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    • I’d not read the final response in my cloud notifications, infact I did not receive the original response until it landed on my doormat on the 01/11/2018.
    • Here’s a posting of my ruling from the ombudsman      Dear Sir/Madam    Miss Townsend’s complaint about A Shade Greener (Boilers) LLP (trading as A Shade Greener)   I’m writing with regards to Miss Townend’s complaint.   I’ve now reviewed the additional evidence provided by Miss Townsend in the form of the report from Gas Safe.   This additional evidence has not changed my outcome, but the redress will differ slightly. I’ll explain why below.   For ease, below I’ve attached a copy of my original assessment to refer to. As part of that assessment, Miss Townsend had raised concerns with the installation of the boiler, citing that it wasn’t within building regulations. However based on the evidence at the time, I had concluded that there wasn’t any evidence to suggest this. However, Miss Townsend has now provided a report from Gas Safe who have looked at the installation.   As I referred to in my previous view, ASG under the supply and installation agreement were to –   Install the “Equipment” in a careful and considered way, following best working practices. Carry out a gas safety test and power-flush of the existing heating system and radiators, advising of any leaks. Install a programmable room thermostat and thermostatic radiator valves where required. Dispose of the old boiler.   The conditional sale agreement was between ASG and Miss Townsend. And within the agreement it very clearly states that ASG will supply and install the boiler. There was an express term in the conditional sale agreement that ‘the installation will be carried out in a professional manner with best working practices followed’. I must also take account of relevant legislation when deciding what is fair and reasonable in this complaint. The Consumer Rights Act 2015 (‘CRA’) implied a term in the agreement that any service provided would be carried out with ‘reasonable care and skill’. The installation of a boiler is a service.   Gas Safe attended Miss Townsend’s property on 29 January 2020, which then leads to them subsequently issuing a report on their findings. The report stated the following;     As per the extract above, a number of issues with the boiler meant that it was not installed to current standards. The standard in particular that raises concerns is the location of the flue and the fact it’s located 0mm from a boundary facing terminal. This means that the chimney/flue discharges directly into the adjacent neighbours garden. Miss Townsend has also provided Gas safe and I a copy of a letter from a Solicitor confirming the boundaries of the property in question (please find attached). As you can see from the report, the minimum requirement is that the terminal should be located 600mm from a boundary facing to the terminal.   Given these findings, I don’t find it unreasonable to conclude that the boiler hasn’t been installed with reasonable skill and care, as required under the CRA 2015. This therefore constitutes a breach of the implied term in Miss Townsends and ASG contract. I’ve therefore had to consider the remedy of this breach.    From looking at the case as a whole, also taking into consideration that Miss Townsend had raised this previously and ASG had confirmed there were no issues during their visits to the property to conduct services, I don’t feel repeat performance / repair would be appropriate. It’s also worth noting that these visits to the property were ASG’s opportunities to repair the boiler.    I therefore believe that the boiler should be allowed to be rejected and removed from Miss Townsend’s property.   conclusions For the reasons I’ve explained above, I’m persuaded Miss Townsend’s complaint should be upheld.   I think it’s fair and reasonable in this case that Miss Townend should be allowed to reject the boiler - especially given the problems covered in my original view (power flush issues) and now the evidence of the incorrect installation.    It will also have been inconvenient for Miss Townend to keep calling out an engineer and having a non-compliant boiler for as long as she did. I find ASG should pay Miss Townsend compensation of £400 for this.   I’m therefore recommending that ASG do the following: Remove the boiler from Miss Townsend’s property and not cost or inconvenience to her. Unwind the credit agreement with nothing further to pay, removing any adverse information for her credit file (if applicable) Pay £400 in compensation for the distress and inconvenience caused.   what happens next  
    • Thanks for telling us the story. It's really very shocking. I spaced and punctuated your post a bit – and I'd be grateful if you could space things out properly in future because it's very time consuming. Solid blocks of text are very difficult for people to read and it puts them off. Have you got the letter threatening you with libel please? Please could you post up here in scanned PDF format. We may as well have a laugh. It seems that there are lots of similar experiences with this company – and this issue of the system being choked with debris has come up very often and seems to be the standard excuse.
    • In March 2016 I took out a boiler from a shade greener on a conditional sale for 10 years was approximately £40 per month for 10 years   It sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years. Also an annual safety check which sounded great as it took away the worries of the boiler breaking down and replacing with expensive parts.  Plus they said they would power flush it so I went ahead.   And also they had a call out of a maximum of waiting 24 hours.    The whole installation and power flush took approx 4.5 hours. I didn’t have any problems until 23 months later when the hot water was playing up and I was told when I rung that if it was debris in my boiler that the visit would be chargeable. I advised none of this was mentioned when I took the agreement but they was insistent. As it happened I was due a service within a couple of days so they did the visit and said it was debris and they cleaned the heat exchange plate as a gesture of goodwill. Approx 6 months later started having intermittent problems with hot water so I called again and was told by an advisor over the phone that it was my heat exchange plate which was blocked due to debris and I would be charged.  I asked the advisor if he was a gas safety registered engineer and he said he wasn’t so I asked how he could be making such technical diagnosis’s over the telephone and I asked why the boiler would be blocked with debris when a power flush is supposed to last 5-6 years, I also asked if they cleaned the filter on a boiler service which they said they didn’t and they didn’t have to. I got my own gas engineer to check and it was a different fault and rang back and they sent someone out. I made a complaint to Asg and i posted on social media about the disgraceful way I was spoken to on the phone and their service in general only to be sent a letter threatening libel on me and I had two days to sign a letter promising I wouldn’t post anymore on such platforms. Hence i didn’t sign and the Facebook group was changed to private however within 24 hours staff members of Asg tried to infiltrate the group and when I raised this with Asg they banned me from using the 24 hour call out facility and would only allow me to communicate by recorded delivery as I’d been abusive and threatening to staff which they apparently had proof of to provide to the courts if necessary. I did a sars request to asg to request said copper of emails and call recordings to which they couldn’t supply so I made a complaint to the information commissioners office who in turn raised this with asg who admitted they in fact did not have these (because it never happened). Also it transpired that my boiler wasn’t fitted to gas safe regulations/building regs/manufacturers instructions to which asg denied (the flue was discharging into next doors garden). Asg sent their head engineer round who got my tenant to sign documents (with my name in the boxes) to say their was no issue with the flue even though this had been raised several time’s. I also found out there was a charge registered against my property which prevented me from remortgaging even onto a better rate that was never mentioned when I signed up. I took these issues to the financial ombudsman who looked at the case and in the meantime I got gas safe to inspect the boiler who confirmed it wasn’t legally compliant after my solicitor checked the boundaries of the property so the ombudsman ruled in my favour that they should wind down the credit agreement, remove the boiler and pay me £400 compensation. As asg had many opportunities to rectify the issues and chose not to, they also didn’t believe that the boiler flush was done to a correct standard as after researching it should take 2 days to fit a boiler and do a complete power flush. I have never dealt with a company like a shade greener in my life and sincerely hope that telling my story that no one falls foul to these again.    
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littlebitlost

