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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 - illegal repo in contravention of section 92 and unfair relationship ** WON **


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as well as some people on here being determined to make CAG an unfriendly place where other people's opinions are not welcome, but hey ho that's another story!

 

So what is the story ? I`ve been absent for a while my self and have been hearing rumours of things not being quite right. May be you can`t say here but I`ve been reading OTR, and have found things there very interesting indeed!!!

 

Good Luck Wanna.

 

Cheers Mark

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You've never been 'trolled' ? !!!! Thats a disgrace, you are a valuable member on this site. !!!!

 

hmm, it seems the solicitors are not much better than welcome lol

Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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  • 1 month later...

Hello all, it's been quite some time since I last posted here so I thought it was time for an update, also I wouldn't mind a bit of advice!

I've got a CMC coming up shortly and I was hoping somebody could advise on what to expect. To date they replied to my amended claim by instructing Cleggs who then submitted and amended defence and counter claim. They have failed to submit their witness evidence, due 26th Nov and have replied to my 'pack' with "well we've only recently been instructed so don't really have the foggiest of what's going on and so at the CMC we'll just get directions for trial"!

 

I'm so annoyed at their blatant time wasting exercises but also a little bit smug that Cleggs are trying to drag this on and it'll be costing welcome a small fortune 8-) At the Summary Judgment hearing their rep made it clear they wanted a CMC to enable time for 'liaison and negotiation', none of which has been forthcoming in the last 4 months! Their defence, counter claim and some sort of 'template' WS from Mr P are the biggest load of nonsense that was ever written! They have denied things that I have already provided evidence, contradicted themselves, failed to adhere to the Judge's directions and now they have admitted that a commission was paid to the broker but the amount received for the sale of PPI was never more than 2%!! Irrespective of the fact that I have an underwriting sheet that shows PPI commission at 58% of the total commission, notwithstanding of course that they already denied there ever was any commission!!! :mad2:

 

Does anyone have any idea of what a Judge can do at a CMC? I know it's too late for me to apply for a strike out but could it be possible that a judge might agree that would be the best option to manage the case if I decide to make certain subtle hints??

 

All opinions gratefully received :madgrin:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi wannabedebtfreesoon!

 

I have spent all day reading all 75 pages of your thread!

It has given me so much food for thought. My partners car was repo'd on Tuesday under similar circumstances as you- without a default notice and off private property.

I am currently writing the Letter Before Action and thought yours was excellent.

 

 

I was wondering whether, in hindsight, there would be anything that you would omit or add to yours?

 

Was there any other source, apart from CAG that you found particulally useful and do you know of any past judgements which may be helpful to use?

 

Do you have any further news on your claim?

 

 

Im so inspired by your determination to go all guns blazing against a big company. Hope you dont mind me picking ur brains :-)

Thanks Kx

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Hi wannabedebtfreesoon!

 

I have spent all day reading all 75 pages of your thread!

It has given me so much food for thought. My partners car was repo'd on Tuesday under similar circumstances as you- without a default notice and off private property.

I am currently writing the Letter Before Action and thought yours was excellent.

 

 

I was wondering whether, in hindsight, there would be anything that you would omit or add to yours?

 

Was there any other source, apart from CAG that you found particulally useful and do you know of any past judgements which may be helpful to use?

 

Do you have any further news on your claim?

 

 

Im so inspired by your determination to go all guns blazing against a big company. Hope you dont mind me picking ur brains :-)

Thanks Kx

Hello and welcome to CAG! Thank you for your kind words I really needed that today :!:

 

I am actually in court with them today for a Case Management Conference so will know more about what's what later this afternoon.

 

When it comes to doing things differently yes I would do a lot differently! I was lucky in that I got the opportunity to amend my claim so could go back and do things differently.

I really could go on for a lifetime about the ins and outs of a case like this because it is phenomenally complicated and the issues are endless! The bonus is that, today being a year to the day that they unlawfully removed my precious car, I have been through the mill with every eventuality that could possibly have presented itself and am more than happy to spread the word to anybody that might find it useful :-)

 

The one thing I would say to anybody considering taking on a case like this is to be prepared for a very long drawn out and draining journey, this has taken over my life for a lot for months and I've only recently been able to regain a bit of life! I suppose it depends largely on the creditor, unfortunately welcome have been overrun with arrogance and stupidity and now we are in a situation that has escalated out of all proportion and is very dangerous for them. They picked on the wrong person with this because the money means nothing to me I'm out for justice, so they are going to struggle if they think they can bung me a few quid on the court steps and I'll quietly go away!

The majority of 'normal' creditors will not want this to go to trial because a judgment against them would result in unimaginable losses when other people come forward having had the same situation but were unaware of their rights and it would also prevent them from preying on the naivety on the 'average' consumer and continuing this unlawful practice!

 

I have to go get myself ready for court now but if you start your own thread with as many details as you can I would be more than happy to help in any way I can.

 

Thanks for reading and many thanks for your support, it is greatly appreciated! :lol:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I sincerely hope that a wrong will be righted through the courts and that you come out smiling and on top of the world!

Thanks Surfer, it's not over yet- the matter has been listed for trial as expected. I must admit that I am quite smiley! The waiting room debacle was more entertaining than the actual courtroom issues :wink: it appears they are suggesting that the amount paid on the agreement is still somehow relevant in this situation, (the third rule), when I pointed out that it was irrelevant he mumbled that he would have to look into it and then promptly stormed off lol!

 

Roll on trial, they are not getting out of this now, I won't rest until I have a bona fide judgment against the ********s!!!

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi Wannabe :)

 

I'm glad your still pursuing this, not that you'd ever give up :) just thought id bang in some more moral support and that I'd like a mention in the forth coming book after this saga is over. lol

 

Wish all the best with the trial, I know you'll keep us updated.

