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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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confused over mortgage repossession - SCOTLAND


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Hi, Could any one shed some light!

 

I purchased a second property for my mother and it was non regulated, she occupied it 100% for 4 years.

my lenders Solisitors instructed my mother to move out giving her a date to do so, she was told she had no rights to occupy or go to court for stay of eviction as she was not a spouse or child of mine.

 

Dispite removing my mother, it took the lender 1 year to get a decree and another three months to repposses the property.

 

Q. If the property had a regulated mortgage would she have had any legal rights?

 

Thanks in Advance

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Two threads merged and tidied

  • Confused 1

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A regulated mortgage would have given her legal rights, yes.

 

Can you perhaps give us more detail. Why was your Mother asked to move out, if you owned the property ?

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Uploading documents to CAG ** Instructions **

 

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I fell behind in payments, the lender did not send any formal letters to my contracted address, I complained that I was not receiving correspondence from them. In a letter to my mother from the lenders Sols, it stated that my mother was not my spouse. It gave her 2 months from the date of the letter to vacate the property! In formal compliant the lender now states my mother left of her own free will, I have the letter from the lenders Sols who refused to give me a copy until I got F.O.S to intervene and demand I get a copy of the letter! I know my mother occupied more than 40% of the property and it should have been regulated.

Thank you for response

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TBH, I really don't know what you can do.

 

Have you considered make an official complaint to the Financial Ombudsman ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.legislation.gov.uk/uksi/2001/544/article/61/mad

 

The Financial Services Market Act2000 (regulated activities) order 2001 article 61(3)(a)(ii) & (4)©(iii) also the contents of MCOB 1 Annex 1 being carried out in relation to a regulated mortgage contract. section 2(1) of the Misrepresentation Act of1967

 

I can’t understand how my Mum got kicked out, it took over a year to repo property! three months after kicking her out I got demands for payment. F.O.S I can re apply my compliant not happy to do that, BCOB is the way forward.

 

Q. Regulated would they have kicked her out.

 

Q. what right did they have kicking her out unregulated.

Edited by stress
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I don't know the answers, but was the mortgage provider aware that the property was not for your own use?

 

It is usual for second mortgages to be unregulated which seems to remove a lot of borrowers rights.

 

I believe that this is something that the new Financial Conduct Authority may be looking at, but that doesn't help you now.

 

Who is the lender?

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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I fell behind in payments, the lender did not send any formal letters to my contracted address, I complained that I was not receiving correspondence from them. In a letter to my mother from the lenders Sols, it stated that my mother was not my spouse. It gave her 2 months from the date of the letter to vacate the property! In formal compliant the lender now states my mother left of her own free will, I have the letter from the lenders Sols who refused to give me a copy until I got F.O.S to intervene and demand I get a copy of the letter! I know my mother occupied more than 40% of the property and it should have been regulated.

Thank you for response

 

Who occupied the other 60% and why do you think that it should have been regulated? If it was your mortgage and a second one then I believe that would be unregulated?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I don't know the answers, but was the mortgage provider aware that the property was not for your own use?

 

It is usual for second mortgages to be unregulated which seems to remove a lot of borrowers rights.

 

I believe that this is something that the new Financial Conduct Authority may be looking at, but that doesn't help you now.

 

Who is the lender?

On the Mortgage application the tick box stating "will the property be occupied by a relative" Yes was ticked but I think this has gone unnoticed when being prepossessed.

If the property is occupied 40% by parent, brother, sister spouse then must be regulated.

Would do me no harm to contact the new Financial Conduct Authority they might be able to shed some light.

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Who occupied the other 60% and why do you think that it should have been regulated? If it was your mortgage and a second one then I believe that would be unregulated?

Mother occupied 100% of the property!... must be regulated if more than 40% is occupied by spouse, parent, brother, sister

Formal compliant to lender came back stating "we have investigated your compliant sorry you felt the need to complain good bye" nothing to say we think this is what has happened or our records show, Just we have investigated your compliant.

Edited by stress
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  • 1 month later...

Confused!. Maybe someone could shed some light as to how this is right. I bought a property for my mother to live in, I got into difficulty paying the mortgage due to divorce proceedings. The lender was sending correspondence to my mother’s address not the contractual address the mortgage was taken out on (my address) the lenders told my mother to vacate the property giving her 2 months to do so, this was done before any court decree was granted, she moved out exactly 2 months from date of letter! Decree was granted to the lender 6 days later. Can’t get my head round this bit, I was confirmed by the lender as proprietor of the property! I did not live in the property so it was empty and vacant, the lender states my mother was told to leave so vacant possession could take place, I was responsible for the property insurance, maintenance so forth, 4 months after removing my mother I receive alerter saying you are in arrears please let us know what you intend to pay(done that) 8 months later they reposes, with the intention of getting vacant possession. Confused how could they remove my mother before decree, allow the property to remain vacant for 1 yr stating that I am the proprietor, my responsibility! Property was not Buy to let but re mortgage.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?389265-Regulated-Mortgage

 

Stress, is this thread in respect of the issues in your thread linked above ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Not a problem, I will merge both threads else people will not have the full story :) You don't have to do anything at all.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Pre Action Requirements

1. Standard arrears letter

2. Notice of default

3. Calling up notice

4. Decree for repossession.

 

I believe that the only time a lender can evict any one from a property is only after decree has been granted, am I wrong?..

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