Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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.
       
        • Like
      • 3 replies
    • 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!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 2982 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • 2 weeks later...
do you have a full statement of account

default and termination notice

notice of assignment

 

Sorry for my absence.

I have a statement of account but have not seen a default or termination notice.

 

Due to the family members state of health at the time,

he does not know if he received a default and termination notice and does not have any papers regarding the debt.

I got the credit agreement and statement from Go Debt.

Should I be asking Go Debt for a default and termination notice or the original lender?

 

Am I right in assuming that it is Go Debt who need to prove there was a notice of assignment?

I have asked them time and time again for one and all they've sent so far is the wording

(which anyone can obtain) and a letter from them stating the debt has been assigned to them.

 

Like I've tried to explain to Go Debt (time and time again),

if someone knocked on your door and said "you owe me £6000", you'd likely tell them where to go.

 

If they were insistent you owed it to them, you'd ask them to prove it.

 

Go Debt has so far failed to do so.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

Link to post
Share on other sites

I think you would need to contact the original creditor for any default/termination information.

 

It might be in your interest to send a Subject Access Request - this is a request for ALL information in respect of the financial relationship between you and the creditor. There is a draft template in the CAG library, you need to send £10.00 with the request and the company has 40 calendar days to comply - if they dont, you can then either make a complaint to the Information Commissioner or issue a claim against the company for a court to order compliance of your request.

 

The draft letter itemises some information, but most importantly you are looking to receive.. the communications log - which should details EVERY action taken on the account, letters/emails sent - telephone calls made, etc. you should be able to identify from that whether any default notice / termination notice or assignment has taken place.

 

HTH

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks :) Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

 

Draft request for assignment - Amended Draft.doc

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
You can send the following letter to the company who is claiming that they are the new owner of the debt. Just fill in the blanks :) Send the letter by recorded or special delivery post and keep the receipt and check on the RM website a few days after sending to ensure that it has been received and signed for.

 

Thank you for that. I sent them a slight variation of the letter as recommended. I added references to my previous letters requesting the same and pointing out that they had so far failed to comply.

 

I have now received a reply. The have sent a comprehensive document which appears to be an assignment to them from Private & Commercial. However, they have redacted a lot of information and contrary to the specific request in document you linked to, they have not given any justification for this.

 

Additionally and I think most importantly - there is a page for details of the debt and debtor but this is completely blank. In fact, there is no reference to my family member or the specific debt - i.e. amounts or account number on any of the 34 pages!

 

I will wait for responses to be sure but I guess my next step is to write again and refer them back to the letter and ask them why they have redacted and without any justification and why this document does not contain any information which connects it to my family member.

 

khemist - After my family member received the SD, I wrote to Go Debt and ripped them to pieces for taking this action and continuing to harass him while the debt is in dispute. They claimed they didn't realise it was in dispute but that was just plain nonsense. In the reply, they apologised and said they would not take that any further. I have it in black and white so I didn't need to apply for a set aside.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

Link to post
Share on other sites

'have it in black and white so I didn't need to apply for a set asidelink3.gif.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites
'have it in black and white so I didn't need to apply for a set asidelink3.gif.'

 

perhaps should've tried to get them to withdraw it. an sd doesn't 'expire' as such (unless statute barred, set aside, withdrawn) so would always be open for action until/if then (although the longer the wait would prob need justification). non compliance with an sd is a valid reason for petition, even if in 'dispute'. then for the court to decide. if they do petition, would then need to use that 'dispute' confirmation in opposition.

 

I just checked the actual wording and they said "in respect of the SD we will not take any further action, without giving you 21 days written notice of our intention to do so" which has reminded me why I don't need to worry about it at the moment.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

Link to post
Share on other sites

ok. but, that's prob re a petition! generally, if 'they' did decide to petition would get normal petition notice anyway. and if you then go for set aside of the sd out of time prior to their petition would then need to request extension to the set aside time limit in any sd set aside application with that reason. otherwise, and/or would need to oppose the petition.

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

I personally would get it set-aside I would not trust any person or company that uses that route... fords advice is correct in my opinion.

At least get it set-aside then you have abide by the law. DONT TRUST THEM

 

khemist

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...