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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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Moneybarn!..scottish claim return of vehicle order . arrgghhhhh!!!!


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Hi all,

I am looking for advice? This is lengthy so please be patient with me...

 

I took out HP with Moneybarn in March 2013.

 

I have always maintained my payments of approx £500 a month

 

earlier i suffered a breakdown and as a result had to leave work.

 

I am still unwell and are currently claiming benefit and have always kept Moneybarn up to date with my situation.

They terminated my contract in April and was told that a local Solicitor would be in touch regarding returning the vehicle.

 

I have limited use of the vehicle and it is not accruing major miles BUT it is essential for when i need to use it as I live in a remote area.

 

I received a letter from the Solicitors they appointed mid June saying that I had 5 DAYS to voluntarily give up the vehicle

or they would proceed with court action to repossess.

 

I wrote to the Solictor on advice explaining my situation and the extreme stress and depression I am suffering

and asked that they cease any action for the next 2 months so that I can try and get another 2nd hand car to replace.

 

The thought of having people turn up at my door to take away my car is too much to bear in my current situation

and I was hoping they would consider my genuine and comprehensive explanation.

 

It has been 2 weeks since they advised that they would contact Moneybarn with my request

 

I heard back this morning and the reply stated coldly that 'while the car is in my possession it is decreasing in value

and they urge me to return the voluntarily upload of the vehicle within 3 days of the e mail or they will seek a court order.

 

I just can't cope with this.

All I asked for is time to get my head sorted and get another cheap car to replace.

I only need 4 weeks as I have decided to relocate to be closer to family due to my illness.

 

Im contemplating contacting Moneybarn directly at a higher level or asking the Solicitor to ask them for 4 week.

 

Alternatively, what else can I do just to stall them for the time being

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how much have you paid

how far are you into the agreement more thab 1/3rd?

 

 

can you scan up the agreement and the bill of sale if you have it

 

 

follow the upload guide.

 

 

if you've paid less than 1/3rd they can come and take the vehicle regardless

unless its on private land

over 1/3rd they'll need a court order.

 

 

what you should be doing is requesting voluntart TERMINATION

[you'll have to pay upto the 50% level mid]

or

a time order or a tomlin order.

 

 

DO NOT LET THEM GET YOU ON A VOLUNTARY SURRENDER agreement.

 

 

I've moved you to the moneybarn forum

 

 

LOTS of similar threads to read here

 

 

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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Hi There d,

 

Thank you for your reply.

 

I am over a 3rd in to the agreement.

 

What documents are you requesting exactly? The letter asking for the voluntary surrender or the actual moneybarn agreement? I Cannot find my initial agreement but have my last statement and the termination letter they sent?

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you NEED that agreement and pronto find it.

 

 

if you've paid more thaan 1/3rd they'll need a court order for the return of goods

DONT give up the vehicle to anyone until they have it

 

 

that will take WEEKS to get.

 

 

do NOT voluntary surrender whatever you do!!

 

 

go find the bill of sale too.

 

 

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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I have searched everywhere I can think of and cannot find teh original agreement anywhere.

 

I have the original 'Vehicle Order Agreement' from the dealership.

 

Where can I get a copy of my agreement? Can I get a copy from Moneybarn?

 

The agreement I have is a 'Regulated Conditional Sale' Taken out March 13 for 48 Months.

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Send them a CCA request

 

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... 

 

 

Link to post
Share on other sites

 

The agreement I have is a 'Regulated Conditional Sale' Taken out March 13 for 48 Months.

 

 

do you have the paper copy of this?

 

 

if so scan it up upload

 

 

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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Share on other sites

You obviously have paid more than one third

 

DO Not surrender the vehicle

 

You need to look urgently at time orders

 

You will be given the opportunity within the court papers

 

You won't be able to VT as they have terminated

 

Busy now back later

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Read National Debtline Fact Sheet 06C

 

On mobile so hope the link works, explains everything you need to know

 

https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale/Page-02.aspx

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi dx,

 

I only have a statement of account available. I have written to them asking for a copy of my agreement.

 

Sorry for the delay in responding but had family issues over weekend.

