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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?
       
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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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Hello People

 

First of all thanks to admin for creating this platform for people to ask their questions.

 

To begin with me and my wife worked full time and had our own individual train pass

but she went on maternity in sept 2012 and joined work in jul 2013.

 

We both work for same company and we work flexible hours now so i work 4 days a week

and she works remaining of the 3 days so that we can look after our daughter ourselves.

We thought it was obvious that we take one monthly pass as only one of us will be at work at a time,

which i know now is not allowed and did a grave mistake by not checking it before.

 

My wife was caught using pass which was registered in my name.

We both got a letter from the train company to attend a interview at the train station.

Now we dont know what will happen,

what to expect in the interview whether they will be happy to do out of court settlement or w will be prosecuted,

 

we just started a family and dont want to ruin our future.

If anyone has any suggestions or tips or any personal experience please share and help.

 

We both are hardworking individuals in fact on the same train journey my wife found an unattended wallet

and she rightfully handed over to the ticket master before she was caught using my train pass

i am aware this has nothing to do with my query but just thought ill share.

 

Thanks

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Hi and welcome to CAG.

 

No doubt the "pass" (which ever type it is) will clearly state in it's T & C's that it is not transferable. Also, ignorance of the rules is not normally a valid defence.

 

Having cleared that up, you should simply write a grovelling letter pointing out that this is you one and only travel "offence". It is important that you admit the offence and now understand the rules and that you will never do it again.

 

I'm sure that unless you have a previous history of doing something similar, that they will apply an official caution against prosecution.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hello Sailor Sam,

 

Thanks for the quick reply.

 

I agree i should have checked the T&C's, ignorance is not my defence.

 

But in the letter it gives a mobile number and says please call us on the day you arrive at the station for the interview

should i still write a letter or just go for the interview.

 

As per the previous threads one gets a letter for prosecution and then the defendant writes a letter for forgiveness

but i got a letter straight away for an interview.

 

Please shed some light if you can.

 

Many Thanks

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It won't do any harm in you writing down an explanation to which you can refer to in the interview. Important thing is to admit that you made the mistake and that you won't do it again. If you have no previous, than I would say there is a good chance they will treat you sympathetically.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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simple answer is to be honest at the interview

 

its not there to trip you up

 

just simply to get at the truth.

 

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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Thanx for the reply dx. I am going to be honest at the interview the only thing worrying me is if they decide to prosecute will i end up with criminal conviction as im in middle of applying for mortgage and also need to apply for my visa extension in 3 years time not sure if it affects me...having sleepless nights at the moment.

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your visa should be ok

 

I VERY much doubt they'll prosecute

but they wont say so at the interview I don't think.

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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As has been said, be honest in the interview and await the outcome. For them to invite you to a second interview means they need more information regarding what occurred. Be truthful and await the outcome. They my offer a final warning and for you to meet their reasonable admin costs. If this is the case I strongly recommend taking this route. If they say they will be proceeding to court, it's up to you to offer to settle the matter administratively, whilst saying you appreciate what you did was wrong etc, and how a criminal record could affect your future.

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  • 1 month later...

Hello Guys, i attended an interview and they have offered me an out of court settlement for me and my wife. Heres the cost, ready its £322 fine for my wife and £1000 admin cost for her and £1000 admin cost for me ie total of £2322 out of court settlement. What do you people think i should do. We cannot afford this amount of money do you people think i should somehow pay this and avoid or wait for court summons. Please Help. Thanks

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Hello Guys, i attended an interview and they have offered me an out of court settlement for me and my wife. Heres the cost, ready its £322 fine for my wife and £1000 admin cost for her and £1000 admin cost for me ie total of £2322 out of court settlement. What do you people think i should do. We cannot afford this amount of money do you people think i should somehow pay this and avoid or wait for court summons. Please Help. Thanks

 

If you choose to pay this administrative penalty (it isn't a fine : only a court has the power to fine you) then they won't take you to court.

