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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 PLEASE. Court papers recieved from Arrow Global/Fairfax Solicitors - ***Claim Discontinued***


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Hi I have recieved court papers from Bradford for an outstanding amount in respect of a credit agreement with RBS. I think I need to acnowledge service to give me 28 days to defend and then send someting to Arrow to provide me with paperwork, though I am unsure as to what to do next, they sent an agreement of sorts to me a while back:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?128999-CCA-from-RBOS-Valid

 

I am usure if I can defend this and if so, for what reason...

 

Sorry to sound thick.

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Hi vine

 

Have you been mis-sold PPI? or have you got Penalty Charges on this account? When did you last make payments on this account?

 

You can take the paper to your nearest county court and get the case moved there.

 

Also have a read of number (5) in my signature.

 

Thread moved.

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Hi vine

 

Have you been mis-sold PPI? or have you got Penalty Charges on this account? When did you last make payments on this account?

 

You can take the paper to your nearest county court and get the case moved there.

 

Also have a read of number (5) in my signature.

 

Thread moved.

 

Thanks all, I am not sure if there are penalty charges or PPI on this, I have sent an acknowlegement to Bradford and presume that I now need to prepare a defence?Is there a standard letter to send to them so that they send copies of all literature and is this the correct way to go as I have a copy of "CCA" already?

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Am I correct in thinking that I now send Arrow a CPR 31.15 to disclose all documentation? Do I need to do anything to transfer the procedings to my local court, or do I have to go down there in person? Also do I have to take a form down? Sorry I know this is basic info but it seems to have all vanished from my head and I think the law has changed slightly since that last time....

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Okay,Have sent this to arrow and Fairfax solicitors:"Dear Sir,Re: Arrow Global v XXXXXX Case No: XXXXXXXCPR 31.14 RequestOn XXXX1 I received the Claim Form in this case issued by you out of the Bradford county court.I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.2. The assignment.3. The default notice.4 The termination notice.Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you.yours faithfully"Do I now wait for 28 days for a response? I am a bit confused regarding dates, I have sent the acknowledgement back. Do I defend if they do not reply aftern 28 days, I havwe read the thread reccomended above but am still rather confused regarding dates....

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I'm no expert on County Court procedures VG, but if you have stated that you will defend all, then stick to the deadlines, 28 days (from date on claim form) in total to put in your defence....I believe that the embarrassed defence is nowadays not recommended, (have a search around the forums for some defences) but I think you can opt for a strike out if they fail to produce the documents requested. Although I think you can request disclosure on the Draft Orders with the Allocation Questionnaire....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Thanks to all, my deadline is fast approaching and I have heard nothing back fro Solicitors. Unsure what to do now. I need to submit a defence in the next coupkle of days. Shal I opt for a disclosure and if so, do I have to send it back with my defence? Please help..

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Any help? Unsure how to proceed due to recent changes. Do I submit an embarrased defence or go for a strike out? If I need to go for strike out are there any reccomended threads as I cant seem to find any???

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42 man. I need to send my defense in today, I have searched the threads but not sure what to do? I sent cpr to the claimant over two weeks ago, and have heard nothing... What shall I say on my defence? I am so confused, I would like to go for a strike out but not sure what to do??? Please help or advise as I think I will end up screwing it up.

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Okay, through septic tonsilitis, I have sent in this "Holding Defence"

 

"The defendant is unable to plead due to the claimants failure to comply with their CPR 31.14 duties in disclosing requested documents.

 

The Claimant has failed to respond to an extension of time given by the defendant to file a defence.

 

The defendant reserves the right to amend the defence"

 

Hope this is okay? I couldn't find a precedent for a strike out..

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Hi Sick, no problem! Recieved a letter from fairfax today - no mention of the court claim.

 

"We can confirm that we have requested a copy of the agreement from our client which may take a couple of weeks to obtain. Once this has been received we can confirm that we will forward you a copy of this"

 

No mention of the claim!!! Do they know what they are doing? and that they are supposed to respond within certain time frames?

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Sounds good to me.. I recognize that holding defence :)

 

Your in the same boat as me V.. Keep an eye on my thread as i will yours and lets see what happens.. Your not alone in this although sometimes you think you are !

 

The ball is in there court and they will have 28 days to get documents to you or make there minds up to carry on or withdraw, you will shortly get a letter from the court saying they confirm your defence and have passed this on to the claimants..

 

Eggy12 :)

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  • 1 year later...

Okay, General Form of Judgement or OrderIT IS ORDERED THAT1. Claimant shall by 29th January 2013 serve on the defendant copies of the following:a. Credit agreement reffered to in claim formb. up to date statement of accountc default notice, and d. notice of assisgnement with date of service of c. and d.2. Defendant shall by xx February 2013 file and serve a defence to the claim form as the present defence is not CPR compliant and is hereby struck out.3. The be refreffered to CJR District judge after xx February 2013Dated xx January 2013.Not sure what to do now really, if anything...

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Can they do this? REcieved judgement of order from court after Arrow global filed a claim almost two years ago:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304917-HELP-PLEASE.-Court-papers-recieved-from-Arrow-Global-Fairfax-Solicitors-for-RBS-CC

 

Arrow were given until 29th Jan to supply the following:

 

:a. Credit agreement reffered to in claim form

b. up to date statement of account

c default notice, and

d. notice of assisgnement with date of service of c. and d.2.

 

I received these on Friday, so now I have to file a defence as my last one, they say, was invalid!!

 

I really do not know what to do and I find it strage that after two year I recieve the judgement of order an all required documents within a week!

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Threads merged please do not start new threads on the same matter Vin.

 

Regards

 

Andy

We could do with some help from you.

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Can they do this? REcieved judgement of order from court after Arrow global filed a claim almost two years ago:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304917-HELP-PLEASE.-Court-papers-recieved-from-Arrow-Global-Fairfax-Solicitors-for-RBS-CC

 

Arrow were given until 29th Jan to supply the following:

 

:a. Credit agreement reffered to in claim form

b. up to date statement of account

c default notice, and

d. notice of assisgnement with date of service of c. and d.2.

 

I received these on Friday, so now I have to file a defence as my last one, they say, was invalid!!

 

I really do not know what to do and I find it strage that after two year I recieve the judgement of order an all required documents within a week!

 

 

Yes. You need to get a Defence together now.

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Okay will post all documents they have sent when I get home, I am not sure what my defence would be, now that the court have said that my defence was not CPR compliant. I am still astounded that this can just drop on me after two years.

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Hi Vin

 

If you could perhaps post up your defence that was submitted.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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