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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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Hi all, Cabot have finally written to me over my S10 Notice, but the news does not seem good. They have replied in kind, with what would appear to be the original agreement from BC, and have again hoisted the amount from 3500 to 5K....even though the deed of assignment from the OC states 3500!!! So they have gone way beyond the 30+14 (even though that no longer seems valid), and are now pushing for a way larger sum. I'm really freaking out now - Help!!!!

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You need to scan the CCA so experts can take a look (I'm not one I'm affraid).

 

As to cabrot adding £1500, they can F off :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Cheers BB, from looking at other CCA mock-ups on the CAG it looks more like the real McCoy. And yes my sentiments exactly for the extra c-tax of 1500! The tone of this latest offering is also quite different...the S10 seems to have touched a nerve - either that or I'm really trying their patience. I'll get a copy online soon as I crank my scanner into life and work out how to stick it on the thread. cheers

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Erm, there y'go...hopefully! Ahhh this forum works much better in Firefox. Think I've photoshopped the right stuff out...interesting tho - I thought it (CCA) had to be countersigned by the bank? They also sent me a couple of badly photocopied partial statements, and a letter from 2008 (as a reproduction mind) of the original deed assignment to them. Presumably written by Cabs on behalf of the OC, on OC's headed paper.

 

Edited by by jingo
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Its too blury to read

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Can't tell :confused:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Try uploading to photobucket and paste the link into your thread

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok, this one is big...higest res I could get, and I even reset the contrast to make it clearer...still hard to read tho...I think its been faxed? Its a bit like a magic eye picture, but far less gratifying.

 

SW.jpg

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Looks like an application to my but I'm no expert on CCAs...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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If your asking if its enforceable, it doesnt look like the prescribed terms are on it, but i cant read the bottom half, so on that basis no its not.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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It says (and this may not be word for word I'm using a massive magnifying glass here):

 

"Credit Agreement regulated by the Consumer Credit Act 1974

This is a credit agrement between us, Barclays bank PLC, Barclaycard Centre, Northampton [postcode], and you, the person whose name appears in section 1 of this form. By signing the agreement you confirm that:-the details you have given us are correct;- we can make credit refrence;- identity and other enquiries following [difficult to read] practice when we consider your application"

 

The rest is really difficult to read, but it goes on about how I have read and understand the section on how they can use my information (Data Protection bit I guess), and little else.

 

There is also the first bit at the top of the page which suggests to me that this is an application form maybe?

 

 

There was a second sheet far less legible even with 'Conditions' at the top of it, but this was not attatched/ signed.

 

So if this is not legally enforcable, what is my next move?

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Write back advising they have not fulfilled your request and that the documents they have supplied are illegible.

 

Here's the law regarding such matters courtesy of pt2537:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

  • Haha 1

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Yes as bb says write back and say it isn't legible and also appears to be unenforceable, bottom line is it wont wash in court IMO.

Or alternatively do nothing, if they issue a court claim contest it, its up to you.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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They are well aware of the Unfair Commercial Practices Regs and they are sh1t scared of it...:D

 

 

Check out:

 

http://www.dbsg-uk.com/dbsg/news-details.php?id=88396

 

Stephen Dawson, Associate Solicitor at Shoosmiths will also be presenting on a contemporary issue essential to the industry, the new world of consumer protection. “The new Consumer Protection from Unfair Trading Regulations 2008, which came into force in May this year, are already causing much consternation in the finance industry,” explains Stephen. “Though the true impact of these legislative changes is yet to be known, it is clear that they will significantly affect the credit industry going forward. DCAs for example, who buy debt from a lender with poor lending agreements and (knowingly) continue to recover debt under the terms of these agreements, could find themselves facing both criminal and civil sanctions for unfair commercial practices.

 

 

 

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Thanks for that noomill060 :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Ditto, sterling advice noomill, way to go. Ok, so... I'm again looking at a range of options...which are all better than those offered in the last letter that cabs sent me.

1. A written response to again contest their alleged CCA (application form), which is not countersigned by the lender/ OC, and is illegible anyway.

2. Brilliant link noomill, I'll look into the OFT's Debt Collection Guidelines, and send in a formal complaint once I've scanned over them. Sure I can adapt that form somehow and self-represent. It would be unfair otherwise.

3. They went beyond the seven days of my initial S10 I'm thinking, so why not hit them with something from the Information Commissioners Office to boot, they have still not provided suitable grounds upon which to harass me for monies allegedly owed, and I have given them due notice to stop processing my data, right?

Feeling much better now, and fighting fit again. Thanks all. This makes my blood boil.

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the agreement in post 35 sucks more than a cheap wh*re

 

it is completely unenforceable and does not contain the prescribed terms,

 

nor does it contain the necessary statements of protection which unduly prejudices you,;)

 

seems cabsnot have brought a steaming pile of bovine

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Thanks pt2537 hope the work is going well, and nice of you to join the thread. Appreciate your comments on this, as my initial gut feeling was oh sh*t when I opened my post the other day. But of course that's the effect our friends wanted, isn't it? But did I phone them? Nah! There were a couple of interesting additions to this mail drop though, which included what is alleged to be a deed of assignment from the OC dated the same day as the letter that came with this 'apparent' CCA... and some 'sample statements' from the account they claim I owe. Carpboat reckon the enclosed 'deed' was a true 'reproduction' of a letter sent by the OC years ago, but I'm wondering if they wrote it to legitimise their non compliance to my CCA request and their ongoing pusuit of an illegitimate debt? Ok, gloves are now off, next I write next to Cabs to say no thanks & please send a propper CCA, and to make sure they get stuffed I think its time to get the TSO and ICO involved. Cheers matey.

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By the way, I spoke to the OFT this afternoon who said I could use Noomills form from post 42 as an idividual and not as third party only! Hope this helps everyone here and opens the floodgates on our friends in Kent. The form is really comprehensive and provides much scope to inform the OFT of how DCA's are operating unlawfully. I have now had at least three seperate amounts requested by crabs for the same disputed debt. What I have noticed is that everytime they get overconfident, the price goes up. Some very devious stuff methinks... and so will the OFT!

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  • 1 month later...

Hi all, its been a while since I last posted as I've been waiting for any news from various parties. Firstly I lodged a complaint aganst our friends in Kent with the TSO, based upon the idea that they are using intimidation tactics (varying the amount I allegedly owe to them in their letters). Also a report to the Information Commissioners Office based upon Cab's breach of the Data Protection Act in processing my info after the S10 notoce was served. And finally a letter to the FSO for breaching rules of fair practice etc.

Out of all of them, I have only so far heard back from Cabs and the FSO. Cabs are adamant that they will not change their position, and the FSO, were waiting for Cabs final response. Hopefully, the FSO can now take them to the cleaners...any thought???

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  • 11 months later...

well, suprise suprise, although Cabs seem to have dropped off the face of the earth and stopped pestering as they have no CCA and hence no right to my money, they have added a default with the CRA's. do I have any legitimate grounds for it's removal if they have no CCA? all they ever sent me was an application form for a credit card (seen earlier in the thread)

 

any suggestions appreciated

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