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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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Lowell claimform - old disputed Studio Cards debt ***Claim Discontinued***


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It will be the scanning quality.

 

Their letter has a printed signature on, not an original signature.

 

There is nothing that contains my signature, so if you look at the credit agreement which does look like a copy, the only input on there is the date of November 2011, it doesn't contain my signature anywhere on any of the paperwork that they have supplied.

 

Attached are photos of the documents that they sent me - ignore the black mark on the agreement, this was where I went through the personal info with a marker pen

 

 

 

docs2.pdf

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And you state you applied for this credit agreement on line ....and yet the agreement states the agreement is none cancellable you have no rights to cancel the agreement...mmm?

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A regulated agreement is not properly executed unless

  • A document in the prescribed form, itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner; and
  • The document embodies all the terms of the agreement, other than implied terms; and
  • The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

http://www.legislation.gov.uk/ukpga/1974/39/part/V/crossheading/cancellation-of-certain-agreements-within-coolingoff-period

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No...retain it for your statement should it proceed...simply add after your comment re section 78 and that they complied, that the purported agreement is lacking all the prescribed terms and therefore unenforceable...then let them try to decide in what way.

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Check post #41 now I have added it to the defence.

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Yes providing your happy with the contents.

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what else does the letter tell 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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so what does the 2nd  Paragraph say....

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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im not asking to see it

I know what it says

you need to READ  and UNDERSTAND  IT..

 

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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  • 3 weeks later...

As an update, I have now received the attached N180 form as an offer of mediation - this is the first time I have ever seen a form like this so I have been having a quick read on the site and will have more of an in-depth read over the weekend and see what I need to do.

 

If anyone could give me any pointers, would really appreciate it and this is alien to me so I now need to do some homework :-)

Mediation Letter Nov 2019.pdf

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  • 4 weeks later...

I have now received the relevant forms "notice of proposed allocation to the small claims track" Form N149A

 

I just have a few questions please:

  • Do you agree to this case being referred to to the small claims mediation services - yes 
  • Add contact details - yes 
  • Do you agree that the small claims track is the appropriate track for his case - yes 
  • Enter local County Court venue - yes 
  • Are you asking for the Court's permission to use the written evidence of an expert - do I answer yes or no here please?
  • Witnesses - I assume just myself?
  • Would I like to settle your case without going to a court hearing - I assume yes?
  • I can confirm that I have enough information about the claim, to allow me to enter into negotiations - I assume yes?

Would someone be kind enough to point me in the direction of another case similar to this please so I can have a good read and make sure I am doing this right?  Would really appreciate it, thanks :-) 

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Okay N180

 

A = yes ...dont worry its not an admittance and most probably wont even happen but all parties are expected to participate.

 

B = Self explanatory

 

C = Yes

 

D = D1 =At your local court you are the litigant defendant

D2 = No

D3 = 1

D4 =Self explanatory

 

Copy to court/claimant and one for your file.

 

 

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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  • 2 months later...

So, I have an update :-)

 

I had the usual form for mediation between Christmas & New Year, tried god knows how many times to get through and just couldn't, recorded message just kept telling me to try again!

 

Sent them an email on the 27th Jan advising that I was out of the country until the 8th Feb (got their automated 10 day reply email - still waiting for a response), when I returned from holiday I had a letter from them to say they couldn't arrange mediation as they couldn't get hold of me - perhaps they should answer their phones or read their emails...... just saying!

 

Rang the mediation line on the 10th February and was 56th in the queue, so after about an hour of waiting on the line, I finally got through and they told me the same as what the letter said.

 

Yesterday, I received a "Notice of Allocation to the Small Claims Track" Hearing for a date in April.  Lowell have until 4pm on the 19th March 2020 to submit their £80 fee to proceed with the case.

 

So, my question is............how likely is it that Lowells will proceed with the case?  Having seen some on here, i would say not likely and that it could get struck off and no longer exist.........it's not like Studio have any record of this debt and Lowells cannot provide me with a copy of the CCA!

 

Do I need to do anything other than to submit my case 14 days before the court date, or shall i just sit and wait until the 20th March to see if they submit their fee?

 

I am assuming that the Courts will advise me one way or the other?

 

Thanks :-)

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I would suggest lowells will disc the claim before they have to pay the fee as i believe they can no longer get it back once paid now.

but yes you are safe to hold your WS to see if they pay the fee.

it might even pay you to take adv of your LiP status and not file yours till they file theirs and us your to rip their's apart.

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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  • 3 weeks later...

Amongst all this horrible pandemic, I have some good news :-)

 

Lowell have sent me a copy of the notice to discontinue the court case against me for a CCJ for a debt I apparently owe!

 

They confirm they have filed the same at the Court.

 

So............does that mean they will no longer chase for the debt that they seem to think that I owe (not that I know anything about it!).

 

Thanks 

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  • Andyorch changed the title to Lowell claimform - old disputed Studio Cards debt ***Claim Discontinued***
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