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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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Hi

 

Looking for some advice

 

 

i returned to work on Friday 16th October after 2 weeks of paternity leave

and every day from then to now i have been working over 14 - 15 hours a day due to poor management skills,

lack of communication between other engineers and contruction issues on the job,

 

 

your being told to wait for this person they will be this long

you're waiting over an hour for them to do the job

then 1 hour and 30 minutes for your job which you cant start until they have carried out their job

 

 

im on pay per job and being told to wait around or get disciplined

 

Last night after another 14 hour day i was on my way home

joining the motorway from the sliproad

completely my fault which ive already admitted to my company

i was not concentrating

was looking to the right to see if any cars was coming from the round about

and didnt see a ford mondeo in front of me

 

 

went right into the back of her,

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

I phoned my company to explain which they have been very reasonable about up to now

 

 

been told ill have to pay the £1000 excess for the van which will be taken by installments on a monthly basis

surely the excess cant be £1000

wasnt a bad accident

everyone was ok apart from my back throbs from time to time since the crash

 

People keep telling me to put a claim in but im not sure if you can when the accident is your fault

 

need some advice please many thanks

 

My misses is blaming the hours they are making me work and not having enough sleep

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First question is have you signed the opt out for the working time regulations. These regulations limit you to a 48 hour maximum working week and an 11 hour day

 

They also cannot charge you any excess unless stipulated in your contract of employment

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What was the outcome of your previous problem with them docking your wages for damage to customer property? On that thread I asked you to check what you had signed when you TUPEd over.

 

 

Still cant assist until e know what you signed.

 

 

I cannot see this employment relationship ending well...

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I think i may of opted in to that a few years ago when i wasnt doing the kind of hours im doing now

 

 

the work has picked up and everyone is now doing long hours,

 

 

i will speak to my collegue tommorow and get him to bring his contract in so i can read it i cant seem to find mine

 

There was nothing in the contract about them deducting wages without giving me notice

this is now being dealt with by acas,

 

 

Problem with the crash was over tired on my way home driving in the dark

i was simply not concentrating,

 

 

The company is a shambles that many people have come and gone in the space of 6 months of working for this new company

 

 

it actual upsets me to see so many good lads which i class as friends gone

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Did you get copies of what you signed when you TUPEd? You need to have all of your contracts and amendments that you have signed to fully know where you stand. Does your colleague also have copies of those?

 

 

The legal argument would be that you should not drive when tired and therefore it is your responsibility. The shambolicness of the company doe not affect tht.

 

 

How the damages are recovered, and to what amount, will vary depending on what you signed.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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You are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Edited by obiter dictum
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You are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

 

There is also the Driving at work Act.. have a read thru....:| I was in the same position, driving long hours and the company didn't give a dam. they put pressure on to get the job done, this is just the tip of the iceberg. :mad2:

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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pleas elink to this driving at work act

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

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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  • 2 months later...
Hi

 

 

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

 

surely the excess cant be £1000

wasnt a bad accident

 

 

What need to happen for you to consider it a "bad" accident?.

 

The van was written off, so the full excess may well apply.

The person who you ran into the back of may also have a personal injury claim.

 

the excess can't be £1000 if the agreement you signed (or were made aware of) states less, but can be £1000 if that was what you agreed .........

 

You may be able to try to claim contributory negligence by the company, but if you were too tired to drive safely, you shouldn't have been driving?.

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