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    • Hi all, just to close this one, please see the photos below....before and after    Thank you, all, for some great advice (as per usual!)
    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
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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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Dear All,

 

I am sorry to ask for help and guidance but i need assistance urgently.

 

In March 2007, Halifax obtained a suspended possession order against me.

 

I made the agreed payments and about a year later they capitalised the arrears.

 

In September last year my left me without any warning leaving me with our disabled daughter. 60% of the household income gone in a flash.

 

I spoke to my lender and it was agreed that i pay £50 per month until tax credits etc were sorted out.

 

Tax credits etc eventually sorted out in January this year but by the time I had paid the Gas/Electricity bills and paid the money back that i had borrowed from people I had nothing left to pay off the arrears.

 

I made my last payment of £50 to Halifax in January,

 

Since that time, my childs condition has worsened and quite simply i have spent all my time and energy on her[i survive on 4 hours sleep]. I know that this is not a valid excuse - merely an explanation. I am exhausted and presently i am off work with a stress related illness.

 

I have ignored the telephone/letters from my lender and even the 'home visit'. i have now received the 15 day legal action letter which runs out next Thursday.

 

I worked out my finances and can afford to pay the monthly payment plus £50 [£350]. I was going to make this payment at my local branch tomorrow.

 

I really am not well enough to speak to them so I was intending to write to the lender making the above offer and explaiing my present position.

 

The arrears amount to £2300 - the mortgage is in my sole name.

 

I have calculated that I am owed in the region of £2000 from DWP and gave them my bank details 3 weeks ago but when i will be paid this is anyones guess. Halifax can have this when i get it.

 

Can anybody tell me what is going to happen or what i should do? I am desperate and at the end of my tether.

 

Thank for your help

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Hi there, you need to write a letter to the Halifax explaining your situation and making your offer of payment (make sure you send it by recorded delivery and keep a copy of the letter for yourself). If you need help with the letter I'll happily draft one for you.

 

You should also enclose a budget sheet to show them you have worked out your finances to afford the extra £50 per month. I have affixed the budget sheet we normally use to this post - it calculates automatically as you fill it in.

 

Have the DWP confirmed you are entitled to a refund?

 

I am sure, given your circumstances, that they will accept your offer to clear the arrears.

 

Try not to worry too much (easier said than done, I know), the first step is to get the letter off to them

Budget Sheet.xls

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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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Ell - enn,

 

Thank you very much for your prompt response.

 

I do not have a printer so I will have to write the letter/budget sheet in long hand.

 

A couple of pointers please - should I apologise to them and explain to them the position with my daughter - I know its a bit of a sob story but it is the truth?

 

With regard to the DWP, it all relates to my daughters DLA payment. I apoloigise if i shouldn't post the circumtances here.......

 

My daughter was awarded DLA last year with the payment being made to my wife in September 2010 [backdated to May]

 

A matter of days after receiving almost £2000 my wife left me leaving me with our daughter.

 

I eventually managed to get the child tax credits and child benefit transferred to me [supported by a letter signed by my wife confirming that i had sole custody of our daughter] and I eventually received payment in December backdated to November.

 

According to my wife the last DLA payment she received was in November.

 

Now I intended to sort out the DLA in the New Year but unfortunately my daughters condition worsened to the point that all my time and energy was spent on her and her problems.

 

Towards the end of March this year my wife received a call from the DLA people to ask if the claim was continuing and she told them that it should be paid to me. I received a text from the wife asking me to ring DLA which i did. They simply denied the telephone call but I requested that they log my call.

 

In my presence, my wife rang them again about a week later and demanded to know why our daughter was not getting the benefit she was entitled to. They requested the child benefit number and confirmation of the date i started receiving it. They said they would write to me.

 

About a week later i received a bank details form with my name, my daughters name and reference pre-printed on it. I completed it and returned it the same day by first class post and due to the fact that i posted it in the same postal district as the return address it should have been delivered the next day.

 

That was almost 3 weeks ago - no contact or anything since.

 

Sorry about the rant - not much going right or me at present.

 

I would feel guilty using this money towrds arrears but please remember that I have already spent more than this on my daughter with no contribution at all from mum.

 

Sorry once again and thank you for all your help

 

 

 

Sorry once again and thank you

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You could go to your library and use the internet there to print off the budget sheet and letter? would you be able to do that?

 

Have you contacted the DWP to make sure they got the letter you posted 3 weeks ago ?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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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