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Thank you, all moral support is received with thanks!! :wink:

 

I must admit I do have moments where I wish it was all over but they are very fleeting and then I remember why I started this in the first place and I know I will never give up. I have the most amazing book on my side and the more I read of it the more confident I become, the only decision I have to make is whether to employ a barrister for the trial or continue it alone... all opinions gratefully received :wink:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Guest repo threat

Hi Wannabe

 

you don't need a barrister for an appeal to a county court judgement. I represented myself against Bank of Ireland and like you had to put up with a "bull in a china shop". In my case, i joined the local univeristy law library and spent 3 days solid studying the law of contract, consumer credit law etc. there were highs when i stumbled upon a case that supported my view and low's when i found a subsequent case that overturned the previous one. but heh.

 

wehn it came to the appeal, my opposing barrister, cocky sod presented me with his bill. i wasnt happy

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  • 2 weeks later...

So to date all the witness statements, disclosure, case summaries, schedules of issues etc have been submitted, the only remaining issue is waiting for a date for trial, which I'm sure won't be too long.

I've taken the decision now to enlist the help of a barrister for support on the actual day. I know my case is rock solid and theirs is fatally flawed, but I just can't shake the feeling that I need to put an end to this case with the same disproportionate intimidation that they have used against myself and many others, the only difference now is that the tables have turned and it's no less than they deserve.

I have contacted a highly prominent barrister with specialised expertise in this area and many related, notable cases attributed to him. They will soon find themselves seriously out of their depth :mad2:

If nothing else, I don't see why they should still have the option of settling this with minimal cost to themselves. They have deliberately dragged this out for over a year knowing they were in the wrong but hoping I would give up, and putting me through a lifetime of grief. I can't imagine a £750 an hour barrister will be content with 'bearing our own costs' :madgrin:

Time to bring out the big guns and put an end to this once and for all :-x Sledgehammer to crack a nut springs to mind :!:

 

Thank you to everybody that has given their support in helping me get this far, hopefully it won't be long now before this is well and truly put to bed.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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All the best and please keep us updated as would love to know the outcome.

It will be my greatest pleasure :lol:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Likewise i wish you all the best - and hope to hear of a happy outcome.

 

Welcome desrve everything they get for dragging this out for as long as they have.

 

Im soon to go into litigation with them for a car issue - that again they have dragged out for over a year.

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Likewise i wish you all the best - and hope to hear of a happy outcome.

 

Welcome desrve everything they get for dragging this out for as long as they have.

 

Im soon to go into litigation with them for a car issue - that again they have dragged out for over a year.

Thanks very much :madgrin:

This is what they do, drag it out and hope you'll get intimidated and give up. It's seriously backfired on them this time :mad2:

 

As long as you are prepared for a long drawn out and bloody battle go for it! It's the only language they understand :lol:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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That's Game,set & match to you IMO:madgrin:

I really hope so! I'll know more when I've spoken to him, he's due to call either today or tomorrow.

I would think that if such an esteemed professional agrees to take on my case, he would only do so if he truly believed there was a more than average chance of success.

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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  • 2 weeks later...

Nooooo, it can't be...I've just read all 76 pages in one sitting, and it's still not resolved?

 

When you win (when, not if) could you submit expenses for wear and tear on my chair and damages to my posterior? :lol:

 

I wish you all the very best with this, and please, please post results- though to be fair, from what I've read so far, I don't think there's much chance of you not :)

 

Makes me want to major in consumer law now, not conveyancing- don't hate me...

 

Ttfn,

 

Kyt

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Nooooo, it can't be...I've just read all 76 pages in one sitting, and it's still not resolved?

 

When you win (when, not if) could you submit expenses for wear and tear on my chair and damages to my posterior? :lol:

 

I wish you all the very best with this, and please, please post results- though to be fair, from what I've read so far, I don't think there's much chance of you not :)

 

Makes me want to major in consumer law now, not conveyancing- don't hate me...

 

Ttfn,

 

Kyt

Thanks for your support :-) I know it's been dragging on for a truly ridiculous amount of time! Not much longer to wait now, just had the letter through from court and the trial window has been set for 4th-22nd April. Fingers crossed for the 11th, I'd love a day out on my birthday :madgrin:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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  • 4 weeks later...

I have just had a very interesting email from a barrister :madgrin: I sent a copy of the papers in and after reading them the barrister has said that she thinks I have a very good grasp of the issues involved and have 'clearly' had assistance in preparing my claim! In view of that she thinks I may 'prefer' to continue on as a LiP and not bother with legal representation :???:

I don't think I'm entirely sure what she means but I've replied anyhow saying that, even though I do have a good grasp of the issues, I would still rather have some support on the day.

 

I don't really know what to do now, I'm a bit confused! I think I'd still rather have a professional there with me, just for moral support if nothing else. The date has been set for 8th April in a different court to the one I have been going to, the nice thing is that it's at least a 2 hour drive from Nottingham 8)

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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lol but knowing the way this has gone so far, they'll probably not bother turning up!

I doubt they would do that ha ha! Not now they've put it in the hands of their 'lawyers', (and I use the term very loosely!).

They even went to the effort of getting a report from Land Registry to find out who actually owns the property :madgrin: They really don't know their bum from their elbow, especially because the law quite clearly states "...from ANY premises..." and "...or that of a third party without the consent of the debtor or hirer..."

All the land registry reports in all the world that could show the property was owned by the man in the moon won't change the fact that they didn't have MY consent OR a court order :mad2:

Even so, that's not going to get them out of mis-selling PPI, secret commission and a default notice sent after the repossession!

 

33 days to go.....:lol:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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  • dx100uk changed the title to Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **
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