High street bank fraudulent activity

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Hello kind people! :)

 

Long story short, it sounds unreal but I assure you it certainly is true.

 

In 2007 I took a loan from a high street bank

I originally applied for 7k.

Then decided to round the amount up to 10k, which they happily agreed to do and the money was in my account the same day.

However, the next day the bank paid another 10k into my account (!)

 

I went to the bank branch where I took the loan from and they simply said it was a mistake and removed the extra 10k.

 

Recently I have received a letter from debt collectors asking for that virtual 10k which I have never applied for and never taken.

It turns out that the bank still had that virtual 10k on my account as a loan!

 

Now the debt collectors backed off after I asked them to get that mess sorted with the bank and apparently they're awaiting the bank's response.

 

My question is what will be the reasonable compensation for messing my credit score with a virtual 10k debt and all the hassle they have caused me for years?

Should I take this to small claims court or any other court?

 

To me this is a full on fraud as the bank blatantly refused to remove this virtual 10k although there has never been a loan agreement on that and asked me to pay the virtual loan which I have never asked for. The 10k has been withdrawn back from my account within an hour after I reported their mistake back in 2007 but the amount has been still held on my record :mad2:

 

All help will be greatly appreciated.

 

Lots of love

 

Littlebitlost

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Does this £10k show on your Credit Files, have you statements showing this £10k ?


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hello maroondevo52

 

Thank you for your message.

 

Yes it shows on my Experian credit record. It's a farce, they messed up my credit score with some virtual loan I have never taken or asked for and into a tune of £10,000! It's just hard to believe.

 

I have spotted this a year ago and asked the bank to remove it but they refused, saying that I owe them that 10k!

 

I still have a big pile of statements I requested before closing my account with them and I am pretty sure that this virtual 10k is shown as in and out on there.

Most importantly there was never a loan agreement for 20k. I have only applied and agreed to take 10k.

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You would need to prove any damage to your credit reputation.. eg, higher interest rates, refused loans, mobile phone contracts et.

 

Take screen shots of your credit file with the virtual loan showing as a defaulting account.


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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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Also, ignore the DCA. They have no rights and are probably the bank wearing another hat anyway.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You might also want to send a Subject Access Request to the bank - it will cost you £10.00 and they have 40 calendar days to provide this information.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406188-DWP-Subject-Access-Request-From-(SAR)-**Updated-March-2014**

 

Although you say you still have the statements, you might find something on the communication log/diary of events that confirms that you have pointed this error out previously and yet the bank and subsequently a DCA have been messing with your credit file !


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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Thanks guys,

 

The amount is there on my Experian report and the fact that the DCA are asking for it with a letter is a proof enough that the amount is there on my file.

 

I don't think I need to prove any refused loans as the damage with a fake TEN THOUSAND pounds on my account for a few years and it simply is a FRAUD.

 

If any of us did that we would be in jail. I need yo make sure they learn the lesson hard way and compensate this ridiculous mess with a reasonable amount.

 

 

With regards to the clowns from DCA I have dealt with them before. Thankfully with some priceless help from kind people on this forum. I have also proudly donated to keep this amazing service going and will not hesitate to show my support again once this farcical fraud case is resolved in a satisfactory way :)

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Hey citizenB,

 

Thank you again for your kind interest and replies.

