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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.
       
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      • 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.
       
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      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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Capital One CCA - - -


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Hi

 

I sent a CCA request to capital one and they have sent me this back. A letter which looks like everyone elses on here! And an application form. It has my signature but no prescribed terms.

 

I take it this is totaly uneforceable?

 

What do I do now? Write back saying they are in default and ask agin or just say it is uneforceable?

 

If someone could point me in the right direction for the correct letter to send i would be very greatful!!

 

:)

 

Image of Capital 1 front - Photobucket - Video and Image Hosting

 

Image of Capital 1 back - Photobucket - Video and Image Hosting

 

Image of capital 1 application - Photobucket - Video and Image Hosting

Edited by getitsorted
forgot to post cca!
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Hi,

 

Sorry, I can't read it :eek:(need new specs)

 

If it is only an application form, you could send them this........

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An application form, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A application neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’

 

In light of this, your current activity constitutes an unlawful demand for payment, and I am advised that this is also contrary to the Consumer Protection From Unfair Trading Regulations 2008.

 

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper Consumer Credit Agreement request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

**amend to suit your circumstances**

 

 

Regards.

 

Scott.

 
 

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Hi there

 

Surprise surprise, Ellie Renshaw signed the letter, she must sit as a desk signing letters cos every letter ive seen from Cap One was signed by her

 

I think they are in real difficulties if that is all they sent,

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Guest forgottenone

Just a bit of hilarity but is Ellie Renshaw actually a clone? As she seems to knock about in many depts of Capital One? :D

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  • 1 month later...

Hi everyone

I have recieved a reply back to the letter i sent about the CCA being unenforceable. I have attached it below.

 

What do I do now? Just sit tight and let them take me to court??

 

GIS

 

Image of cap1 cca reply1 - Photobucket - Video and Image Hosting

 

Image of cap1 cca reply2 - Photobucket - Video and Image Hosting

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exact same reply I had off them. I haven;t done anything about that 'yet' because I've just been given an FOS ombudsman chappy to assess my complaint regarding Capital One phone call harassment..... not expecting much from FOS regarding this what I've read in past but you never know!

 

ps.. your reference number on document can identify you to Capital One troll workers!

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  • 1 month later...

Any update on this? Just for your information, an application form can also double as a Credit Agreement if it carries the prescribed terms and is marked as such. If the prescribed terms are on the back of that form you have signed then it could be enforceable if they produce it in Court. At present they have not fullfilled your CCA request and its unenforceable until such time as they actual produce a true copy of the executed agreement.

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If the prescribed terms are on the back of that form you have signed then it could be enforceable if they produce it in Court.

 

The terms must be within the 4 corners of where you signed? Is it correct

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the "within the four corners" statement comes from Tuckey LJ's Judgment in wilson and hurstanger.

 

it must not be construed too narrowly as meaning that if the prescribed terms are not on the front page of the agreement then it becomes unenforceable

 

an agreement can cover three, four or five pages and as long as the prescribed terms are within the four corners of the agreement that will suffice

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