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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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CCA - Both parties to sign?


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A bit of a headache this morning then Dave?:cool::D

 

shhhhhhhhh........quietly please.....ouch 8)

 

I'll look at some templates for you and get them posted a bit later

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi A13

 

Ok then we are pretty much agreed that the cca is nearly 100%.......

 

My next step (if you already havent done it ) is to do an SAR , This will get you all the info you need, to work out if there have been any charges.

 

This is important

 

If as you say you dont owe that much.....then if they have made ANY charges you could put in a claim to get them back. It may reduce or completely pay off the debt.

 

use a standard SAR something like...

 

Name

Address

 

date

 

to....

their name

Address

 

acct. no.

 

Data Protection Act 1988

Data Subject Access Request

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER:

 

I wish to exercise my rights under S7 of the Data Protection Act 1988. I would ask to to supply me with any data that you hold about me.

 

Please be aware that I require FULL DISCLOSURE of any and all data held.

 

As part of that request I also ask you to supply me with a complete list of transactions and charges relating to my account. I do not require full statements only a list of charges, but if the data is hard to process a complete set of statements for that period will be acceptable.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my financial business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.

 

In making this request I understand that you may make a charge, so I enclose the maximum fee allowed by statute of £10 (postal order best)

 

You have 40 days in which to comply

 

While this information is missing I officially dispute the amount claimed, and as such you should cease recovery / enforcement action until the dispute has been resolved or no further progress can be made. Failure to do so would go against the OFT's guidance on fair debt collection.

 

Yours faithfully,

................................................

 

We'll leave the unsigned cca for a while......lets see what the sar brings up

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Dave, thanks again for taking the time to look that up for me, it's appreciated and I will get onto it first thing in the morning

 

 

Oh, I do have one quick question about your letter ... do I send it to 1st Credit or direct to the original creditor, Aqua Visa Card?:D

 

Mike

Edited by Augmented13th

I started with nothing - and now years later, I have most if it left!

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Dave, thanks again for taking the time to look that up for me, it's appreciated and I will get onto it first thing in the morning

 

 

Oh, I do have one quick question about your letter ... do I send it to 1st Credit or direct to the original creditor, Aqua Visa Card?:D

 

Mike

 

Are the DCA acting as agents...or have they bought the debt.....If they have bought the debt they should have sent you a "notice of assignment"

 

If they are acting as collecting agents, send it to the original creditor. if they have bought the debt, they own the rights and liabilities, so I guess you would send it to them. if only to let them know the debt is in dispute.

 

Who did you CCA ???

 

while the debt is in official dispute they should cease collection and enforcement activities. (but they probably wont)

 

dont forget the £10.....

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Okay .... I can't remember having ever received a 'notice of assignment' regarding this account, my request for a copy CCA was made to 1st Credit on 28th December 2007 ... I received the 'copy' last week.

 

Ah... I have just gone over my file on the matter and discovered that 1st Credit sent me an Assignment Notice on the 11th January 2008, this was attached to the back of a letter confirming receipt of my CCA request.

 

Guess that answers it then ..... 1st Credit seem to own the debt!

 

M

I started with nothing - and now years later, I have most if it left!

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well at least the ownership issue is settled.....send it to them !

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

You could also try the angle of whether they just had a fax copy of the CCA from the OC. If they don't have the original but only a electronic copy or a fax copy then they must prove that their internal systems can demonstrate that it is a true copy.

 

I have used the following in a few letters which confuses/scares dca's:

 

It would appear that the agreement you have sent has been digitally scanned and printed from a computer. Should you intend on relying on such digital copies in a Court of Law, you would be required to demonstrate compliance with BSI DISC PD0008:2004 – Legal Admissibility and Evidential Weight of Information Stored Electronically.

What I Require

I require written confirmation that any copy of the agreement you hold is from a digital source and that you can demonstrate compliance with BSI DISC PD0008:2004 – Legal Admissibility and Evidential Weight of Information Stored Electronically.

 

Hope this helps

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You could also try the angle of whether they just had a fax copy of the CCA from the OC. If they don't have the original but only a electronic copy or a fax copy then they must prove that their internal systems can demonstrate that it is a true copy.

 

I have used the following in a few letters which confuses/scares dca's:

 

 

 

Hope this helps

 

EXTREMELY good point, I had used something similar to good effect.

 

well worth a try :) well done TB !

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi everyone,

 

Early today I sent a S.A.R request to 1st credit by recorded delivery and when I returned from the post office this had been delivered in the post ..... 6 months to send the copy (received 25th/26th June) and then this sent 24hours later ............... t***'s

 

000_1618.jpg

 

:mad::mad:

I started with nothing - and now years later, I have most if it left!

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I'll get a reply together for you..........muppets !!!

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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While I'm thinking about a letter....did you realise LCS solicitors have exactly the same adress as 1st credit.....hmmmmmm :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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"Please note that we are instructed not to enter into correspondence with you".

Yeh right, so we can hassle you but you can't come back at us, i don't think so t.......s.

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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Hi A13....

 

hows this for a first draft ?

 

Dont send it yet, I may want to expand it a little, or if you think it will do as it is...go for it

 

 

 

 

Dear sirs,

 

I am in receipt of a rather threatening letter from your inhouse solicitors LCS, which somewhat surprises me as the debt has been unenforceable while my CCA1974 S.78 request was outstanding.

 

I applied for a copy of my agreement at the end of Dec 2007, and by statute you have 12 working days to produce the document, after which you have a further month before you have committed a criminal offence. The debt is unenforceable after the first twelve days have expired, and cannot be enforced until the document is produced, this includes demanding payment and adding interest.

 

YOU have been in CRIMINAL default since about mid February, and you have still not fully complied with my request, in that certain items relating to that request are missing. I suggest that you get LCS to fully read the CCA1974 and the various amendments and additions.

 

That aside I now put this debt into OFFICIAL dispute, as I believe the amounts claimed are wrong.

I have recently sent you a subject access request, which requires you to give me full disclosure of any and all data relating to me.

 

While this debt is in dispute you should not be taking any enforcement action that would go against the OFT's guidance on fair debt collection. Ignoring their guidance can cause your fitness to hold a credit licence to be called into question.

 

I hope to hear from you in a timely manner

 

yours etc

 

 

well how is that ?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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It's a cracker .... thank you:smile:

 

Yeah I did notice the address details ... I might try and check this LCS bunch out in the morning ... I have been quietly seething about these idiots all day and would really like to tell them to poke the alleged debt where the sun don't shine and to get on and do their worst ....:-x:-x:-x

I started with nothing - and now years later, I have most if it left!

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nah....dont do that, because then theyve won...think of it as a game, and its you job to make their life as dificult as possible...:)

 

I'll have another think about that letter to see if I can add anything.......but it is ok as it is at the moment

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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nah....dont do that, because then theyve won...think of it as a game, and its you job to make their life as dificult as possible...:)

 

That's not a bad way of looking at it really .......

 

Yes the letter is spot on .... :)

I started with nothing - and now years later, I have most if it left!

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1st Credit Limited

 

Have a look at the 'mindless automatons' all following each other into their 'posh' new den .... listen to the drivel, put faces to the names and generally sit back and have a laugh!:D

 

£240m purchased 3 billion quid of debt!

 

Take a look .... watch their promotional film:rolleyes:

 

1st Credit

I started with nothing - and now years later, I have most if it left!

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Aw aint they nice, must give them a warm glow inside after their 2 weeks training to be able to understand the entire Financial services industry

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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