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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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First Credit, CCA and things - northern rock


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I could not get rid of them for a previous tenants debt until they were threatend with court action for harressement.

 

have not heard from them since and dont expect l wil be

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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  • 2 weeks later...
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Re the s10 bit...I have a default on my file from 1st Crudit for this loan. Now surely if they can't supply the agreement they can't process my data.

 

Can anyone point me towards the letter with the s10 bit where it says you must cease in 21 days or write to me explaining why in 14 days, can't just say 'legal right' etc.

 

I have spent 2 hours looking through posts but can't find an example!!

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you mean this letter?

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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YW.

 

Send by RD and dont sign it

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 4 weeks later...

After making a CCA request to 1st Credit in Feb 08 they have somehow found my agrremenf from 2001!!! They have sent a letter with it and some statements.

 

Firstly the agreement looks like it has all the terms required to make it enforcable

See http://i281.photobucket.com/albums/kk222/Tartan_Barty/NRCCA.jpg

 

The statements are for the time the loan was with Northern Rock but make no mention of the time it has been with 1st credit. Are they supposed to send me a statement of payments to them???

 

If anyone can spot anything wrong with the agreement please post as I really want this to go back to NR and not pay the heartless 1st crundit monkeys anything.

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Just reading through some other threads....if the agreement is sent by post for me to sign at home after NR have signed it, should it have cancellation rights? Also it says that there are T&c's overleaf but I don't have the overleaf bit. Does that make a difference??

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Hi there,

 

Sorry for the delay,

 

well, having looked at the agreement, i have to say, it does look good,

 

have festering crudit sent you a notice of assignment? are they indeed the legal owners of the debt?

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Thanks for that pt

 

The letter said " with regards to your request for a copy of the deed of assignment, we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the deed itself. A notice of assignment was generated on the 5th July 2005 and posted to you"

 

I can't remember if that's true or not!!!

 

So my questions are:

1. This was a unsecured loan done on the internet so does that make it non-cancellable?

2. It refers to "terms & conditions overleaf" which I don't have. Does that make a difference?

3. I don't have any statement of account from when it was passed to 1st Crundit does that matter?

4. The NR statement shows an opening balance on the 31/01/01, the agreement was signed by them on the 22/02/01, by me on the 26/02/01 and the first repayment was on the 09/04/01. Why was the balanced opened before the agreement was signed??

 

ANy help MUCH appreciated.

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Hi,

 

Your message advises that you only requested the CCA and that is what you got. Did you make any payments to 1st credit?If so, you can always request a statement of account from them, maybe worth it just to ensure the balance is correct.

 

From the image it looks ok, are you in dispute with anything in specific? If so i would maybe look at the T&C's if you have them.

 

Hope that hekps,

 

all the best!

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I see partial terms and conditions , in fact it says they are only partial terms and conditions by mentioning the fact the rest are overleaf .

 

So you'd at least need the other side of this document . Unless there is a law that says everything needs to be on the same page.

 

some more info :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/127412-barclaycard-cca-documents-enclosed-2.html

Edited by Rahl
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And so the phone calls start again but from a different number.

 

I am planning on sending the following:

Dear Sir/Madam

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

THIS ACCOUNT IS CURRENTLY IN DISPUTE

 

 

Ref:

 

Thank you for your letter dated XXX, the contents of which has been noted.

 

On XXX, I sent a consumer credit act 1974 s77-79 request for a true copy of my credit agreement, with the prescribed payment, a current and fully up-to date statement for this account and a signed true copy of the deed of assignment.

 

You have failed to supply the following:

 

  • A complete true signed copy of the credit agreement (The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document)
  • A current and fully up-to date statement for this account (you are legally obliged to send this, I am not asking for all data held; i.e. a S.A.R - (Subject Access Request) request and therefore you cannot charge for this)
  • A signed true copy of the deed of assignment (I have not received any correspondence from either the original lender or yourself to prove you now owned this alleged debt)

You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide all of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully,

 

Any comments??

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Are they supposed to send me a statement of payments to them???

 

Yes. The copy of the agreement should be accompanied by a statement of account as stated in the Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sorry cant help with some of it but will try with the rest of it.

 

1) I think u still get the same cancelation rite/cooling off period for everything even if brought over the ned.

 

2) Yes it doesthey cant provide a cca with out the t&cs of the time the account was open as that is part of the cca of 1974.

 

3) no statement of account. rite so how can they prove what is owed if they cant/refuse to give u the info then how can they say they have not added charges etc.

 

4) interesting. They cant have a opening balance from B4 u signed the agreement so that has to be wrong. Maybe a error on there part but u cant obtain and access credit from B4 u applied for it or even sign the agreement with some companies.

Edited by The GodMother
missed some of the info.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thank you The GodMother, much appreciated

 

OK so 1st Crudit have replied to my latest letter above:

 

They have sent through another copy of the first page of the agreement which is crystal clear. They have also sent through a 'edited'(!) copy of the supposed back page of the agreement which is illegible!

