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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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MBNA legal action?


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A long story but MBNA wrote to me, after sending SAR and stopping payments to say they would reduce the overall debt by 60%. Much too-ing and fro-ing and eventually, they called me to say they would reduce the overall sum by 80%! I called the day following to accept the offer, they said it was no longer available but didn't have an explanation why. Strangely, they sent out a letter a few days later saying the offer was open until X date (which was 6 weeks ahead), so I called to accept the offer again, and again they said the offer was no longer available.

 

In the meantime, they "sold" the debt to Experto Credite who harrassed the living bejesus out of me. Said the offer with MBNA was no longer valid etc. etc. I inivted them to take me to court, they still haven't months later.

 

I also took some legal advice from a solicitor who said that I should write to MBNA with a conditional offer clearly setting out what I believe the legal position to be ie. they were in breach of contract when they made an offer which I accepted but they then withdrew when I accepted it, whcih i did. The offer had a cheque attached to it, it was clearly marked that if they accepted the cheque, they were accepting they were in breach and the matter was settled. They banked the cheque.

 

Experto continue to harrass me (8 calls from them in one morning over 20 minutes) which i now just ignore, or say take me to court and put the phone down! I have written to MBNA a few times since they claim to have sold the debt setting out the legal postion and asking why they did, X, Y and Z. They basically ignore my requests, come back with something very vague and irrelevant etc. The last couple of times I've written to them, I say that if they don't respond within 14 / 28 days, I'll refer to FOS and / or take legal action. they always reply with a day or two to spare!

 

So, questions are :

 

1. Should i refer the matter to the FOS - that is likely to take months though, right?

2. SHould I take legal action against MBNA for breach of contract? If so, is that small claims and can the court remove the default on my record?

3. Should I take out an injunction against Experto for harrassment? If so, how?

 

Any other advice gratefully received?

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Hi

 

Sorry to hear that you are getting harassed by MBNA. I too am being harassed by them and have appointed a solicitor to try to get them to behave. I'll post a copy of the letter on harassment online when my solicitor writes it so that at least it will not cost you anything to put in a claim for that. MBNA keep phone records. If you do a data request they will send you proof that they have called you and when they called you etc. Their records do not appear to include all of the calls that they have made but the number of calls that they make is so excessive that my solicitor has said that their records alone would prove harassment in the courts.

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