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    • I’d not read the final response in my cloud notifications, infact I did not receive the original response until it landed on my doormat on the 01/11/2018.
    • 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.    
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nc11

PRA Claimform - old Barclaycard debt

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I’ve dropped the ball on a barclaycard debt for a while and got a court claim form for it.

I’ve changed addresses a couple times from the original one and only sporadically collected post via a service from that address.

 

 It’s a £5000 debt for a pre 2007 credit card, which I’ve stopped payments for last year after a nasty divorce.

I thought this one would just run it’s course and fall off in a few years.

 

1. looks like I’ve got 14 days to respond - Is that correct?

2. should I contact PRA saying I’ve not had any correspondence, etc, and ask them to halt proceedings?

3. will ignoring this letter is a valid option? it’s not special delivery or anything

4. I could respond to their ‘letter before claim’ sent during the Christmas break, only just now received, requesting all the particulars (cca, etc). with the claim letter issued, is that a waste of time?

 

kind of at a loss here so could use some help!

 

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its not a letter from PRA 

its a large brown windowed A4 envelope from northants bulk county court - a court claim pack.

you DO NOT ignore 

you DO NOT contact the fleecers or their dogs.

his

next time..never ignore a Letter of claim

never run from debt

never move without informing ALL your debt owners in writing

 

... you are lucky this was not filed to an old address and 1st you'd know is bailiffs at your door

 

please complete this:

 

 

 


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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Name of the Claimant ? PRA group 

 

Date of issue – . 4/2/2020

 

Particulars of Claim

 

What is the claim for – 

 

1.the claimant claim the sum of £5000 for an outstanding debt owed.

 

2.On xx/xx/2xxx the defendant entered into an agreement with Barclays Bank for a credit card under ref xxxxxxx.

 

3.On xx/xx/2xxx the defendant defaulted on the agreement with a balance of £5000.

 

4.On xx/xx/xxxx the debt was assigned to PRA group. Notice of assignment were sent to the defendant in accordance with s126 law of property act.

 

5.

And the claimant claims

1. The sum of £5000

 

What is the total value of the claim? =£5265

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  I have been sent the LBA pack which I have only now received with the letter of claim.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? I have informed barclycard (have more than one card account) and whilst others are updated this one was not.


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after April 2007 ? Before 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Post

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to the purchaser who is the claimant 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? This was last year so yes

 

Why did you cease payments? dealt with a nasty divorce through last year

 

What was the date of your last payment? end of 2018

 

Was there a dispute with the original creditor that remains unresolved? not that I recall

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]


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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Online part done. CCA and CPR - send recorded?

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I would

you've already lost 14 of your 33 days to file a defence.

get reading up too

 

use our custom google search box

 

claimform barclaycard.

the more you read the stronger we become

 

 


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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cca and cpr sent recorded.
What’s the next step? 

if we’re not waiting for the docs, what’s the defence based on, process?

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use our custom google search box which appears after you hit our top squares logo.

 

claimform Barclaycard.

or look in the successes forum off this one

 

you want the std holding/no paperwork defence.

 

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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So after reading up on the other threads, the proposed defence should be this one:-

 

##defence##

1. The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 and 2 are noted. I have in the past had financial dealings with Barclaycard . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  

 

3. Paragraph 3 is denied. I deny having received a Default Notice required under s87(1) of the consumer credit  Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

4. Paragraph 4 is denied . I can’t recall ever receiving any Notice of Assignment or ever having being approached pre litigation with regards to this alleged debt.

 

5. It is therefore denied that the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show and evidence the service of a Default Notice pursuant to sec 87(1) CCA1974

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

 

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the any relief by the defendant.

##end of defence##

 

did I miss anything? If not, do I wait for the last minute to log into MCOL?

 

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Defence above edited to fit to your particulars of claim.

 

Not due until Friday 6th March 4.00pm.

 

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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Thanks Andy!

Edited by nc11

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Quick update - got a letter from PRA responding to the CCA request, saying that they’ve requested the information and placed the account on hold, which will cease any collections activity.


Reading through the forum I think this doesn’t stop the court process, so a defence will still need to be logged.

 

shouid I write back telling them to retract the claim if they’re holding activity?

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No dont write to them ...but pleased you seen through their attempt to give you the impression it is on hold...submit defence on time.


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

 

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

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A couple of updates to this:

 

- defence logged on MCOL in time

- court confirmation letter received

- that quickly followed by a PRA letter that they intend to proceed with the claim

 

judging from most threads, standard practice so far...

 

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Yes ....Directions Questionnaire next N180


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

 

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

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Started reading up on n180. They still have 20 days or so to respond so will use the time for that. 

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Quote

They still have 20 days or so to respond so will use the time for that.

 

Who has 20 days and to respond to what ?  You both have to complete the N180 and file and serve.


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

 

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

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