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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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URGENT HELP!! Shared ownership eviction 9th July!!!!


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The HA have to have separate accounts for your rent account and court costs, and can only claim using arrears on rent. Their legal costs aren't likely to be massive.

 

£2k is quite a significant amount for 50% rent and must have taken a while to accumulate. Have you been paying anything off them?

 

Were the £15k arrears for the mortgage or rent?

 

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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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The HA have to have separate accounts for your rent account and court costs, and can only claim using arrears on rent. Their legal costs aren't likely to be massive.

 

£2k is quite a significant amount for 50% rent and must have taken a while to accumulate. Have you been paying anything off them?

 

Were the £15k arrears for the mortgage or rent?

 

The legal costs are just shy of 1000. I've had some personal issues with my now ex partner which I don't want to go into on here.

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You need to get to the bottom of where this £15k comes from, as if that was advised to the court previously when the suspended possession order was granted, then it needs to be corrected if it is wrong.

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I'm waiting for a callback from them now!! But since the suspended order it is now showing 19k in my account and all payments have been made as per the order.

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They cannot add their charges to your arrears in a possession claim. Arrears are missed monthly payments only

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Absolutely - you should state " I wish to bring to the court's attention that I cannot reconcile the arrears total the Claimant pleads as they appear to contain late payment charges and are therefore not a true reflection of the arrears situation"

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Brilliant thank you so much, I know it's not related to the rent arrears but is the whole reason for the suspended possession order!! I've photocopied the last 2 years statements to include also

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You seem terribly confused...you say the eviction notice is for rent arrears, but the documents you posted up indicate that it is the mortgagee who has issued the warrant - and that ties in with the fact you state the mortgagee holds a suspended possession order.

 

I suspect what has happened, is that the mortgagee has in fact paid your rent arrears and are now claiming possession on the basis of that payment they made, being arrears (which they are legally entitled to do in shared ownership issues such as yours), albeit the vast majority of mortgagees would pay such arrears and add them to the mortgage account.

 

You need to be a bit clearer on what your actual situation is, as I suspect it is the lack of clarity on your part that is causing those who are trying to give you advice (CAB etc) to be so confused about what is going on.

 

If the eviction was due to rent arrears, the claim would be from the housing association - you have not stated they have taken previous possession proceedings against you, therefore it is impossible for them to execute a warrant and have the bailiffs issue the eviction notice. It stands to reason, therefore, that the warrant was executed by those who do hold a suspended possession order, the mortgagee, and that it is they who are seeking to gain possession.

 

You can't apply for a stay unless you are clear on what you are asking the court to do - and to be clear you need to know who you are trying to stop...the housing association, or the mortgagee.

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I was confused initially as when I first called the mortgage co upon receipt of rhe notice they told me they did not know that this had been issued and that the incorrect form had been sent by the solicitor and should have been for an owner/occupier and not tenant/occupier.

 

I have now found out that it is indeed the mortgage company seeking possession based on rent arrears which they have consolidated. What I am concerned about is the amount of interest and charges that have been added onto my account since the suspension in November.

 

Seems like all is lost then

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The suspended order is a joint one between the mortgage and housing association. Although at the time of the hearing the solicitors failed to add the HA and had to get the order amended.

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The suspended order is a joint one between the mortgage and housing association. Although at the time of the hearing the solicitors failed to add the HA and had to get the order amended.

 

There is no such thing as a 'joint suspended possession order' - each party would have made their own claim for possession under their own grounds, which means that there are two suspended possession orders on the property, however, as the mortgagee has paid off your rent arrears, it is they who are executing the warrant on their SPO, not the housing association.

 

This does indeed mean that all is not lost, as the court will allow your stay IF you can afford the monthly mortgage instalment (which will be higher if they have capitalised the rent arrears) plus an amount towards the arrears. The process for applying for a stay is now as straightforward as it is for any other eviction warrant relating to mortgage arrears.

 

Your problem arises if you can't afford CMI plus a Norgan compliant amount towards the arrears. Your repeated failure to keep up with both the rent and the mortgage payments means that affordability is going to raise its head (expect the mortgage company's legal rep to state as much), and if it can be shown that you simply can't afford to make both payments, then you are scuppered and your stay application will be dismissed.

 

You need a full income and expenditure showing affordability.

 

If you're on a low income, you can claim housing benefit to help with the rent - and if you are unemployed, you could apply for statutory mortgage interest payments from the DWP...you have to have been unemployed for 13 weeks before claiming.

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When I attended the suspended possession hearing the solicitors wrote approximately a month after to advise they had not added the HA onto the order, the mortgagee also told me that they were both on this order so they've given me incorrect info somewhere.

 

I currently pay and extra amount agreed by the court and is it worth adding extra??

