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    • 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 which sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years and 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 infact 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) to which 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.
    • Thank you dx100uk   I know I dropped the ball on this one and there’s no excuses for it. I should of done my research well before now and not leave all this to the last minute.    I’ll try and get on the website but if I can’t I’ll email this defense over today and keep this form updated.    Once again thank you all for helping me   Andrew
    • Do you live on your own?
    • Okay thanks it is a difficult one.
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gadgetman55

Recovery of overpayment by solicitor and employer is this legal.

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Will make this brief as possible any help or advice would be appreciated.

 

September 2015 daughter leaves job at bank call centre.

October 20th 2015 she receives final pay owed.

 

November 20th and 30th daughter receives letter from overpaid salaries team requesting the return of £390.66 overpayment daughter foolishly ignores letters.

 

December 22nd 2015 My daughter receives letter from solicitors instructing her of the banks passing of debt to be recovered to them. Threat of court action and interest charges, legal costs and court fees will be applied if it goes to court, and all the usual threats that gets included in these letters.

 

December 24th 2015 Daughter comes clean about letters and overpayment to mum and me. Mum agreed to loan her the money to clear debt.

 

24th December 2015, Daughter contacts solicitors payment line while mum listens to call as well, payment approved and reference number given to my daughter, thought that was it all sorted.

 

November 2015 Daughter contacted by banks pension dept as to refunding her contributions made, as she had not completed full year with them, Daughter sends paper work back with details of how refund to be returned Sum of £299 minus tax and NI.

 

Pension refund misses pay date in December so after phone calls made by my daughter was informed it be more likely to be received in Jan 2016 payroll date, No money received by my daughter on 20/01/16 pay date.

 

January 21st 2016 daughter contacts payroll dept to find out why money has not been paid in, as it was a 0845 number phone bill shows time and date and length of call on land line. She was informed on that day and over the phone that the money was not being repaid to her as it was being used as part payment for outstanding debt, a debt that was as far as all were concerned had been cleared, oh how wrong we were. Not once during the phone call did the bank mention that they had informed my daughter by letter or email or phone prior to this date that they were going to recover the money by this means in fact no further correspondence was received from the bank since November.

 

January 21st 2016 A phone call made to solicitors to find out why bank not received the payment, was told by the operative that money had missed there payment date when they pay the creditors. Not once during the phone call on 24th Dec did the operative make clear to my daughter that this would happen or that they would not contact the bank as to the debt being collected. Are they legally allowed to do this, my daughter and myself are at a complete loss as to why this kind of behaviour is allowed to go on.

 

As of me posting this thread no money has been returned to my daughter or any explanation by both companies has been offered should I contact the head office board members and SRA with complaints about this or will I be wasting my time.

 

Thank you for reading the thread.

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Hi gadgetman55 and Welcome to CAG

 

I have moved your thread to a more appropriate forum were you will get a better response.

 

Regards

 

Andy


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If you want advice on your thread please PM me a link to your thread

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Which bank was this please?

 

Your account is not completely clear.

 

I understand that the bank overpaid your daughter's final salary.

 

With your help it was eventually repaid.

 

The bank doesn't seem to appreciated that the money was repaid and have considered it to be an outstanding debt.

 

The bank owes your daughter money in overpaid pension contributions.

 

They are withholding the repayment of the overpaid pension contributions because they are setting it off against what they believe is an outstanding debt – but which has already been repaid.

 

Is this all correct?

 

 

 

Also, can you please tell us a bit about the original overpayment to your daughter? How much should she have been paid? And how much was she actually paid?

 

Did she realise that she had been overpaid at the time?

 

Please will you read our customer services guide and implement the advice there. Start recording all calls when you're dealing with any company especially banks and especially in this case.

 

Once you have set up a call recording system start calling the bank again and start encouraging them into a conversation where they make various admissions.

 

Apart from anything else, it will be interesting to record them saying that they have a salaries overpayments team, and also that money wasn't paid in because some credit date was missed.

 

Get any other information you can but get it recorded. Simply standing next to the phone listening in is not very helpful.


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Thank you for the quick response, the bank in question is LLoyds Bank Plc, after reading your reply i went back and got what i thought was one of the letters LLoyds sent to my daughter reguarding the overpayment, it turns out that the letter on closer look was not from Lloyds but on behalf of Lloyds through Drydensfairfax solicitors but they use headed paper with Lloyds logo on it, and the address on it states LLoyds Banking Group Plc and the PO box number. I do not have the first letter they sent to hand with a breakdown of the alleged overpayment but will ask my daughter for it when she comes home after work assuming she has not lost it. The letter is clearly stating from Overpaid Salaries Team. Until the letters arrived I think she had no idea she had been overpaid but will double check.

 

The money being returned to her by the pension group was for her contrbutions for the period she worked at Lloyds bank call centre, as she had not completed a full year at the job they can return the contributions to her or transfer to another pension scheme, at the time of the pension group contacting her she was still looking for work and so informed them she would have the contributions minus Tax and NI paid back into her bank accout.

 

The solicitors never stated to my daughter that there was a payment date when they would return the money to Lloyds nor that they would not inform Lloyds, is it me or is this a very weired and complicated set up that these companies are running.

 

If you require copy`s of the letters sent, I can upload them with help.

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Lloyds, of course.

 

What a hoot that they're so incompetent that they actually have to have a permanent – Salaries Overpayment Team – in order to unravel their mistakes.

 

The fact that this is clearly a pattern of mistakes may help you later on.

 

Yes please. Please talk to your daughter. Let us know.

 

Meanwhile, please read up on estoppel and you will then understand that it may not have been necessary to succumb to the banks pressure to repay the money if it had been innocently received.

 

However, you can be certain that Lloyds would never tell you your rights whether you are a customer or an employee.

 

However, there may be a basis for pleading an estoppel if you decide to claim for the overpayments and they then raise some kind of counterclaim.

 

You cannot raise an estoppel in a claim so you would be unable to reclaim the money that you have agreed to repay.

 

A shame that you didn't come to us a lot earlier isn't it?


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Just a quick update looks like my daughter has mislaid her first letter from the alleged overpayments dept who look more like the solicitors writing on behalf of Lloyds using the banks stationary. She is going to contact them again with a request to have the paper work re-sent to her. Thanks for all the advice so far, will update as soon as I find out more.

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