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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • 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.
       
      • 3 replies
    • 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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PRA Judge & Priestley Claim Form MBNA


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Mahul - this is exactly as I predicted, except that their offer is lower than what I expected. You will need to have your head well and truly screwed on to win this, so it may be worth giving serious consideration to their offer. You may be able to get it down a bit by countering with a sensible offer of your own.

 

As I understand it, to get anywhere with the court, you need to make a 'positive assertion' that the agreement is not compliant. You cannot simply say that the claimant needs to produce a 'true copy', recon isn't acceptable, etc. We can help you to a fair degree, but there are no guarantees.

 

You can probably expect a Summary Judgement application to come next.

 

Sham

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makes you wonder why if they were so sure of winning they offer a short settlement.....urm..

 

 

pay us something before we discontinue....

 

Because they copy agreement and terms & conditions they have just provided you with are still in breach of s.78 and unenforceable as not compliant.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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this is winnable IMO.. as above they have not complied in the first instance with s78 .. Please read and understand s78 it is very easy spend a few days arguing it and explaining it to a friend partner etc. This will clear it up in your own mind and prepare you to argue legally.

 

 

At the beginning of Carey it explains what must be provided in order for the agreement to be a legally binding. Its only a few paragraphs about 2 pages.. read and speak out loud again to someone to gain confidence.

 

Clearly what they have supplied as your agreement is not complkiant. Importantly;

 

the agreemment you signed if you did? where and how did you sign it!! If you went into the bank talked to them and took the form home filled it in and sent it back it fails unders 64 no cancellation notice which it should have anyway.

 

If It fails to have the full copy of all the terms and conditions on the application form when you sign it then it fails.. The Claimant has provided irrefutable proof that it does not contain the full terms and conditions. You should thank them.

 

 

 

The prescribed terms provided (FRC) do not belong to the 10 minute agreement provided as they refer to points that are not available to you.

 

Everyone is willing to help but you have to read and work and understand what you are talking about. You must start now!

 

In your witness statement you must say either this is not te document you signed or/ and this document does not comply with statute law. Search " positive assertion" . Get this in but you dont have to go into to much detail post up your witness statement so we can help.

 

 

regards Jack

WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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