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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Help - Statutory Demand Hearing


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HI All,

 

I applied to have a statutory demand set aside and have now received a hearing date. Unfortunately I am unable to attend on the date as i am on holiday. I have rang the court and explained I cannot make that day and they have said I need to write into the judge as soon as possible. I am actually away for nearly three weeks and I dont really want to put down a holiday as a reason for non attendance. Does anyone have any ideas what I can put down as a reason for non attendance. :rolleyes:

 

Cheers CAGer's.

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I can't think of any reason to tell a judge that I couldn't make it to court, apart from being ill or having an operation on that day....!! It might be worth requesting an adjournment because you haven't received all the relevant paperwork from the original creditor for you to be able to offer a proper defence. Have you sent a S.A.R - (Subject Access Request) request off ?? What is the debt for ?? Are there excessive charges on the account ?? did you ever get notices of assignment ?? any default notices ?? have you requested a copy of your Consumer Credit Agreement ?? Did you ever receive a letter before action ??

Edited by 42man
  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Hi 42man,

 

Yes i sent S.A.R. and they have written back saying that have requested the information from the original creditor (Barclaycard). There are excessive charges. Not sure if received default notice or letter of assignment and with reference to LBA I received a letter saying my home may be at risk and they were CONSIDERING issuing a SD. I requested a copy of the CCA in the S.A.R letter. I rang first crudit and asked if it was O.K. to try and move the date but they told me not a chance!!! I thought if they were O.K. with it the judge may be more helpful.

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Well if it was me in your position, then I would write gracefully requesting for an adjournment as you are still awaiting a full portfolio of paperwork from the original creditor by means of a Subject Access Request for the ALLEGED debt. And that you can't enter a proper defence without it. I can't guarantee this will work, but this is what I would do !! You could even attempt to say that the opposing side have not complied with your Subject Access Request to provide any copies of defaults, letter before action, no statements for the duration of the account as you believe there are a significant amount of excessive charges that have been added to the account, no copies of your Consumer Credit Agreement and that you have been unable to provide a proper defence. And also request that the judge defer costs too otherwise he may award the other side their costs too !!

 

As I said I may not be correct here, but this is what I would do...

Edited by 42man

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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  • 3 weeks later...
Well if it was me in your position, then I would write gracefully requesting for an adjournment as you are still awaiting a full portfolio of paperwork from the original creditor by means of a Subject Access Request for the ALLEGED debt. And that you can't enter a proper defence without it. I can't guarantee this will work, but this is what I would do !! You could even attempt to say that the opposing side have not complied with your Subject Access Request to provide any copies of defaults, letter before action, no statements for the duration of the account as you believe there are a significant amount of excessive charges that have been added to the account, no copies of your Consumer Credit Agreement and that you have been unable to provide a proper defence. And also request that the judge defer costs too otherwise he may award the other side their costs too !!

 

As I said I may not be correct here, but this is what I would do...

 

Hi,

 

I still have not received any info back from 1st credit. They just sent a letter saying the CCA was retained by their client and they would arrange for it to be sent as soon as possible.

this was in response to my CPR letter as i need the paperwork to submit a defense.

Do i need to send them another letter reminding them?

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No, you have recorded delivery evidence of your request...but it isn't a CPR request you have made, it is a S.A.R - (Subject Access Request) request, Statutory demands are made under the insolvency act NOT under the civil proceudre rules. so basically if it was a CCJ they were going for then you could make a CPR request. you need to be clear to the judge in your absence about the debt being in dispute, non compliance with your request for a Consumer Credit Agreement, non production of notices of assignment, default notices, excessive charges that have been added....you need to be going for an adjournment saying you will be out of the country....the only slight worry is that if you request the adjournment is the costs to the other side (which I would ask the judge to do - i.e. request the judge gracefully reserve judgment on costs at this stage....).....you need to have a good read on all the threads about the reasons why you have requested full disclosure, due to non production of a CCA, excessive charges, non production of notices of assignment, default notices.....and add the reference to case laws for each..

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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40 calendar days, if they haven't produced it then send a reminder, if after a further 14 days they still haven't sent it, complain to the Information Commissioners Office...who as far as I know do compensate you...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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If you do not turn up, the chances are your application will be dismissed and they then proceed to issue a bankruptcy petition. If you cannot make it, employ a solicitor to attend. He can prepare a statement to be disclosed prior to the hearing as to why the demand should be set aside.

 

All you have to show is that the debt is in dispute (and the dispute is genuine). Demands should only be served when the debt is undisputed. Iam sure you can show it is disputed. A failure to respond to a S.A.R - (Subject Access Request) request is not a dispute per se, but a failure to provide evidence of debt is. Please post the 'particulars' section of the demand and I will tell you whats wrong with it, if anything.

 

Do not allow the hearing to proceed without you or your representative being present - under any circumstances. Bankruptcy is serious - all your debts fall due to be paid at once and your home will be at risk!

 

By the way, if you succeed in setting aside, they pay your costs!!

Edited by aloysiush
grammar
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Hi Aloysiush,

 

Particulars of debt as follows:

 

The debt relates to sums due under account number XXXXXXXXX with Barclaycard. The debt was assigned to the creditor on the XXXXXX. The amount due as at the date of this demand is £XXXXX.

 

Should it not state which creditor it as been assigned.

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Would it be the people who have issued the claim ?

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Would it be the people who have issued the claim ?

 

No, this is what it said on the back of my stat demand, last paragraph titled "Particulars of debt".

 

My bros is a ccj claim form.

Edited by smithy73
missed some info
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Aha, sorry. I have no knowledge of either so am unable to help you. :(

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The particulars are inadequate. It should at least have the date of the agreement and date of default/notice.

 

Full details of the assignment should be contained on the 3rd page.

 

The demand should be served personally (an attempt should be made) and thereafter by putting it thro' your letterbox (substituted). Putting it in the post, with no personal attempt is unnaceptable. If in the post, they are unlikley to attempt to proceed to bankruptcy, but take no chances - see a local solicitor for some free advice re: setting aside. If you can show a dispute, it will be set aside.

 

Good luck.

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Is the fact they have not supplied with me a CCA still enough to put this into dispute as that was what I was using in my defence. Also that the account has unlawful penalty charges and fees.

 

thoughts??

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It is my understanding to enforce the debt in court they would have to produce the document and I guess you could counterclaim for the unlawful fees/charges :D

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:D

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Any news on this smithy ?

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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