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    • Here’s a posting of my ruling from the ombudsman      Dear Sir/Madam    Miss Townsend’s complaint about A Shade Greener (Boilers) LLP (trading as A Shade Greener)   I’m writing with regards to Miss Townend’s complaint.   I’ve now reviewed the additional evidence provided by Miss Townsend in the form of the report from Gas Safe.   This additional evidence has not changed my outcome, but the redress will differ slightly. I’ll explain why below.   For ease, below I’ve attached a copy of my original assessment to refer to. As part of that assessment, Miss Townsend had raised concerns with the installation of the boiler, citing that it wasn’t within building regulations. However based on the evidence at the time, I had concluded that there wasn’t any evidence to suggest this. However, Miss Townsend has now provided a report from Gas Safe who have looked at the installation.   As I referred to in my previous view, ASG under the supply and installation agreement were to –   Install the “Equipment” in a careful and considered way, following best working practices. Carry out a gas safety test and power-flush of the existing heating system and radiators, advising of any leaks. Install a programmable room thermostat and thermostatic radiator valves where required. Dispose of the old boiler.   The conditional sale agreement was between ASG and Miss Townsend. And within the agreement it very clearly states that ASG will supply and install the boiler. There was an express term in the conditional sale agreement that ‘the installation will be carried out in a professional manner with best working practices followed’. I must also take account of relevant legislation when deciding what is fair and reasonable in this complaint. The Consumer Rights Act 2015 (‘CRA’) implied a term in the agreement that any service provided would be carried out with ‘reasonable care and skill’. The installation of a boiler is a service.   Gas Safe attended Miss Townsend’s property on 29 January 2020, which then leads to them subsequently issuing a report on their findings. The report stated the following;     As per the extract above, a number of issues with the boiler meant that it was not installed to current standards. The standard in particular that raises concerns is the location of the flue and the fact it’s located 0mm from a boundary facing terminal. This means that the chimney/flue discharges directly into the adjacent neighbours garden. Miss Townsend has also provided Gas safe and I a copy of a letter from a Solicitor confirming the boundaries of the property in question (please find attached). As you can see from the report, the minimum requirement is that the terminal should be located 600mm from a boundary facing to the terminal.   Given these findings, I don’t find it unreasonable to conclude that the boiler hasn’t been installed with reasonable skill and care, as required under the CRA 2015. This therefore constitutes a breach of the implied term in Miss Townsends and ASG contract. I’ve therefore had to consider the remedy of this breach.    From looking at the case as a whole, also taking into consideration that Miss Townsend had raised this previously and ASG had confirmed there were no issues during their visits to the property to conduct services, I don’t feel repeat performance / repair would be appropriate. It’s also worth noting that these visits to the property were ASG’s opportunities to repair the boiler.    I therefore believe that the boiler should be allowed to be rejected and removed from Miss Townsend’s property.   conclusions For the reasons I’ve explained above, I’m persuaded Miss Townsend’s complaint should be upheld.   I think it’s fair and reasonable in this case that Miss Townend should be allowed to reject the boiler - especially given the problems covered in my original view (power flush issues) and now the evidence of the incorrect installation.    It will also have been inconvenient for Miss Townend to keep calling out an engineer and having a non-compliant boiler for as long as she did. I find ASG should pay Miss Townsend compensation of £400 for this.   I’m therefore recommending that ASG do the following: Remove the boiler from Miss Townsend’s property and not cost or inconvenience to her. Unwind the credit agreement with nothing further to pay, removing any adverse information for her credit file (if applicable) Pay £400 in compensation for the distress and inconvenience caused.   what happens next  
    • Thanks for telling us the story. It's really very shocking. I spaced and punctuated your post a bit – and I'd be grateful if you could space things out properly in future because it's very time consuming. Solid blocks of text are very difficult for people to read and it puts them off. Have you got the letter threatening you with libel please? Please could you post up here in scanned PDF format. We may as well have a laugh. It seems that there are lots of similar experiences with this company – and this issue of the system being choked with debris has come up very often and seems to be the standard excuse.
    • 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   It sounded a bit expensive but they advised that all parts and labour would be covered over that 10 years. Also 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 in fact 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). 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
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aburobert

Capquest and defaulted Marbles Card debt

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Looking for a quick bit of advice.

 

Capquest purchased a defaulted Marbles credit card debt and are reporting it as a current credit card account with themselves. They have been doing this for about a year or so and I only noticed when I checked my credit reports with both Noddle and Clearscore.

 

I have written to Capquest requesting they either prove I have a current credit card account with them or remove the entry from my files with the credit reference agencies. They have replied with a copy of the notice of assignment showing they purchased the debt. Now I have no argument they now own the debt - my argument is they are telling porky pies reporting I have a current credit card account with them and that the marbles account defaulted about seven years ago.

 

As they are giving me the run around who do I report them to for entering false information with the credit reference agencies?

Edited by aburobert
typo

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get proof it was defaulted 7yrs ago.

 

send them a letter with that proof

give them 14 days to remove the account

else you'll complain to the ICO and seek financial compensation.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank DX - will do.

 

I will need to contact Marbles and send them a SAR as I don't think I still have a copy of the default notice amongst the reams of paper referring to all my defaulted accounts of yesteryear.

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you would yes

unless you have an old credit file copy showing it?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Today I received my SAR details back and they were extremely sparse.

 

No signed agreement and no copy or mention of a default notice.

 

Now i did SAR this account when it was a Beneficial account and they came up with the signed agreement. Since then it has changed hands a few times.

 

My question is - since there appears to be no signed copy any more can I put this account into dispute until they can come up with a signed agreement.

 

All they came up with this time is a copy of terms and conditions and a ream or so of copy statements and a computer print of of some kind of account log. This I have carefully gone through and no default notice sent is recorded.

 

The original Beneficial SAR made several years ago I still have somewhere but it is in storage in several dozen large boxes. Is it worth tracking this down or is it best to let sleeping dogs lie and ask Capquest to prove I owe the money?

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no such thing as putting it into dispute.

 

find the Default notice copy

or written proof that is was defaulted xyz date +6yrs ago then as post 2

there no harm in sending them a CCA request too [the DCA]

 

you did send the sar to HFC? [beneficial]

if you can find the original agreement and the T&C's then it will be very very useful to compare against the bogroll capquest might send re CCA request


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks DX - as always I appreciate your input.

 

Received a letter on Saturday informing me the debt has now passed to an outfit called NCO Europe Ltd so am presuming my CCA request now goes to them rather than Capquest?

 

I will send on Wednesday - I'm away for a few days. Will post up again once I have received a reply from the new owners!

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NCO Europe Ltd not debt purchasers but DCA sure you will fins possibly part of Arrow Group???


:mad2::-x:jaw::sad:

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Capquest in all their recent messages (by letter) state the account was purchased from Marbles Credit card - so they are presumably still the owners? And that NCO are just managing the account on their behalf. I have got a copy of the notice of assignment here somewhere that Capquest sent when they purchased the debt.

 

Anyway do I send to Capquest or NCO?

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send to Capquest with payment of `1 x Postal Order for pound Stating for regulatory purposes only Recorded delivery, send a copy of request to NCO, is what I would do?

 

keep copy on files of all request and letters by date filing


:mad2::-x:jaw::sad:

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Thanks Old Cogger - will do as you suggest.

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read and follow CCA request and all its posts in that thread


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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