 

As per Norgan there is 22 years left and at the rate of arrears I'd be looking at an extra 57 per month. I already pay 100 and haven't missed this since the suspension order. The mortgage arrears currently stand at just over 600 and that was confirmed today so the 15k is largely made of rent arrears paid by them, charges and interest. I have asked for a full breakdown.

 

I will be stating on the N244 the above paragraph Ell-enn quoted as I do believe they have added something else in there especially as my current balance has gone up 4k despite sticking to the agreement on the mortgage side.

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Think you will have to evidence that you can afford the new mortgage payments including added rent arrears, plus the rent payments to the HA going forward. You could ask the court for time to work with the mortgage company to look at affordability, as you have had a lack of information from the mortgage company as to what they have been doing.

We could do with some help from you.

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Yes this is what I worked out with CAB have the budget sheet that they did to file with the N244.

 

My main concern is that I have the correct form as it's totally different to the ones shown on here and other websites.

 

I got it directly from the court. I will be speaking to the personal support unit based in the court before filing just to make sure.

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Yes this is what I worked out with CAB have the budget sheet that they did to file with the N244.

 

My main concern is that I have the correct form as it's totally different to the ones shown on here and other websites.

 

I got it directly from the court. I will be speaking to the personal support unit based in the court before filing just to make sure.

 

I think the form is slightly different court paper copy versus online version

 

What confuses me about the situation is the amount of rent arrears that appears to have been added to the mortgage, when you have not mentioned receiving letters and statements showing this. If that has happened, I cannot believe the mortgage company have followed a legally compliant process and this may help you. Surely they had to issue you with some form of warning letter or notice, before adding the rent arrears to the mortgage account.

We could do with some help from you.

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When I attended the suspended possession hearing the solicitors wrote approximately a month after to advise they had not added the HA onto the order, the mortgagee also told me that they were both on this order so they've given me incorrect info somewhere.

 

To be fair, given your apparent confusion, it's more likely you have misunderstood than that they have given incorrect information. The fact is that the claims for possession would HAVE to be made separately, as the grounds under which each party could claim are vastly different and bear no relation to each other. It sounds as if they both made a claim and sent separate claim forms to you - look through your paperwork and check. Though at this stage it's largely immaterial as it is the mortgagee that issued the warrant (best option for you).

 

I currently pay and extra amount agreed by the court and is it worth adding extra??
The amount you pay was calculated on the basis of your previous mortgage arrears, not the money that they now seem to be claiming for (the extra from the arrears they paid). So yes, you will probably have to pay more to satisfy the court.

 

As per Norgan there is 22 years left and at the rate of arrears I'd be looking at an extra 57 per month. I already pay 100 and haven't missed this since the suspension order. The mortgage arrears currently stand at just over 600 and that was confirmed today so the 15k is largely made of rent arrears paid by them, charges and interest. I have asked for a full breakdown.
You may not have missed any mortgage payments - but did you miss rental payments? According to you, the HA also has an SPO, which means you would have been ordered to pay the rent plus an amount towards the rent arrears.

 

I will be stating on the N244 the above paragraph Ell-enn quoted as I do believe they have added something else in there especially as my current balance has gone up 4k despite sticking to the agreement on the mortgage side.
They may well have done - but you have neglected to post any figures whatsoever, so no one here can give you anything close to accurate advice.

 

 

  1. How much were your rent arrears when you were taken to court in November 2014?
  2. How much were your mortgage arrears when you were taken to court in November 2014?
  3. How much is your monthly mortgage payment?
  4. How much is your monthly/weekly rent payment?
  5. Have you consistently paid both the mortgage and the rent, and any amounts towards the arrears since Nov 2014?

Someone has mentioned the mortgage company not informing you about them paying the rent arrears - under a shared ownership contract, they don't have to tell you in advance, merely inform you afterwards that you now owe X - it is part of your contract with the mortgagee and part of your contract with the HA that the mortgagee will have the option to pay any rent arrears.

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The N244 has been filed hearing on Monday. I've done all I can now and thank everyone for their guidance. I did put a request to be able to stay in the property for a reasonable time should the arrangement be refused but not even sure this is an option

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Just home from court!! Suspended again at the same rate as previously plus some towards rent arrears!! The HA didn't even send a representative. Now I can get in and claim all those ridiculous charges back which will bring down the outstanding balance significantly!!

 

Thanks for all your help again (I didn't require help in terms of figures just filling the form in which is why I didn't post them up)

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That's great news, you must be relieved. Make sure you keep up the payments - make payment a few days before the due date if possible. If you miss a payment they will apply to evict again.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you both!!! Now the ex is never coming back to abuse me both mentally and financially I will be able to do this!!!! And I will definitely be going to the FOS over Acendens extortionate charges.

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Well done. :)

 

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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