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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.
       
      • 3 replies
    • 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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Virgin Credit Card - Harrassment ?


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Hello Steven!

 

As I said before - I believe that one CEO sent to prison even for a fortnight would end telephone harassment for everyone forever

 

Especially if that CEO had to spend most of that fortnight in the Men's Showers playing "Hide the Soap" with 26 stone Bubba (and his jolly mates)!

 

:D

 

Hold on, there could be a problem there...being a banker, he might like it!

 

:-o

 

Cheers,

BRW

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Hello Hamish2008!

 

wow BRW my 'problems' seem small potatoes in comparison to the abuse you're getting.

 

I can't say I'm enjoying myself, but I can handle it, as I just look at it as more evidence for a future payback.

 

But it does cause immense stress to my family, despite the fact that I keep as much of it off their back as possible.

 

What really angers me, is I'm not phased by this, but many, many people would be absolutely terrified and/or very stressed.

 

No Debt in the world justifies this. The UK Debt Industry is out of Control in my opinion.

 

What good have the CRAs and their detailed Debt Files done to avoid all of the "Bad" Debts that are coming home to roost now we are entering a Recession?

 

If you see my point, all the "Credit" Checks over the last 10 Years or so have achieved the Square Root of FA in terms of ensuring responsible lending. It's all a self-serving and self-licking lollipop, that exists because it exists. The Debt Industry has grown way beyond anything useful to either itself or Consumers. Although it is a nice little earner for the bankers further up the food chain, it has to be said!

 

I now understand that about 97% of all "Cash" in our Economy has been created by the bankers, not by the Bank of England in terms of bags of money. Everything is now just numbers on screens. All Money Supply safety limits have been removed, the whole system now depends on the ever increasing creation of "virtual" Debt. Most Loans are just numbers created on a screen for the Loan, they are not taken from other people's Savings. The creation of Debt is what drives the bankers on, as then they get to reap what you earn to pay off those numbers on their screens.

 

Never have so many owned so little, and yet owed so much.

 

This Bubble could burst, and it will be the bankers who are wholly to blame if it does.

 

to be honest i think i'm losing my bottle a bit and don't really have any confidence that the CCA and S.A.R - (Subject Access Request) will stall them in the slightest - in the new few weeks I'm at the end of the three month period in whihc I said I would revue it further with them, although I have asked for an official I&E form from them as they seem to have totally ignored the previous one I sent. i don't really know where to go from here ...

 

Keep your chin up. The thing to remember is they won't play fair, so don't give them an inch. You are just fighting about numbers on a Screen, so don't let them convince you otherwise. The argument is about virtual numbers, not your sanity and well being. The numbers are not worth that.

 

Don't answer their Calls (but do Log them), File any Letters under Harassment if they are just idle Threats or Payment Demands. Then wait until they say or do something real, and only then respond with a repeat Statement outlining your position and any omission or Default on their part.

 

Keep asking for help here on CAG, as many have been through the same situation, and many can advise what you need to do, and when.

 

They want you to lose your Bottle, so don't. If you do, then it is game over, and they win. That is not a forgone conclusion. You can make a difference, and you can fight back to reach a fair situation and/or a satisfactory solution. Play fair and Legal in all that you say and do, and if it does end up in Court, your actions and conduct will carry more weight than you think...especially when you pull out your Harassment Bundle with all of the Logged Harassment Calls and Threats by Letter.

 

As they say, don't get mad, get even!

 

Cheers,

BRW

Edited by banker_rhymes_with
Still can't Type!
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cheers BRW.

 

I'm trying to keep my chin up but know the damage this is doing to myself and my wife. I used to work for a CRA and know firsthand that banks use CRAs to protect themselves on one hand but use the system to their own advantage as well. A guy who i used to work with once told me that a major CC company sold their failed applications via layers of different brokers to loans companies that then phoned the failed applicants to offer them loans at really high interest rates. They then creamed off a massive 'commission'. I hated being part of that and am glad i no longer work there.

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  • 2 weeks later...

it's all a bit too quiet. have received confirmation letters from MBNA over the last few days saying they are processing my requests. They have credited £10 to my account, which is the money that should have paid for the SAR but seem to have kept the £1 for the CCA.

 

No phone calls which is good news.:o

 

I can't help but feel there is a storm brewing though ....

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Hello Hamish2008!

 

I can't help but feel there is a storm brewing though ....

 

...in an MBNA Tea Cup!

