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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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In July last year the company we pay our ground rent to changed. I had happily been paying it monthly to the original company with no problems. So as soon as i learnt a new company would be taking it on i emailed them straight away to explain that i can only afford to pay it via monthly payments.

I emailed them a few times with no response, and then at the beginning of Dec i received a pack detailing what i owed them for the remainder of last year and for this year. They said that i must pay them what i owe for 2012 by the 1st Jan 2013.

Not having the money to pay what i owed in one go i again emailed them and said i would pay what i owed them plus 2013 payment via 12 monthly payments. I received a letter this week stating that i must pay everything that i owe them within 7 working days or face late payment fees of £45.

So again i emailed them stressing i can only afford to pay via 12 monthly payments. I also payed this months payment as they had provided their bank details. So the next day i finally get the first email from them saying that this ground rent can only be payed off with one payment.

So i wondering where i stand with this now? The previous company had no problems taking monthly payments, and i carnt afford to pay in one go so this is the only way i can do it

All advice welcome??? :!:

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The annual ground rent and due payment dates should be specified in the Property Deeds (£4 Land Registry on line). Demand for Ground Rent should be in Stat format.

If GR is due annually or 6 monthly, in advance by post, I don't think you can require them to accept monthly payments by SO etc. Lot easier to set up SO or direct banking payments if you have their bank sort code, correct account number and unique customer ref of course.

How much is annual ground rent?

 

Once you have cleared the arrears due up to next payment date, save GR money in sep bank account, so you can pay when due. GR periods are normally payable in advance. Also, don't rely on email, put your position & offer in writing, and post, addressed to the top man.

Edited by mariner51
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Hi there.

 

Who do you pay ground rent to, is it the Freeholder (Landlord) or a managment company ?

 

If the freehold is sold to another company then you should of been given first dibs to buy it, if not its a criminal offence, however it may be that the management company the freeholder chooses to use has changes, this is legal BUT under the provisions of S20 of lanldlord and tenant act 1985 (http://www.legislation.gov.uk/ukpga/1985/70) where a freeholder enters into a new contract that will last over 12 months and cost a leaseholder more than £100 per year he must follow the S20 consultation process.

 

So who send demands for ground to you ?, Freeholder or Management agent, who has changed ?

 

Are you charged a management fee of more than £100 ?

 

Do ground rent demands comply with lease (i.e sent at certain time) and do demands comply with s166 of commonhold and leasehold reform act 2002 ? (http://www.legislation.gov.uk/ukpga/2002/15/section/166) ?

 

Are you confusing ground rent with service charges ?. Generally ground rent is lowish (from £10 - £100) per year, if the above is complied with though it is payable and you SHOULD make every attempt to pay it in full otherwise it is possible to forfeit (i.e take !) your whole property in certain circumstances.

 

Try visiting lease advice site for help >http://www.lease-advice.org/

 

Andy

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Hi andy

 

I think im right in saying the freeholder has changed. Last year i was paying ground rent to the building company that built the flats. I pay £250 a year for ground rent.

I pay both ground rent and service charges to two seperate companys.

It sounds like the original company were doing me a favour in letting me pay monthly then. Lets hope the new company can do the same else im stuffed!

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My landlord tells me that if the flats are above commercial property there is no right to buy the freehold. I rent a purpose built flat above some shops. My landlord owns 7 of the 8 but can not buy the freehold. £250 ground rent seems steep.

Any opinion I give is from personal experience .

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We need to work out who exactly is the freeholder and who is the management agent, it is norm for ground rent to be payable to fh but the ma will collect it on his behalf. What does the lease say about it ? It will normally be payable in full when demanded, normally at begining of year, you have no right to do monthly payments but it is something you could agree with fh/ma.

 

It is concern though if the fh has been sold without offering to you first and you can take action about this.

 

Can you scan docs and post them so we can understand situation better ?

 

Andy

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  • 7 months later...

Just a thought here. I know with myself I rang the Land Registry who in turn gave me the name of the Freeholder as listed with them. You may be able to argue a case here in that, you are not refusing to pay but so as to avoid financial hardship it's easier to pay via installments. This one is a long shot... Human Rights Act (Nov) 1998 - Article 8. You do have the right to a home and private life in that within the Lease there may be the term "to peaceably hold & enjoy". It's not like you've point blank refused to pay is it?

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