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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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Pursued by insurance company for uninisured losses


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Did the FOS speciifically say that Admiral cannot pursue you for their outlay?

 

Have you taken legal advice about the onnerous nature of the D&D term? If not it could well be worth speaking to a specialist consumer legal expert to see if it falls foul of the unfair contracts laws etc.

 

The FOS sometimes make odd decisions as they're very biased towards the consumer and tend to look at what's fair rather than what the policy wording says, what level did it goto within the Ombudsman?

 

I'm surprised they ruled it was not a claim as there's a section of the policy covering RTA (Liability to others) under which the claim has been paid as they have no option under the RTA statute, like any other claim where they have someone else they can claim off they can then attempt to recover their outlay.That would be my view of it but it's good news that they ruled in your favour on this part

 

Not specifically in their requirements of Admiral but it is strongly implied in their decision

"As Admiral was provided with the appropriate indemnity from the named driver, it has the right of recovery against him but its success or otherwise should not affect the policyholder, Mr X (me) or indeed his NCD, as costs incurred by Admiral were not costs incurred under the policy, but cost incurred under its liability as detailed in the Road Traffic Act."

 

I know the FOS are notorious for weird, irrational decisions but his looks like the best outcome under the circumstances and I suspect I need to accept the decision which will bind Admiral to the recommendations.

These are 1. remove all reference to the claim in internal and external databases. 2. Recalculate my NCD as if claim has not occurred. 3. Compensate me for any additional costs relating to increased premiums.

 

I have raised the D&D exclusion with the FSA and they basically say it would be excluded from an assessment of fairness under the Regulations. Don't quite understand the FSA logic "As the term defines the main subject matter of the contract, we consider that this is a core term" I would be happy to pay a decent solicitor to review it, if I can find one.

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In Germany it has to be at least 10kph and has to be heard in court.

 

 

 

Fortunately/Unfortunately we don't live in Germany.

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I'm glad it's getting sorted out, but I'm very much on Admiral's side - I believe they are correct in claiming back any money they've had to pay out.

 

He took the decision to get plastered and drive, so why should the insurance company suffer due to his negligence?

 

I pay far too much as it is, without drunk fools pushing my premiums up further. :)

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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When Admiral do the same for all the other negligent drivers (there is always someone at fault), like the ones who use their mobiles and cause more accidents than drunks then I'll be happy.

 

BTW Admiral have the same exclusion clause about vehicle condition. A valid MOT is irrelevant. If your brakes, steering or suspension not roadworthy and "contribute to the accident" then they'll only settle under the RTA and be after you for the TP claims. I bet that will create more indignation and outrage than the shame faced drunks.

 

Admiral in a tiny minority of insurers that use these exclusions so that's why I will never use them again.

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Hi Glitch,

 

 

I'm wondering how your case with Admiral may be progressing, or not progressing? I have an almost identical case which is obviously worrying me, with a named driver on my insurance caught and prosecuted for DUI, and with Admiral now pursuing me as policyholder for two third party claims for "medical" (I assume whiplash) and "mechanical". Admiral say they can't send me medical records for data protection reasons. My view (well, hope, actually), is that they can't pursue me for costs they cannot substantiate. Anyway, I'd be most grateful for any advice you and others may be able to offer.

 

 

Many thanks!

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/Did the named driver have permission from you to drive the vehicle at the time?

 

 

 

Hi dacouc, Many thanks for your reply. Yes, the named driver had my permission. I may be clutching at straws, having signed Admiral's indemnity shorty after the named driver was convicted and Admiral then contacted me, but I think that Admiral can't pursue this because owing to the Data Protection Act they can't disclose and hence cannot substantiate any medical claim. So the question is really a contractual one, can someone pursue another person for a debt they cannot substantiate in writing?

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