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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Hi, we have a blue CCJ form dated 30/7/10 which we just can't pay for yet as we are awaiting funds.

 

Is there a way I can stop/delay the CCJ from being issued against our company? We should have the funds to pay for this within 2/3 weeks.

 

Is it just a case of speaking really nicely to the supplier? or filling in N9A form?

 

Many thanks

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Usually you would only get 14 days in which to respond to the claim. I would suggest completing the claim form as normal, but just offer a very minimal token payment of around £1-5. You can then always attach a letter explaining you will be able to pay more of a payment within 2-3 weeks. This way, you are keeping them sweet making a payment, to keep further legal action at bay.

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OK.

Does this just hold off the CCJ being issued then?

 

Sorry, it's all new to me and trying to not get any CCJ's against the company as we are trying to get a loan from the bank to aid in our current cashflow.

 

Thanks for your help

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OK, have been reading up on it and it looks like the best way is to file an acknowledgement of service.

 

This way it will give me a bit longer to get the money in and pay off. Is this what you mean by "completing the claim form as normal?"

 

If I did the minimal token payment (Debt is £9k) there is a chance they will still issue CCJ against the debt. Is my thinking correct?

 

Many thanks

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Hi

 

I mean to aknowledge the debt, complete the income and expenditure/debt section of the blue form, and offer a token payment where is states offer of payment of whatever you feel you can afford at the moment. Sign, date and then return to the court/solicitors. Aknowledging the debt, and paying them something will keep them at bay for a good while. There is still a chance they can come back and state that they do not want to accept the payment, but in the meantime, you would have got your money together to make a more substantial payment. If you ignored, didnt complete the claim form now, within the 14 days, they would probably go straight for further legal action which obviously is not wanted.

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need to double check but up here if a decree (CCJ) is granted and if you then pay that within 28 days then the decree (CCJ) is not logged (as though it never happened).

 

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Thanks for your help guys, really appreciate it - especially quick responses as I need to do something about it today/tomorrow at the latest.

 

I did come across this which worried me in case I admit the debt and they issue ccj anyway (From http://www.hmcourts-service.org.uk)....

Where the defendant admits all the claim asking for time to pay, he should notify you direct and should usually do this using the form (N9A) served on him with your claim.

You must decide whether you are willing to accept the terms of the defendant's admission. If the defendant's offer is acceptable to you, you may request judgment by admission through Money Claim Online by selecting the Judgment Start option.

I understand that I can get it removed once paid within 28 days but the bank are currently looking at giving us an increased overdraft limit and therefore if ccj issued has completly scuppered us.

 

Therefore I still think the only way of delaying is to hit "acknowledgement of service" thus giving me until 28/8/10 to decide what to do.

 

Many thanks

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Sorry to be the bearer of bad news, if you are a company, installments would not be allowed. ie You offering to pay them at x amount per month, unless they agree to it. The court would not as it is not a personal debt.

 

If you get a CCJ and can pay it off within the 28 days, then you can get a certificate of satisfaction and it would also be removed from your credit file. Be careful though, as some creditors would send in a HCEO within a few days of obtaining a CCJ against you.

 

If you know you can pay the debt in full within a couple of weeks, speak to the company and ask them to hold off taking any further action subject to the payment being made on x date. Some companies would do this others may not.

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Yes, I agree - best to speak with the company or solicitor, and explain your situation and explain you will be able to make a substantial payment within the next 2-3 weeks and see what they say and if they are willing to accept a smaller payment in the meantime.

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