 

If it goes to court, your wife can be prosecuted for using your pass.

If they are asking you for an administrative penalty : are they considering prosecuting you for making your pass available to you wife?

 

In court one or both of you might be found guilty of a criminal offence.

 

The issue becomes how much (if anything ??) you might be financially better off by going to court AGAINST the fact that if found guilty in court your wife and/or you may get a criminal record .......

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Thanks for the reply Bazzas. We already admitted guilty in the interview so even if im being taken to court i dont have anything to fight for. But the amount they have asked for is extortionate. Also this is out if court settlement and they are not taking us to court.

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Thanks for the reply Bazzas. We already admitted guilty in the interview so even if im being taken to court i dont have anything to fight for. But the amount they have asked for is extortionate. Also this is out if court settlement and they are not taking us to court.

 

Precisely! It is "out of court" : so no criminal record.

Perhaps the industry experts here could give you an idea of how much you'd be looking at in total if it went to court.

 

Even if the "went to court" cost is less (and I doubt it!), would the difference be worth it to you given that court will likely mean a criminal record.

 

The sole advantage of costs imposed by court is that if you require time to pay the court may set a payment plan, while the TOC's alternative to court will need payment "in one go".

 

If you are worried e.g. about the effect on a visa of a conviction, you should seriously consider the TOC's offer.

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The fine will be set at maximum of level 3 on the standard scale (as defined in Section 37 of the Criminal Justice Act 1982, subsequently amended by Section 17 of the Criminal Justice Act 1991, etc): at the mo... £1000.

 

Although first offences rarely attract the top level; is there any previous involved that the firm are aware of, maybe?

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Yeah thats right 'wow' even we are shocked. May be when they took our interview they asked us what effect it will have on our jobs if we get ciminal record and i said we will lose ours jobs coz we work in financial institution. I think because of this they know whatever fine they give us we will accept. Can you beilieve the charges for the interview they took they have charged £800 each just for the interview.

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Yes they did gave the breakdown...for my wife its £800 interview fee £500 prosecutor fee and £322 southwest trains lost earnings and for me its £800 interview fee £500 prosecutor fee but after 'discount' according to them they will settle in £2322. Im worried coz i cannot afford that much and i believe this is exploitation.

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I think that might be it and because im in the wrong i have nothing to fight for...they are right on their part. I have given them a lower amount lets see if they will accept it because i dont have enough money to pay the amount of £2300+

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Worth a try; but they generally do not (i.e., never) allow payment in instalments.

Basically, what they are (not) saying is that one of you is guaranteed to be convicted, and that the only way to avoid it is for both of you to pay twice as much.

 

Off the record, I would be interested to hear what a magistrate would say about that strategy: it smacks of demanding money with menaces slightly. However, I dare say it's within the letter of the law, depending on exactly how they have worded it.

 

Good luck with whatever course of action you choose, and let us know.

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Hello People, Just to update SWT declined our offer of lower amount and want full amount of £2322 from us so i guess we have no option but to pay. They also confirmed if we pay this amount we will not be prosecuted. Thank you all for helping us out.

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I'm not comfortable with this... I would speak to a solicitor before paying. It maybe financially better to have your day in court. I can't see the court fining you anywhere near that amount. BUT of course you risk having a conviction which i'm sure you don't want. I can't help thinking that SWT are holding a gun against your head in saying "pay up to avoid court". The word "bribe" springs to mind...

 

See a solicitor is my advice now.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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You are right on word this is politically correct way of blackmailing people to force them into paying huge fines but the thing is im on a visa so a criminal conviction means i will have complications with my visa...and even if i go to a solicitor now i will be paying the solicitor plus taking a risk of getting convicted because i have accepted it was my fault even if it was unintentional. Its our savings of 4 months that they are asking for..i cant risk with a conviction i have been working in this country for 7 years now and cannot take any chances.

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