 

This time of Year is usually pretty quiet for many, so I wouldn't read too much in to things being quiet on the MBNA front. I think UK plc is heading off on "Holiday" from now on, as Schools are just starting to break up. It only starts to get busy again from the end of the August Bank Holiday.

 

All I'm getting at the moment is their silly Letters, some signed by Robot, some signed by an MBNA Chimp/Galactic Head of Customer Relations, some not even signed.

 

Calls have reduced, at least from the MBNA, so maybe they let their Call Centre Monkeys out in the Summer too, to go on "Holiday"...like real people.

 

Whatever "Holiday" is. I work for a complete B****** (myself), so I'm never allowed any "Holiday".

 

Cheers,

BRW

Edited by jonni2bad
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I got the S.A.R - (Subject Access Request) today in the post but the only thing they have sent me is a list of charges and interest ...

 

What I asked for was this along with any notes or manual actions on my account. I expected a list of details including times they have called and times I have called, including a call where they agreed to put my account in a 'debt management queue' and freeze the interest and charges. This was all in the letter I sent.

 

Should I send it again ? I still haven't got the CCA but they are only on day 15 or so ...

 

I don't really know what to do ...

 

addition:- the letter also came from Rachel Claridge the Assistant Vice President no less - I suppose I should be honoured ;-)

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Hello Hamish2008!

 

It's just yet another example of a bank doing what it likes, and completely ignoring the Laws of the Nation.

 

I would write back and say: many thanks for the initial S.A.R - (Subject Access Request) details, but you look forward to getting all the details requested in due course...and within the 40 Days allowed.

 

Become a thorn in their side, and keep Writing until you get everything you asked for. Then complain if you think they are holding back and/or can't be bothered to do the Job properly.

 

Then, when the MBNA fail to even handle your Complaint appropriately, have a toot about them with the Information Commissioner's Office.

 

The CCA is another issue but, you should've received a Copy of your Agreement via the S.A.R - (Subject Access Request) as well, i.e. two Copies not just the one!

 

If something turns up via CCA Request, and fails to appear via your S.A.R - (Subject Access Request), then there is one large chunk of evidence to show that they are not doing their S.A.R - (Subject Access Request) Job with due diligence.

 

If no Agreement turns up via CCA Request or via S.A.R - (Subject Access Request), then it suggests they are up Poop Creek without a Paddle.

 

the letter also came from Rachel Claridge the Assistant Vice President no less - I suppose I should be honoured

 

You've only got to fall out of the MBNA Revolving Front Door on your first Day of YTS Work Experience/Employment with the MBNA, and you become an Acting Vice President 2nd Class!

 

The place is full of Vice Presidents, Assistant Vice Presidents, Heads of Customer Relations, Captains of Toilet Rolls and Field Marshalls of Brooms.

 

It only gets interesting when you hear from an MBNA Galactic Overlord Five Stars. They have a whole O Level and are allowed to use the Duty Biro.

 

Cheers,

BRW

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lol thanks for that Banker ...

 

I'm not sure what I'd do if they can't produce an agreement ... :p

 

Will write to them again though but give them a few days grace. I'll probably get a perfect copy of the agreement in the post tomorrow :eek:

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Hello Hamish2008!

 

I'll probably get a perfect copy of the agreement in the post tomorrow

 

If you do, post a Copy here for many eyes to check it over for flaws.

 

It may not be as perfect as it first looks!

 

Cheers,

BRW

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I got the CRA in the post today and it seems perfectly ok - does anyone know about internet applications as the document doesn't have my signature anywhere and I honestly can't remember if i ever signed or received anything to sign. There are a few checkboxes on the details with a description that says 'I confirm that the tick in this box is a valid means of establishing the authenticity and integrity of my signature to this credit agreement. I understand that MBNA will hold this acceptance data on their files'

 

Ironicly the dog literally attacked it when it dropped through the letter box. I have a feeling they are going to nail me now. I'm doomed. Doomed I tell you ;-)

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Hamish

 

I had a look at the agreement posted above and it seems to be in order - ie it is properly executed and enforceable. The first page has the prescribed terms and page 4 has you signature - well, actually a tick in the box which counts as a signature under the 2004 regulations.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

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NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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many thanks Steven

 

although the rest of this thread is not going to be claim related I may persue MBNA for full disclosure under the SRA I sent (they only sent me the charges details and not the account record in terms of contact and manual interventions and most importantly a record of the conversations i have had with them).

 

is it ok to post the details here ? it might be of use to anyone in a simialr position ...

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Post away.

 

Have you been harassed on the phone by MBNA? Do you have call records?

