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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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Help - Nationwide trying to stitch me up at court!


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A few months ago I made a SAR. They refused to send it to my home address for 'confidentiality and security' reasons and insisted sending it to a nearby branch instead. After realising I would get nowhere complaining, I picked it up today. It consisted of loose papers and a cd inside an opened plastic postal bag. The cd is so scratched it doesn't play properly. So much for their security and confidentiality!

 

Anyway, it doesn't contain a copy of the original agreement - just page 5 (out of 6) of the application form (so they claim) with my sig on it. For some reason they say they can't find the other 5 pages? I have never made a S78 request as I made a full CPR request prior to proceedings commencing. They have never responded to that request. Can they do that?(claim is under £2000)

 

N

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More recently they wrote to me stating they could not find the original agreement (part of my defence) but instead had a recon, quoting Carey etc

- Does the Carey case mean they can actually get the agreement enforced in court, as they are claiming?

 

Am working on strike out application - hope to finish this evening and will post draft first.

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At last - after a few distractions - here is my first bash at the case for a strike out application.

Strike out application.doc

The bits highlighted red are those which I have done but am not sure about - advice please!

The highlight in green at the end is the bit that summarises my application - is that necessary on the AQ?

I haven't mentioned the agreement. I'm still not sure whether or not the recon they have supplied enables them to enforce the order at court, or does it merely satisfy Sec78 CCA?

 

Thanks for all the brilliant advice - couldn't do it without this great site!

FTOTB

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It looks fine to me . You wont leave the coloured text in when you print this off will you :)

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At last! Here's the application I submitted to court earlier today for summary judgement/strike out based on dodgy default notice. Not sure how far I'll get with it, but it sure sounds good!

 

Application.doc

 

Thanks everyone for your advice. Couldn't have got this far without it.

 

FTOTB

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  • 2 weeks later...

Can someone advise me please??

Having submitted an Application for a strike out/Summary Order, a couple of weeks ago, when I handed it in at the court they told me there was no fee to pay, as the Judge's previous order for the claimant had granted me leave to vary/amend the order. However I have now received a letter saying I must pay a fee 0f £75 for the Application to strike out, before it can be processed. When I contacted the court to ask why the chanege of mind, I was told that they considered my Application for a strike out is considered to be more than a varying/amendment of the previous order.

 

Is this right? Its just that £75 is money I don't have at the moment. (I'm not eligible for any means tested subsidy either) I explained that I am on a DMP but they said that doesn't count.

 

Thanks

F

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I've been reading the latest from Costa's thread, and am now concerned that my case is not as straightforward as I thought.

 

Nationwide issued me with a dodgy DN a year ago (didn't allow 14 days and no date to remedy specified) and then terminated on the back of that. They have subsequently taken me to court and a big part of my defence is the dodgy DN etc. However they recently served me a 'new' DN (in the correct format as it happens) and then obtained a court order allowing them to amend their POC so that they can rely on that DN in their claim (wonder why they did that....). As advised below I submitted an application for summary judgement / strike out based on the dodgy DN argument. I am currently in the process of re-submitting it to include costs, but wonder if I need to amend the application (below) at all, in light of Costa's experience?

 

My other question is, they are seeking to enforce the agreement based on a recon they sent me. I'm awarte the recon satisfies Sec 78 CCA, but does it enable them to get enforcement in court?

 

Thanks

F

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