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    • 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
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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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RESOLVING NEIGHBOUR DISPUTES GUIDE

 

 

 

Documents Source: https://www.gov.uk/how-to-resolve-neighbour-disputes/overview

 

 

 

PART 1 - OVERVIEW

 

If you have a dispute with your neighbour:

 

1. Try to solve the problem informally by talking to them.

2. If your neighbour is a tenant, you could contact their landlord.

3. You could use a mediation service if raising the issue informally doesn’t work.

4. If the dispute involves a statutory nuisance (something like loud music or barking dogs), you can make a complaint to your local council.

5. Contact the police if your neighbour is breaking the law by being violent or harassing you.

6. As a last resort you can take legal action through the courts.

 

PART 2 - TALK TO YOUR NEIGHBOUR

 

Solving the problem informally

 

Before making a formal complaint or getting others involved, try to discuss the problem with your neighbour.

 

If you’re worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts.

 

If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people.

 

A tenants’ association might help if you’re a member of one.

 

Get practical advice from Citizens Advice to deal with common neighbour disputes, like high hedges.

 

PART 3 - CONTACT YOUR NEIGHBOURS LANDLORD

 

If your neighbour is a tenant, you can complain to their landlord. This could be a housing association, the council or a private landlord.

 

Part 4 - USE A MEDIATION SERVICE

 

If you can’t resolve the dispute by speaking to your neighbour, get help from a mediation service.

 

How mediation works

 

Mediation is when an impartial person - trained in dealing with difficult discussions between 2 opposing sides - acts like a referee in a dispute.

 

There can be a fee for mediation, but this will still be cheaper than hiring a solicitor and taking legal action.

 

Contact a mediation service

 

Mediation services differ depending on where you live:

 

Ø if you live in England and Wales, find a mediation provider in your area on the Ministry of Justice website

Ø in Scotland, use the Scottish Mediation Network

Ø your council or housing association may provide a mediation service

Ø the charity LawWorks provides free mediation

 

Part 5 - COMPLAIN ABOUT NOISE TO THE COUNCIL

 

You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’.

 

Examples include:

 

Ø noise (including loud music and barking dogs)

Ø artificial light (except street lamps)

Ø dust, steam, smell or insects from business premises

Ø smoke, fumes or gases

Ø a build-up of rubbish that could harm health

 

Your local council has a duty to investigate any statutory nuisance.

 

You should always try and solve the problem by talking to your neighbour or through mediation before contacting the council.

 

Penalties

 

If the council decides someone is causing a statutory noise nuisance they must issue a ‘noise abatement’ order. This tells the person what they must do to stop making a noise nuisance or else face further legal action.

 

If someone breaks an abatement order about noise from their home, they can be fined up to £5,000. If it’s noise from a factory or business, the penalty can be up to £20,000.

 

Part 6 - HIGH HEDGES, TREES AND BOUNDARIES

 

If you’re having a dispute about a high hedge, your council can only take action if the hedge is:

 

Ø 2 or more mostly evergreen or semi-evergreen trees or shrubs

Ø over 2 metres tall

Ø affecting your enjoyment of your home or garden because it’s too tall

Ø affecting your property

 

If the hedge is in any of these categories, ask your council for a complaint form. You might have to pay the council a fee to consider your complaint.

 

Download ‘High hedges:Complaining to the council’ (PDF, 394KB)

 

Your rights to trim hedges or trees

 

You can trim branches or roots that cross into your property up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.

 

If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them.

 

Property damage from hedges

 

Your neighbour is responsible for maintaining their hedges so they don’t, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.

 

Boundaries and shared (‘party’) walls

 

Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice.

 

You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall.

 

The Royal Institute of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours).

 

Part 7 - CALLTHE POLICE

 

You should the police if your neighbour:

 

Ø is violent, threatening or abusive

Ø is harassing you sexually, or because of your sexuality, religion or ethnic background

Ø is breaching the peace (being disorderly in the street or making a lot of noise)

Ø is breaking the law in any other way - or if you suspect this

 

Part 8 - TAKE ACTION THROUGH THE COURTS

 

If all else fails, you can take legal action against a neighbour.

 

Taking someone to court can be expensive so it should be your last resort if nothing else works. There may be court fees and you may have to pay a solicitor.

 

Legal advice

 

You can get free legal advice from a law centre, advice centre or Citizens Advice.

 

You can also find a lawyer who deals with neighbour disputes through the Law Society.

 

This is the Resolving Neighbour Disputes Guide in PDF:

Edited by stu007

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