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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.
       
      • 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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Could someone help please, 18/2/08 i cca'd scotcall for a debt they were collecting on behalf of capquest for a debt they purchased off halifax!

On 7/03/08 i recieved a reply off scotcall saying they were unable to find a cca so would return it to capquest immediately.

On 24/6 capquest wrote to me giving me 7 days to pay in full or they will issue a statutory demand , how should i reply being as scotcall have already told me there is not credit agreement for this account and i am recieving calls daily from them.Thanks in advance

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Send this recorded to crapquest, amend to suit including that you have already CCA'd scotcall:

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As 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 any 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.

 

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 14 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 14 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

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"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.

 

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i had exactly the same provlem with crapquest this last week

it stems from uncle brians failure to reply to a cca request way back.

2 letters from them

ist one states its ok for them to persue debt as they were instructed after carter.

2nd states account put on hold whilst they contact their clients.

 

yes they have had the account in dispute letter and carter has had his letter reminding him of his legal responsibility.

must be silly season for dcas

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Its silly season all year for these muppets

PGH7447

 

 

Getting There Slowly

---------

 

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

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ive got the reply off to them today we'll see what happens thanks for the help

 

and the reply was?, remember your experience with these people could well help someone else in the same boat

PGH7447

 

 

Getting There Slowly

---------

 

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

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  • 2 weeks later...

an update to this post capquest have written back a brief of what they replied,

 

On march the 27th scotcall returned your account to us as they were not in possesion of a cca for this account , they also returned your payment of £1 as a goodwill gesture.

Due to not recieving your £1 fee we are not legally bound to supply you with a copy of the agreement , however we have requested a copy of it from halifax.We are confused by the nature of your dispute please provide more information.

 

 

Now do i sit back and wait? surely they cannot simply return your payment and then say they have no obligation to provide a CCA , thanks in advance

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Their obligation is the same as scotcall and they know it. Don't be fobbed off, they're fibbing to you :rolleyes:

 

They've kindly provided you with a letter of proof that you made the request, so sit back and wait :)

"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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On march the 27th scotcall returned your account to us as they were not in possesion of a cca for this account , they also returned your payment of £1 as a goodwill gesture.

Due to not recieving your £1 fee we are not legally bound to supply you with a copy of the agreement , however we have requested a copy of it from halifax.We are confused by the nature of your dispute please provide more information.

 

 

Disingenuous at best, misleading and against CPUTR at worst.

 

You could just sit and wait, but I'd be tempted to mock them:

 

Dear Sirs

 

Thank you for your letter dated xxxxx, from which I was sorry to read of your confusion regarding the nature of my dispute. I am surprised that you appear to have such a weak grasp of legislation which is fundamental to your business.

 

On (date), I made a formal request to Scotcall pursuant to s.78 of the Consumer Credit Act 1974. Scotcall were obliged, by s.175 of the Act, to pass it to the original creditor. Subsequently, Scotcall confirmed that they were unable to comply and rightly returned the statutory fee. Because of the failure to comply, the provisions of s.78(6) apply.

 

In the circumstances, your letter of (date) demanding payment is unlawful by virtue of s.78(6), and your threat of a Statutory Demand is contrary to s.7(2)e of the Consumer Protection from Unfair Trading Regulations 2008.

 

I trust that the above explanation is in simple enough terms for you to understand. Should you continue to be confused, you should seek professional advice.

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  • 3 weeks later...

Much better. I would say that the page on its own does not contain the prescribed terms applicable to a running credit agreement.

 

Is that all they sent?

[CENTER][CENTER][B] Has this post helped you?[/B] [/CENTER] [LEFT][CENTER]If so please click on the scales!! [LEFT][B]<--------------------------------[/B] [/LEFT] [/CENTER] [/LEFT] [/CENTER]

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Oh dear... for them!

 

You can choose to either contact them and let them know they have not supplied a fully executed agreement or you can just hang back and watch their next move...

[CENTER][CENTER][B] Has this post helped you?[/B] [/CENTER] [LEFT][CENTER]If so please click on the scales!! [LEFT][B]<--------------------------------[/B] [/LEFT] [/CENTER] [/LEFT] [/CENTER]

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I agree with CS...No prescribed terms. Oh dear :p

"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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  • 1 month later...

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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