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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received a letter today from Optima Legal advising that MBNA is getting ready to nail me to a cross. the letter states they are going to sell my house and that i should fill in the income and expenditure form and send it back to mbna.

 

i'm currently off work and being treated for stress and anxiety (seeing a shrink as well at the end of this month) and whilst i don't want to whinge this is really affecting me badly. all i want is some space but don't know what kind of time i have left - can anyone estimate how far down the path i am in terms of actually being taken to court ? should i just call them ? to be honest we could transfer the arrears to another card but we would only be in the same position next month, my wife is due to finnish a 3 month contract next month also and our income will go down even further then. i think i just need to go back to work and try and get these bas*ards off my back. sorry for the whinge but any info would be usefull.

 

p.s. i have been harassed on the phone, i've even been told that mbna could put me in touch with soemone who could lend me money so i can pay them off but alas i don't have proof - i sent an S.A.R - (Subject Access Request) asking for phone records but all they sent me were some statements.

 

p.s. on the back of the letter is the income and expenditure form - they have asked for proof of income and expenditure - do i legally need to send this ? i don't really want to volunteer information and am quite prepeared to send them my own income / expenditure form ...

 

 

this is a copy of the letter i'm currently drafting - i'd appreciate any comments or additions from anyone ...

 

MBNA Europe Bank Ltd

Chester Business Park

Chester

CH4 9YR

15/07/2008

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXXXXXXXXXXXX

In reply to your letter from Optima Legal please find included an updated income/expenditure form as requested.

I would also like to bring to your attention the following points:

  • I recently wrote to you requesting information held by yourselves about me to be disclosed under the Data Protection Act. You have replied and sent me a copy of charges and interest that have been applied to my account, thank you. In the Subject Access Request I also informed you of a telephone conversation relating to an agreement that was reached in that my account would be placed in a debt management queue for six months and no interest or charges would be added. I had requested details of any notes on my account or any manual interventions in relation to my account (copy of letter included, missing sections are highlighted in bold). You have not supplied this information and therefore I am again requesting the missing information to be sent. I also included the standard charge of £10 which you credited to my account as you generously offered to supply the information for free, if this is now not the case please inform me.
  • In previous conversations I have informed you that I am currently not working and have been signed off as ‘unfit for work’ by my GP (please see included recent sick note) because of stress and anxiety. I have also received CBT therapy and have a referral to a psychoanalyst for further treatment. This is a genuine mental health condition over which I have no control and is currently making it difficult to obtain work. I am, however, making progress and hope to obtain employment soon. The stress incurred by dealing with MBNA is having a detrimental effect on my health and consequently delaying my recovery and return to work.
  • I am not disputing the debt and have explained in detail that I fully acknowledge my responsibility but during this temporary situation I am unable to make the full contractual payments and can only offer token payments until my situation improves. It has only been three months since I first contacted your company and I have stayed in contact with you and have supplied you with information as requested. I am puzzled therefore by your treatment of me in this case. Your letter from Optima suggests that you will obtain a legal charge on my house. I am sure you are aware that a legal charge can only be applied for in the case of a CCJ being applied and the CCJ being defaulted. I would also like to bring to your attention the OFT guidelines for debt recovery that state:

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing

...

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

  • Please note that I wish to avoid any further action by yourselves and would be willing to consider any agreement that you suggest that I can afford. Legal action will benefit nobody as the amount I can pay you under a CCJ is likely to be the same as any agreement we can make out of court.

I would be grateful if you could respond at your earliest convenience.

Your faithfully

Edited by hamish2008
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  • 7 months later...

Hello All

 

I'm back, after several more months and lots of attempts to sort this out MBNA have finally sold on the debt to First Credit.

 

I have a few questions however. I did not received any notification from MBNA that this was going to happen ... is this normal ?

 

Does anyone know exactly what First Credit can do ? I am currently ignoring the sinister automated phone calls and am preparing to write to them asking them to hold until I get som advice.

 

For anyone else dealing with MBNA take heed. They offered to freeze interest in October as I had made a few payment totalling £400 and they had accepted a payment schedule of £280 a month. Of course all of this was done over the phone. I have now found out that interest as being added all the time ! In the 10 months that this has been going on the original debt has increased by over £1200 ! AS i missed a payment over Christmas they hit me with demands for the full amount.

 

To be honest though I care very little. Apart from a credit score that is pretty much destroyed (and after working in a CRA for 4 years) the sun is still rising each day.

 

Many thanks for the advice alreayd given and any to come

 

Take care all

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