

I cannot describe how angry I am - I will try to keep it brief.

 

We have recently had to sell a commercial property we owned in order to satisfy a personal guarantee we had given Lloyds for our Ltd. Co. debt.

The sale price agreed did not fully cover the total amount outstanding (i.e. mortgage plus amount owed by Ltd Co. ) but we reached (or so we thought ) an agreement with their securities department that they would accept the net sale price ( net = after deducting estate agent and legal fees).

The sale was completed at the end of August but have just received statement of the mortgage account and discovered that funds were not transferred until some two weeks after they were in receipt of the funds and of course they have applied interest up until that date.

Best of all though, they did not transfer enough of the sale proceeds to satisfy the mortgage debt and have simply helped themselves to the difference from another account we have which just contained the VAT element of the sale proceeds, placed there by our solicitor.!!!!!!!! :eek:

 

It appears that what the b...'s have done is to repay all the Ltd Co's debt first leaving a shortfall on the mortgage and in doing so have completely dis-regarded the agreement made between us. Yes, we have this in writing and have informed our solicitor of the situation. We know they were legally obliged to repay the mortgage first before any other charges secured on the property but they have chosen to ignore this.:mad::mad::mad:

 

Spoke to account manager at branch, he denies all knowledge of arrangement with securities dept - don't they communicate?????

 

So letter being d'xd by our solicitor as I write requesting prompt return of funds etc. etc. They flippin well better do it as I have a VAT return due at the end of the month.

 

Sorry, can you tell I'm angry?!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just to update:

 

Man at securities dept denies making any arrangement and insists we (including our solicitor) have mis-understood what he said and what he has written and we did still owe them some money which is why the transfer took place. :eek::eek::eek::eek::eek:

 

Man at branch says I gave his colleague verbal authority to transfer the

monies - did I heck!!!! :-o:-o:-o:-o

 

Looks like we have a fight on our hands as well as a looming VAT bill.

 

Opinions would be gratefully received.

 

Perhaps this needs to be moved to the Lloyds or Legal forums?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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So.........................., had meeting with account manager at branch this morning who very kindly offered us a loan to pay the VAT bill !!!!!!:shock::shock::shock:

 

Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!

 

Has basically closed ranks with the man at securities dept however, he did concede that if he were not a bank employee he would have read the information as we had !

 

Have meeting with solicitor tomorrow, lets see what he has to say but meanwhile, would very much welcome any further advice/comments from the experts on here.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Sounds complicated ;)

 

Moved to General Debt Issues, as it's clearly no longer secured, though.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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Whilst they can argue 'change of position' I think you have good case against the bank for breach of contract etc but I suggest you don't seek alternative advice until your solicitor has had a real opportunity to have a go at them.............& their claiming the solicitor didn't understand isn't a good start for them

 

'if he hadn't of been a bank employee he would have had a different understanding' WOT! they speak differently do they.

 

Suggest you send them a SAR NOW

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Thanks Car for moving the thread and JonChris, thanks for your comments.

 

They allege that our solicitor's request for written confirmation that they would accept the net sale price in order to satisfy their charge,did not specifically ask them to confirm a 'full & final' ?!

Their response to that letter was ,quote: " I confirm that on receipt of the net proceeds of a sale at £****k, I will release the charge."

 

As their charge encompassed the mortgage and the debts of the Ltd Co, how would you have understood this response, bearing in mind, there had been verbal discussion beforehand.

 

Will update after solicitor's meeting tomorrow.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just had a thought re. this comment -

 

"Says that because I enquired as to why the mortgage account had not been repaid at the point of sale, that that was authority enough for them to close the account and make the transfer!"

Do you think that if I telephoned them to ask why there wasn't a milllion pounds in my current account that they'd transfer it in from elsewhere?:rolleyes:

 

Probably say it doesn't work that way round!

 

Sorry,just being facetious. :p

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Just back from solicitor. Short and sweet, bank doesn't have a leg to stand on :D, but it probably won't be easy to get them to admit fault. :mad:

 

Meanwhile, they've still got the Vat man's money!!!!

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Good fluffy I suppose your solicitor will be telling the bank (in writing) that they will be held liable for any fines, costs, losses and damages incurred as a result of their unconscionable behaviour

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Hi JonChris,

 

I'm sure he most certainly will - didn't take too kindly when I relayed their comments about his ability to understand their letters and had a good old laugh over their offer of a loan to pay the Vat man!!

 

Just hope we're not in for too bumpy a ride.

 

Thanks for your interest.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 2 years later...

"just hope we're not in for a bumpy ride".

 

Famous last words I'm afraid!

 

So here we are, two & a half years later, no further forward. Just wanted a few opinions as to wether this is worth pursuing.

 

To update:

 

Lloyds refuse to admit any wrong, deny that any agreement had been made and won't remove the charge on our home even though we owe them nothing!

After much letter writing we finally took them to court in March last year and obtained an order forcing them to disclose all info they had. In short, they have sworn an affidavit stating they have nothing in writing to prove their stance, but equally, aside from the letter mentioned in posts above and a sworn statement from the person who acted on our behalf to agree the settlement , neither do we. Is that enough? Their solicitors did offer to remove the charge if we

agreed not to pursue the case. Rightly or wrongly, we declined and things have been left in limbo since as it was just taking over our lives to the

point of illness.

 

We are in two minds over this, part of us wants to just leave it and move on but it continues to invade our lives from time to time and we think if theres a chance we still have a case, why should they be allowed to get away with it!

 

Thanks for reading.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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If it were me, I would not give up. You have right on your side, and I know that does not mean you necessarily would win, but why let them just get away with it? If they have an affidavit that states they have nothing to prove their stance, you can also swear an affidavit regarding your position. I know these things are stressful, but I say do not give in, you go for it :)

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At the end of the day it depends on whether you want to or can afford to keep at it with the possibility that if you dont win you would have to pay the banks costs. The bank are wrong but it isnt an easy thing to proove, in some ways I would be inclined to accept the offer to remove the charge (but only once verything is in writing very clearly) and move on, after all this time it is vurtually stalemate and do you need the hassle.

If I have been of any help, please click on my star and let me know, thank you.

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Thanks both for your thoughts. Cost of pursuing this is an issue - have we left it too late to refer to FOS. Would it even be worth it?

 

(Just to add, the sum involved is not a few hundred but several thousand! :-/ )

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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This is a "your word against mine" situation and one that is impossible to call because it will just boil down to who the judge believes on the day of the trial, which is a total lottery. You need to do a deal, and so does the bank.

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You make a very valid point Gaston Grimsdyke, but there are two issues really.

 

1. Do we have enough evidence to prove that a settlement was agreed?

 

2. If there was no settlement agreed then was the bank entitled to take funds from another account to repay the mortgage on the property? Let's not forget that the only funds in this account was the VAT element on the sale of the property. What would have happened if those funds weren't t there?

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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  • 3 weeks later...

Update:

 

The matter is now with the FOS and we await their adjudication.

 

Meanwhile though, we are still receiving all sorts of threats from Drydensfairfax re. the unpaid vat. Have asked for their patience while the FOS investigate what is, I assume, an unusual and serious case. i.e.misappropriation of funds by the bank.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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