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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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I wonder if someone can offer some advice please? I have lots of debt but have not been threatened with a bailiff before, so don't know what to do here.

 

I have CCJ against me from Egg (Bryan Carter) but the judgement was for MUCH less than the actual debt was for, as Carter got a CCJ for costs only - I understand this means once I've paid it off I cannot be CCJ'd for the remainder of the debt. So I DO want to pay this.

 

But I have had a warrant of execution today by post from my local magistrates court asking for £173 by next Wednesday or a bailiff will call. This is more than I can afford in one go. What do I do? Can I phone the bailiff and offer to pay £60 a month for three months, which I CAN afford, or won't they allow this? I CANNOT have baillifs calling at my house as I live with someone who is very unwell at the moment and who is often home alone and the stress would be very bad for her.

 

Any advice would be very gratefully received. Thank you.

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Others in the Legal Forum can offer more advice about the nefarious Mr Carter and cohorts. As a matter of interest were you adjudged "guilty" by Default? Did you have any knowledge of the original paperwork and did you acknowledge service of same and did you file a defence or attend the Hearing?

 

You WOE is quite easily dealt with. Form N245 from HMCS website allows you to apply for suspension of a Warrant and to Vary a payment - there is a cost to file this but if you are on certain Benefits or low wage you may be able to claim Fee Remission - this is done on Form EX160.

 

The person dealing with the WOE will be the Court Bailiff and they are a lot more amenable than the others who usually crop up on here. The same rules apply though do not let him in.

 

PT

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Hi there, I have affixed an N245 for to this post, if you need help filling it in one of us will be able to assist. As Ploddertom says, if you are on benefits or a low wage you may be exempt from paying the £35 fee for the N245.

 

When you have completed it, take it to the local court where the warrant was issued from, this will stop any further bailiff action while your offer of payment is being considered by the court.

 

As you will no doubt have read Carter has a habit of claiming for his costs, if you pay this small judgement then he would have great difficulty in collecting the balance.

 

Shout if you need any help.

n245_0204.pdf

EX160.pdf

ex160a court fees.pdf

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As explained on here, you can indeed file an N245 to "vary" the court order and pay £60 per month.

 

However, please do not take this the wrong way as it is only my PERSONAL view. The Warrant is for £173 and if there is any way that you can raise this amount within one month then this will at least mean that the warrant gets cancelled and your credit file stays clean.

 

If you cannot pay within one month, you will have a CCJ on your file for 6 YEARS !!

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I understood that if a CCJ is obtained then you have 28 days to pay it in full to avoid it being recorded on your credit file ? if you don't pay within the month then it is recorded and the creditopr (BC in this case) will issue a warrant of execution to enforce payment.

Surely the CCJ must have been obtained more than a month ago for BC to have enforced by way of a warrant. It usually takes him a couple of months after obtaining judgement before he chases the money, so the CCJ will have been recorded.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Did you attend court, defend the claim? Was everything sent to the correct address?

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Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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