 

The covering letter gives me 4 options:

1. To confirm that the signature on the agreement is mine and then they will send through 'a complete copy of the relevant document'

2. If its not my signature, to send them a copy of my signature (yeah right)

3. If I have lived at the address mentioned if not where and when

4. If I believe it's fraud then I should go to the police.

 

So they have sent me an edited version of my agreement and the second page is unreadable. What should I do now? (to remind everyone the front page does seem to be an enforcable agreement)

 

I also recieved a letter from Northern Rock (the OC) stating that they sold the account to 1st Crudit a whole year after the date stated in 1st Crudits letter. Curiously the NR letter came from 1st Crudit as the address and reference number was the same but dated 21 May 2008!!! The NR letter also states the balance when sold and this is several hundred pounds less than 1st Crudit put in their letter! I think I am understanding why 1st Crudit don't want to send a statement of account as the amount NR said they sold it for is less than my current balance after paying 1st Crudit for 2 years!

 

So although it would appear that they have an enforcable agreement the amount is seriously not adding up and the date it was sold varies by a year.

 

If they fail to send me a statement of account and illegible t&c's, although they have provided a potential enforcable agreement, is the account still in dispute???

Edited by Tartan Barty
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Thank you The GodMother, much appreciated

 

OK so 1st Crudit have replied to my latest letter above:

 

They have sent through another copy of the first page of the agreement which is crystal clear. They have also sent through a 'edited'(!) copy of the supposed back page of the agreement which is illegible! Oh an edited copy, Just how is a edited copy going to help them.

 

The covering letter gives me 4 options: 4 i would demand none.

1. To confirm that the signature on the agreement is mine and then they will send through 'a complete copy of the relevant document' did i just see a pink elephant?? What ever u do dont do that.

2. If its not my signature, to send them a copy of my signature (yeah right) yep when i go loopy i will just until then NO CHANCE

3. If I have lived at the address mentioned if not where and when As above.

4. If I believe it's fraud then I should go to the police. Thanks for that wonderful piece of advice.

 

So they have sent me an edited version of my agreement and the second page is unreadable. What should I do now? (to remind everyone the front page does seem to be an enforcable agreement) Yes but they have admitted now it is edited and this means stuff missing. Just thank them for the letter and tell them u are still waiting for the CCA until you notify them further the account is in dispute.

 

I also recieved a letter from Northern Rock (the OC) stating that they sold the account to 1st Crudit a whole year after the date stated in 1st Crudits letter. Curiously the NR letter came from 1st Crudit as the address and reference number was the same but dated 21 May 2008!!! The NR letter also states the balance when sold and this is several hundred pounds less than 1st Crudit put in their letter! I think I am understanding why 1st Crudit don't want to send a statement of account as the amount NR said they sold it for is less than my current balance after paying 1st Crudit for 2 years! well thats good. They are now saying they are a different company oh well this should be challenged as according to the letter they had no rite to chase u until 7 days ago.

 

So although it would appear that they have an enforcable agreement the amount is seriously not adding up and the date it was sold varies by a year.

 

If they fail to send me a statement of account and illegible t&c's, although they have provided a potential enforcable agreement, is the account still in dispute???

 

I say yes as u cant read the T&CS as they have not provided any.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thank you again GodMother!

 

Right I have done some digging and have been surprised by the results!

 

I now believe that the Northern Rock letter is from 1st Crudit. The person that signed the letter has been on maternity leave sinec Nov 07! The person that has replaced her knows nothing about this letter and has asked for a copy so that he can speak to 1st Crudit. I don't think I will bother. The letter has the standard 1st Crudit barcode on with their reference and talks about the client. I guess this is what we come to expect from this shower of sh*t!

 

So I have drafted a nice simple letter

 

Thank you for your recent letter, which was undated, the contents of which has been noted.

On XX/XX/XX, I sent a Consumer Credit Act 1974 s77-79 request for a true copy of my credit agreement, with the prescribed payment, a current and fully up-to date statement for this account and a signed true copy of the deed of assignment.

You have failed to comply with my request.

The Consumer Credit Act 1974 is very clear what your obligations are with regard to the above request and failure to comply with this, results in the account being in dispute.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

Failure to supply the required documentation requested is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

Yours Faithfully,

 

Any comments?

 

(PS the phone calls have started again! I feel some phone fun coming!!)

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If you honestly believe that Worst Credit have concoted this document themselves then that is a serious allegation and one which needs proper investigation. I would suggest a formal complaint to TS and 1st. If you do not think this is a copy of a document you signed then you should ask them if this is a photocopy of your original CCA or one which they have costructed. If they do go down the court route the will need the ORIGINAL

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Thanks for that ODC. I wasn't talking about the agreement it was the assignment letter from NR that concerns me. The amounts, dates and style just don't add up. This along with the fact that the person who supposedly wrote it is on maternity leave!

 

Do you think I should still go to TS? (Forget that already have and TS will be on the case next week for fraud!)

Edited by Tartan Barty
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Most assignment letters seem to come from the DCA with the pretence that they are from the OC. With the facts you have to hand regarding this supposed letter of assignment I would certainly contact TS. DCAs will never show you the actual deed of assignment because it contains sensitive commercial information such as how much they bought the debt for. However if it went to court the judge could demand to see it.

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