 

I may be paranoid but there was a guy in a short & tie in a car parked outside my house with the engine running and looked like he was either looking at my car or the house it's parked in front of. I HOPE im just being paranoid. He didn't hide his presence!

 

The letter draft you sent me the link to, should I send that additionally to the request I have already sent? this was a letter I generated myself and not a regulation letter. If I am writing directly to Moneybarn, Am i still using the same regulations, Section 77, 78 and 79 of the Consumer Credit act 1974?

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You will need to send the CCA request under s79 HP/Conditional Sale very little difference

 

Google national Debtline Fact Sheet 06C

 

This is the relevant detail you will need from their fact Sheet.......

 

How to apply for a time order during court action

You can apply for a time order if your creditor has started court action to recover hire-purchase or conditional-sale goods.

 

When a creditor goes to court for a ‘return of goods order’, you can ask for this to be suspended on the condition that you pay a fixed amount per month. This will usually be to pay the normal monthly instalment, plus an amount to clear the arrears. If the court agrees to your request, the effect will be the same as if they had made a time order.

 

Filling in the form

Fill in the ‘admission’ form N9C, which comes with the claim form. In Part B, make your offer of payment at a rate that you can afford, where it states: ‘I offer to pay by instalments of £______’. You need to make a reasonable offer, if your request for a suspended order is going to succeed.

 

The witness statement

You should include a ‘witness statement’ with your N9C. You may find the Sample witness statement later on in this fact sheet helpful. The witness statement should include:

 

a request that the court makes a suspended return order under section 135 of the Consumer Credit Act 1974, or alternatively a time order under section 129 of the Consumer Credit Act 1974, and freezes interest and charges under section 136 of the Consumer Credit Act 1974;

your offer of payment from Part B;

a copy of your budget;

a statement of your personal circumstances;

an explanation of why you got behind with payments; and

any information that will help to explain why it is right for the court to agree to your request.

Send the completed form, your witness statement and any supporting paperwork to the court within 14 days.

 

If the court agrees then you will get either:

 

a return order that is not enforceable, as long as you pay off the instalments set by the court; or

a time order.

 

 

Still on mobile so unable to post link

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 4 weeks later...

Hi all,

 

sorry not been on for a while.

 

Received papers from Solicitors representing Moneybarn stating that I have 21 days from 31st July to either get a time order or they will take the car. If I do not get a time order, what is the time frame from the 31st July to when they will collect the car?

 

They enclosed a form 03 (application for time to pay direction or time order) Can I complete this with help from my CAB along with £90 court fee and take this to the court with? It states on the letter that I should instruct a lawyer???

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so you did everything TOR advised in post 12?

 

 

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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No, I haven't done anything yet. I had a family bereavment and haven't been at home for 2 weeks. Im about to go to the local CAB this afternoon as I only have until Friday to do anything.

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follow the info in that post about filing in the time order

get it running

 

 

you don't need cab not a lawyer - its quite simple.

 

 

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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Share on other sites

The n9c form totally confused me... looked really complex. Is there anyway I can upload the form to make sure it's the correct one. Also I can upload the form that came with the citation

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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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Sorry, Im sooo confused. The link you sent opens up a totally different form. Im really getting stressed about this as there is so many different forms!

I just want to get it sorted in the easiest way possible. You stated an N9C form but the link opened up a N1 form?

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no its opens factsheet 06c

 

 

which is the info upon how to fill in the N9C which is the form you have in front of you?

 

 

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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Share on other sites

if you follow the upload guide

and scan to PDF the form you have

let see it.

 

 

 

 

you say citation? are you in Scotland then?

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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Can I send you the form as I have 2.

I have a N9c form ( Claim form - 2 pages) and

a Admission (unspecified amount, non-money and return of goods claims) form?

 

 

which do I need?

 

 

Im not being thick here I promise

 

 

but the national debt line have been rubbish. I called them 2 weeks ago for advise and still have not heard back from them.

 

Yes Im in Scotland

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so the claim has been raised in a Scottish court or English one?

 

 

as far as I am aware

the n9c is the same you use that

and follow post 12

and the link I posted to the ndl factsheet

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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