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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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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?
       
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      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. 
       
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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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EOS Solutions Any help


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I asked for cca,

What type of account is this and have you actually requested a copy of the agreement in writing with the £1 fee enclosed?

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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Eos solutions did not send me cca yet confirmed on phone that they were aware of my request and confirmed in writing they had communication with me but neglected to say cca request. They returned the 1.00 uncashed and followed with more payment slips. It seems to me that they just ignore requests and pretend to be oblivious to the necesity for providing one, just saying contact original creditor.

You need to put a request for cca in post by recorded delivery and dont like me leave if for a while, just because the phone calls stop.

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ps. template can be found on bank templates section on front page of forums. Also include 1.00 postal order

and remember not to use signature just use capitals for signature on letter.

subbing

Edited by stardust_john
really have to check my posts better :)
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Thanks for that stardust john will dothat can i get a template letter for cca request anywhere. Also at the moment my debt is being handled by a debt managment company and they said if i get a reply saying no cca to let them know & they will stop paying them.

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I have to still chase them up about it, but as it went quiet for a while and I was ill, I just enjoyed the silence. I have been paying them for years whilst they previously told me the debt existed because they said so and would harass me forever. I sent calls harassment letter and they cooled it down and I know I have to persue them again. As they returned the previous 1.00 to me, best course of action is to send another cca request and keep at it this time:)

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Good luck with it all... i hope we get the same outcome as most of the other people on this site...

found the template will post it first thing,

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Girl also said I must ask halifax for cca.

As the DCA are acting as agent of the creditor (Halifax) they have a legal obligation under s175 of the Act to pass your request on to the creditor. I would therefore send the CCA request to EOS, this keeps them in the loop and they can not deny knowledge of your request. Send it recorded delivery and do not sign the letter.

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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Thanks for advice rory, will do that. I forgot to say that the debt managment company are not sending payment to EOS but are sendeing money to HALIFAX.

 

 

Just an update sent cca leter today with £1.00 postal order sent recorded as told to.

 

Now presume wait & see what next..

 

thanks for all advice so far everyone.

:-|

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Now presume wait & see what next..

 

Yes. The ball's now in their court. You'll probably get a letter informing you that they have put the account on hold.

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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Nothing. You don't have to do anything. Who is your DMC?

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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You may want to consider one of the charities for setting up your DMP then as abacus will be charging you for this service. Do you have other creditors that you are paying through your DMP?

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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We got told by them that first month payment they keep....they also supposed to send monthly statements none as yet.... have been on plan now for about 4 months.

 

Any advice..... realy desperate need help

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You might want to have a look at CCS for a DMP CCCS - Free Debt Advice from the UK's Leading Debt Charity They don't charge.

 

Something to note though is that if a copy of the agreement can not be supplied then the company running the DMP will not stop payments.

 

Another thing to note is that you should not be afraid of EOS or any other DCA for tht matter. They can not just demand full payment. DCA's have no legal powers what so ever and work on commission - hence wanting you to pay the full amount.

 

A judge would be very annoyed with any creditor who attempted legal action against someone who is trying to repay their debts in line with their ability to pay.

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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If it was me, I would send them the following for all accounts, amend to suit, do not sign it, send PO not cheque and send it recorded delivery http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html template N.

Edited by rory32
Please don't post templates on the open forum. Just provide a link. Thanks
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