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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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I purchased an item on ebay and the seller sent an item that was substantially different from that listed. I returned for refund under distance selling and the seller claims he didn't receive it. I have proof of delivery. The seller trades on ebay under a "business" name and will not disclose his/her real name to me. Ebay will not disclose the sellers details either.

 

I wanted to progress this matter as a small claims action but require a HUMAN name to claim against.

 

Any advice please?

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Have you tried taking this up with PayPal (assuming you paid that way) or, failing that, your bank (if you paid by debit/credit card via Paypal or otherwise)?

 

Assuming you have tried the informal routes, it is possible to obtain a Court order forcing a third party (EBay in this case) to reveal the true identity of another, when you need to serve a claim on them and of course if you have a case with a reasonable prospect of success. It's a bit of a specialist area though so I'm not sure you'd want to do this on your own. Is the claim going to be for a significant amount that would warrant this?

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I should add that if the item was over 100 pounds and you paid by credit card then you are protected by s75 of the Consumer Credit Act. Your card issuer shares liability for defective goods etc with the seller.

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Report the matter to e bay as fraud, you have proof of delivery.

The CCA section 75 protection may apply.

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Small amount; much less than £100.

 

Already submitted complaint to ebay and they dismissed it claiming I had no proof of delivery WHICH I DO. There is no way to raise the complaint to a higher level on ebay and out of principle I want redress against the seller.

 

Ebay refuse to disclose sellers name.

 

Paypal also refusing.

Edited by uk_geezer
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You need to exhaust all the informal routes before you think about legal action.

 

You could either write EBay a letter sent by recorded post, or take it up separately as fraud with Paypal, if you used them. Then try, or just go directly to, your credit card issuer, if you used one.

 

Only then think about making a court claim, with all the expense that it could involve, all the more so because you don't know the true identity of the seller (although you do know his address and business name, right?).

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I appreciate what ye say, and I will try every possible option, but ultimately I'm quite happy to take legal action if it comes to it because the goods were returnable under distance selling regulastions which is a legal right, and the seller is not disputing my rights under distance selling. What tey ARE doing is claiming they did not receive the returned goods despite me using a reputable courier and having proof of delivery. I am confident I would succeed. I simply need a name.....

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