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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.
       
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      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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Restons Solicitors/Marlin Europe threatening CCJ


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Received a letter today threatening a CCJ if we don't contact or pay up by 24 May.

 

A brief overview : My husband had 2 overdrafts with HSBC built up on bank charges. We tried claiming but got pipped at the post by the High Court decision. It didn't take long before the debt collector letters started rolling in, piles of them from various companies. Unfortunately we responded at first both with HSBC & the debt collectors so no chance of statute bar. HSBC were very unhelpful and have never sent us any paperwork we requested, i.e. SAR. This has been going on for 4-5 years now - I see I first sought advice on here in 2009.

 

My husband has a default from HSBC which they have never informed us of and he now has one from Marlin who also haven't informed us. I see from this forum they are suppose to write to you.

 

We gave up corresponding with debt collectors over a year ago and all went quiet until recently, the phone never stops ringing, even our landline which is x-directory, have no idea how they got the number and the letters are weekly.

 

My question is now obviously what do we do about the latest letter threatening the CCJ?

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Do you actually know when the last payment was made towards this debt ?

 

"Unfortunately we responded at first both with HSBC & the debt collectors so no chance of statute bar". How did you respond ? Did you actually admit to owing the debts in writing ?

 

When debt was sold on, there should have been a notice of assignment from HSBC and/or Marlin just advising that the debt has been passed on. Won't stop them enforcing the debt, if you did not receive a copy, as they can just say they sent one on x date and recreate it.

 

If you don't have all the information you need for the accounts, I would suggest that you send an SAR to HSBC, requesting copies of all statements, default notice, notices of assignment and copies of all other data held.

 

They can get hold of numbers easily, even if x-directory. There are companies out there who get hold of the information for them.

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Hi, thanks for responding. I have a file of correspondence with HSBC, I don't think we ever admitted owing the money as our argument was the amounts equated to 6 years of charges which my husband had tried to sort out on several occasions but HSBC were never interested. I have all bank statements but could not say when we last paid anything. I know we were paying a token gesture of £5 every month on each account and then all of a sudden the payments started getting returned.

 

We've had several debt collectors write to us but the only one who says HSBC has now sold the debt to them are Marlin with a letter attached from HSBC (which always looks fake). HSBC have never written to us direct saying they have sold the debt on - I don't recall any paperwork in relation to default notices or notices of assignment.

 

So you are saying they can still get a CCJ?

Does it make a difference when the last payment was made?

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If no payment has been made to the account or any acknowledgment of liability of the debt for 6 years then the debt is statute barred.

 

It doesn't matter who informs you of the assignment as long as you are made aware that there has been one.

 

Only one default can be placed and that by the original creditor. All Marlin can do is update it. They are not permitted to change the original default date and on the 6th anniversary of the original placement, it should cease to be recorded anyway.

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Hi, thanks for responding, after reading that now feeling a bit better.

 

I will have to trawl through all the paperwork to see when we last made any payment.

 

With regards to the defaults there are two accounts, HSBC put the default on one and I'm almost certain Marlin have put a default on the other account most recently and it would seem you are saying they have no right to?

 

In the case of these accounts being statute barred, if we prove this I guess we just write to this effect and hope for the best?

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sar HSBC

or ring them.

 

ASK when the last use/payment was.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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