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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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Got a letter before action letter from a spreadbet company, stating I owe them £3k, as my account is in debit.

I havent used this account for 11 months.

 

The debt was caused by the Swiss National Bank removing the peg, so a small bet (in wrong direction) wiped out my account and more.

 

A bit like this:

 

http://www.telegraph.co.uk/finance/personalfinance/investing/11562202/How-370-investors-lost-18m-in-minutes.html

 

Is this debt enforceable in a County Court?

As its not regulated by a CCA, but it says in their T&C that debit balances need to be made good.

 

What steps should i make next?

 

Billy

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Yes they can use the County court and say you owe the money per their T&C's.

 

Have you registered any complaint in line with any regulatory requirements for the spread betting company.

Do they have a complaints process, with an ombudsman or body able to review complaints.

If so, you should follow it.

This should prevent any court claims being issued, while any complaint is in progress.

We could do with some help from you.

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Have responded more fully above

We could do with some help from you.

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You could try with an F&F offer, pointing to any issues you had with this companies services.

You could say you are looking to avoid getting involved in protracted complaints with regulators or through the courts.

We could do with some help from you.

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  • 1 year later...

Received a letter today from Igindex solicitors claiming I owe them approx £3k as a result of a spreadbet going wrong.

 

You may remember when the swiss national bank removed the interest rate peg in Jan 15, which caused a crash in CHF-related currencies. It was a cash account I had, which went negative as a result of this.

 

In the letter they state they will go to county court on behalf of their client, and included a draft of the particulars (3 page document) to document their argument against me.

 

I've had debts before and successfully defended a county court case against me for a loan, but i'm a bit stumped as to how to proceed on this one.

 

Thoughts?

 

BillyRay

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If you could scan and upload the letter and proposed particulars (suitably redacted) billy.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 months later...

the gist of this case against me is:

 

I opened a spreadbet with them.

There was a sudden geo-political event which caused the spreadbet to go into a loss, and they closed the bet off when the markets opened, crystallizing a £3k loss.

 

I opened the account over the net, and didnt sign any documentation in hard copy.

 

At the moment, the account has been referred to a solicitor who have prepared a particulars of claim against me, but not gone to court yet.

 

I dont know how to fight this one in a legal sense. Ideas?

 

Thanks

 

Billyray

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Ideas:

a) it wasn't you who opened the account?. But, it was.

b) They didn't warn you that losses could exceed deposits / 'the bet amount'?. Usually, for spread betting they would, though.

 

Are you asking for ideas because you think you don't owe it (in which case why don't you owe it?)

That you think you owe it but it will be unenforceable (again, why?)

Or you think you owe it and they'll be able to obtain a judgment against you, but you are hoping for a "magic wand to wave" to get you off the hook?

 

Ohh, and a previous respondent asked for a (redacted) scan of the correspondence.

Help us to help you.

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What is their legal basis for closing the bet off ?

 

Was this a reasonable action that could not be avoided ?

 

I think you need to seek advice from people who fully understand the subject matter and can provide reasons for any defence. No point posting to a general forum like this.

We could do with some help from you.

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  • 2 months later...

I had a cash-deposit account with a well-known financial spreadbetting company.

 

The basis of this claim against me is I took out a spreadbet with this company and a force majeur happened, and before I could react they closed my bet at a significant loss, thus crystallizing the debt.

 

I received a draft of particulars (uploaded and redacted) from the solicitor representing the spreadbet company.

 

Any thoughts on this?

spreadbetting POC.pdf

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It is spread betting.

It has risks, it is a form of gambling.

 

Is it correct they warned you that your losses could exceed your deposit?.

If so, and the particulars are correct, the fact you can’t afford to pay doesn’t stop them enforcing......... or at least trying to enforce via the county court (they can’t get blood out of a stone!)

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First make sure no-one can come up with a reason they wouldn’t win in court.

 

If none is forthcoming decide : would a CCJ against me be a disaster?.

If not, and you really can’t afford much per month, let them get a CCJ and apply to pay a minimal amount per month. (Can’t get blood from a stone)

 

If you really don’t want a CCJ : let them know you’d ever be made to repay a nominal amount per month. Then offer them slightly more than that, in a consent order (“Tomlin agreement”).

 

If you’d “be paying forever” you might consider bankruptcy, but it is a “nuclear option”, and you’d want them be sure there was no better choice.

 

 

If they had a “close-out” minimum that became active : they could argue they had acted to put a limit on your loss.

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Is this the same Spread bet as in your previous thread:

https://www.consumeractiongroup.co.uk/forum/showthread.php?478283-Igindex-Spreadbetting-debt&p=5055420#post5055420

 

Unless it isn't, shouldn't these threads be merged?

Were you expecting different answers from the last time you asked the same questions?.

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Threads merged.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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