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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 Andy,

 

I've got all the emails that they sent to me. They also only ever sent out one actual phsyical letter, the rest were text messages and emails.

 

Regards,

 

John.

 

Excellent John ......so no Pre Action Protocol followed or LBA as to speak of?

 

Regards

 

Andy

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Ok I will get back to you later in the week with a proposed defence.

 

Andy

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Hi John

 

Are you around to make a start on a proposed defence?

 

Regards

 

Andy

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Excellent just in the middle of something now so will check back in a couple of hours.

We could do with some help from you.

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The particulars of claim are -

 

1.Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

2.Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment plan.

3. As per our loan agreement a daily rate of interest has been charged since default.

 

#########Defence##########

 

 

Paragraph 1 is admitted with regards to requesting a loan of £300.00 which was received into my bank account on the xxx xxxxx 2012 The T&Cs agreed plus interest of £80.

Paragraph 2 is denied the Claimant has consistently harassed me via Text/Email and phone calls to my place of Employment causing severe embarrassment and stress.

Paragraph 3 is denied and it is contended that only one months interest is due..rendering the total default out standing as £380.00.

Any claim to further interest is denied and are subject to the Unfair Terms in Consumer Contracts Act and therefore cannot be disproportionate.

 

I have tried to negotiate and offered a repayment plan due to sever financial difficulty, the Claimant has failed to acknowledge.

The Claimant has failed to issue a Default Notice or Notice of Default Sums.

 

It is averred that the claimants stance in this claim is in conflict to the the CCA1974 s.140A and s.140B (Unfair Relation)

 

In line with the introduction of Consumer Finance Association, the Consumer Credit Trade Association Codes of practice implemented on the 26th November Section 6 the Claimant has failed to adhere to the key proposals.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.The Claimant has failed to disclose any documentation to verify its claim.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

 

#########End Of Defence#########

 

 

Notes to refer to:-

 

Civil Procedure Rules.

CCA1974/2006 amendments

http://www.cfa-uk.co.uk/documents/PD...dum_Lender.pdf

 

Help for customers in financial difficulty If the customer is in financial difficulty, lenders will:

 

> Deal with the customer sympathetically and positively and do what they can to help the customer manage

what they owe. This may include making new arrangements about how the customer will pay off the debt.

In doing so, the lender will consider other debts owed.

> Freeze interest and charges if the customer makes repayments under a reasonable repayment plan or

after a maximum of 60 days of non-payment.

> Not contact the customer or take any action to recover the money owed for 30 days, if the customer is

making a genuine effort to agree a repayment plan using either a debt-counselling organisation or a ‘selfhelp’ approach (for example, the customer is suggesting a repayment plan). If the customer or their adviser

provide the lender with clear evidence that real progress is being made in reaching a repayment plan, but

work has not yet concluded, the lender will extend this ‘breathing space’ for an additional 30 days.

> Tell the customer about free and independent debt-counselling organisations. These include: Citizens

Advice, the Consumer Credit Counselling Service, National Debtline or the Money Advice Service.

> Not allow you to borrow further from the lender until all outstanding loans with the lender have been repaid.

> Deal with people whom the customer has asked to act on their behalf, with the customer’s authority,unless those people behave unreasonably.

 

 

 

Check it over for accuracy John and edit to suit then copy and paste into MCOL and print receipt.

 

 

Regards

 

Andy

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No John they are just for you to refer and understand your defence.

 

Andy

We could do with some help from you.

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  • 1 month later...

Hi Andy,

 

Just thought I would give a quick update to this case.

 

I sent off the defence and during that time the loan company sent me an email informing me that they had succesfully got the CCJ against me and that I had to pay or they would apply for an attachement of earnings order.

 

I spoke to the claims service who informed me this wasn't the case and was wrong and that they were still waiting for a reply from the loan company themselves. I therefore sent a copy of this email as part of my defence.

 

The loan company have rejected my part admission and I have now been asked if I want to go via the telephone mediation servivce offered by the court or go to court.

 

I'm not sure which option would be the best in this case. Please could somebody advise?

 

Thanks

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Mediation is always encouraged in any claim and could be a way of settlement and avoiding any CCJ. Read between the lines though.... their response ...they obviously don't wish to proceed with the claim through court which states they have little faith in their claim.

Try mediation if it fails to render a result then its up to them to notify the court their intention to proceed.

 

The email was rather naughty though and can be construed as miss leading the defendant....something they wish the Court had not viewed.

 

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

 

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