 

Just to confirm that the account is indeed in default. I have asked Experian to contact the bank on my behalf last year, which they kindly did.

They provided me with a direct telephone number for the bank. I have spoken to the people in the bank and explained them the situation, pointing out that it is their mistake but they blatantly refused to listen to my explanations and stated that they categorically expect me to pay the disputed 10k.

So as you can see I have tried to sort this out peacefully and gave them the chance which they refused.

 

It is damaging enough to have a virtual £10,000 sitting on your credit score for a few years and I don't think that this is acceptable or excusable.

It has indeed prevented me from even thinking about applying for any loans or even changing jobs.

What would be the point if my credit score has been reduced to "very poor" by the bank's fraudulent activity?

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If you want to deal with this matter and maximise the compensation that you might get, then you will have to do deal with it methodically and prepare your case thoroughly.

 

You say that you don't need to prove any refused loans or anything simply because of the principle that this £10,000 has appeared on your account. I'm sorry to say that you are wrong.

 

If you do not provide thorough evidence of the damage that has been caused to you then although you will get some compensation it will be just a token.

 

Before you take any action here, you need to start assembling as much information as possible so that you are able to explain to a court exactly what has happened.

 

This means that you need to begin by sending an SAR as you have already been advised above. You also need to list out here the way that you have suffered – either in terms of actual losses – meaning costs that you have incurred, the damage to your credit file in terms of how this might have resulted in refused credit or more expensive credit or lost opportunity for instance to buy houses or other items that you needed.

 

You also need to explain how this matter has caused you any distress if you are going to bring an action under the Data Protection Act.

 

If you are prepared to go about this in this detailed and structured way then you will put yourself in a position where you can win your case without too much trouble and also get the most compensation possible.

Also, you need to stop using the word "fraud" unless you are able to show real dishonest intent and dishonest activity.

 

Using the word "fraud" in court cases tends to make judges very suspicious and tends to put them off in the absence of any proper evidence.

 

At the end of the day this is probably bungling by the bank – and this is not at all unknown, in fact it seems to be extremely common.

 

Stick to the fact that they have breached their contractual obligations to you by mismanaging your account and carry on in a levelheaded and businesslike way and you will maximise the likely outcome for yourself.


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Thank you for your input BankFodder,

 

It certainly did cause a severe distress as having been asked to pay back £10,000 which I have never actually received or applied for has put me under lot of stress.

 

I will send the SAR to them and await for their reply. Thank you for this advice.

 

Wouldn't the fact that my credit score has been reduced to the lowest possible, be enough to prove that it has put me off from even applying for a mortgage (which I have asked for previously, not officially in writing but during a chat) or any other loan? This is pretty much self explanatory and any person with a common sense wouldn't be asking for a loan or a credit card with such a low credit score. It would simply cause even more damage.

 

Finally, how about some free advertising for the bank in question and exposing the story to media? Surely it wouldn't be in their interest to get this exposed.

It is ME who has been a victim here. I really don't think that I need to justify my claim to be compensated for their greediness and nothing short of a fraud.

Why should we let these criminals get away with their extortion practices?

It's unacceptable.

 

Thank you for pointing out that the 'fraud' isn't the right word to use in this case. It's based on my experience with the bank during our telephone conversation, when they absolutely refused to listen to my explanations and didn't even want to check any of their records.

It's that behaviour that prompted me to think that they are doing this deliberately.

Edited by littlebitlost

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As you have been with us since 2009, I'm sure that you are familiar with our customer services guide. Did you implement any of the advice in that guide when you are dealing with them on the telephone? If you did then you will have all the evidence of the telephone call that you made. If you didn't then you better try and understand why you didn't.

 

Not applying for a mortgage is not evidence of anything. If you can show some proof that you intended to move or intended to remortgage and you decided not to then maybe that will assist your case. However, judges are always suspicious of awarding damages for these kind of things. You need to make a case.


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Thank you BankFodder,

 

I have been suffering from severe depression during the time I made that call and haven't recorded it, didn't take the name neither, I was just extremely upset and wanted it to be all over.

 

Oh well, thanks again for all the advice but I am not letting them get away with it and if it takes exposing them to media I won't hesitate to do so.

They need to learn to respect their customers.

It's not acceptable that the bank can ruin someone's life for a few years and simply say 'oooops sorry! It was a mistake.'

I'm not having it.

 

Simply speaking, they though they could milk me out of £10,000 so why don't I apply the same way of thinking and ask them to compensate me for the amount they tried to take away from me?

 

I will ask them to come up with a reasonable compensation, out of court settlement first.

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Did you take bankfodders advice on board? He's probably one of the most qualified people on this site to give you the advice he has. You cannot simply ask for a random amount of compensation. You would be laughed at.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Compensation is based on LOSS

 

To get compensation you have to prove you have LOST something

 

What ifs, maybes etc are not loss based. You have lost nothing.

 

Loss of oppertunity must be proved. EG mortgage refusal

Or being given credit at a higher rate BECAUSE of their mistake.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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