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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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Hi. Can someone please tell me if a CCJ has to be obtained by a creditor before a Charging Order can be granted,or can they apply direct for a Charging Order without the CCJ? Thank you.

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They don't apply for a CCJ, they issue a summons for the debt outstanding, your choice to defend or accept or admit partial, unless defended successfully or a compromise is reached through mediation,

the outcome will be judgment for the Claimant, you then have a CCJ.

 

Regards

 

Andy

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Forgot to ask-if I make an offer to pay a creditor,can they apply for a CCJ anyway??

 

Yes, basically. An offer to pay does not prevet the issuing of proceedings with a view to obtaining a CCJ.

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and, there (CTax), a liability order (magistrates) would be needed first before a CO can be considered.

Edited by Ford

IMO

:-):rant:

 

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Andy,you mentioned compromise through mediation.I am trying to avoid having to go to court here,so if I offer to go to mediation and abide by the decision made there,would that mean that the creditor would not take out a summons against me?

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Andy,you mentioned compromise through mediation.I am trying to avoid having to go to court here,so if I offer to go to mediation and abide by the decision made there,would that mean that the creditor would not take out a summons against me?

 

You cant get into mediation until the summons is issued, you can negotiate with this creditor before litigation if so to avoid any legal action.This creditor is playing with your mind and you appear to be confused ( as much as the creditor).

 

Heres the process, you have a debt in dispute or with a problem or for what ever reason you are not maintaining payments.

Creditor issues warning letters and requests you make a proposal

You fail they issue a Default Notice allowing you 14 days to rectify any under payments and bring the account up to date.

You ignore the Default Notice the creditor then passess it to 3rd party DCA,s or straight to their legal team.

Once in legal they issue an LBA (letter before Action) allowing a further 7/14 days for you to make proposal.

You ignore LBA a Summons is issued through the Court for the debt amount in full.

 

You either admit or part admit or defend anything less than your defence being successful you will get a CCJ (County Court Judgment)

This will either be forthwith (pay all in 21 days) or in installments, you again ignore and make no payments

Then the Creditor will then execute/enforce the judgment by any way of 3 (most Common)options

Charging Order/Restriction, AoE (Attachment of Earnings) if you are employed or Bailiff (If the debt is a over £600 up to £5K).

 

So if you have not even got to litigation yet and you fear the thought of a Charging Order then I suggest you approach the creditor now and come to some arrangement.

 

Regards

 

Andy

Edited by Andyorch

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This will either be forthwith (pay all in 21 days)

 

execute/enforce the judgment by any way of 3 options

Charging Order/Restriction, AoE (Attachment of Earnings) if you are employed or Bailiff (If the debt is a over £750).

 

Just to clarify a few inaccuracies there:

 

1) An order for payment forthwith, as the name suggests, obliges payment immediately rather than in 21 days.

 

2) There are more than 3 ways to enforce a CCJ. A third party debt order or bankruptcy can also be used (I can't remember if even that is now an exhaustive list but I can't recall any other methods).

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You couldn't remember " Receiver for an equitable execution " need to get some sleep asoky and take a break from here.

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A third party debt order This is an order that freezes money held in the defendant's bank account. The cash you are owed is then paid to you from the account. You apply through form N349 (and yes, there's another fee) and if the judge is happy, he or she will make an interim third party debt order. And to stop the defendant simply withdrawing their money from their account, he or she won't get a copy of the order until the bank has frozen their account.

 

The timing of your application is crucial. If the court order is received a couple of days before the defendant's salary goes into their account, the "freeze" won't apply to this money – only to what's there at that time.

 

The defendant could also throw a spanner in the works by applying for a "hardship payment order" on the grounds that they can't meet day-to-day living costs as a result of their cash being frozen. Just 8,000 applications were made for third party debt orders in 2008 – 17% more than in 2007.

 

Receiver for an equitable execution

If the creditor can't recover the debt using the methods above, they can apply to the court to approve a receiver - who they have selected - to conduct an equitable execution.

 

This involves the receiver collecting money which the debtor is owed, eg rent, in order to repay the creditor.

 

Regards

 

Andy

Edited by Andyorch
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Presumably then I couldn't recoup the debt from anyone else's bank if say there was money in a wife's account? Because the debt is not in their name.

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Oh, are you the creditor in this case?

 

A third party debt order can only be used in relation to the debtor's assets. You cannot take money from an innocent third party who happens to be married to the debtor.

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Just to clarify,no I'm not the creditor here as my earlier posts show.I was just following Andy's post which, for the purposes of illustrating his point ,took the viewpoint of the creditor.

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