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    • Hi.   I know you have a few threads going, is this one connected with the one you posted on earlier please?   HB  
    • I've converted the images to PDF so only registered Caggers can see them - best to keep the fleecers guessing!   Excellent work, the signs are indeed total pants.   As far as you know, are these the same as what you saw?  Google Street View is often out of date.
    • I have captured the best images of the sign at the entrance to the car park that I could, from Google Street View. It strikes me that no mention/agreement of having to pay £100 could have been seen from the car.  The writing is too small.     Signs.pdf
    • My aged uncle had been paying for his TV licence by auto renewing monthly direct debits despite (despite turning 75 years old 7 years ago). My request for a refund was ignored for over a month, so I made a Direct Debit Indemnity claim and received a full refund for 7 years overpayment within the day from my bank.  It was very simple.   I then asked TV licensing for a compensation payment for the interest and they have refused on the grounds they did nothing wrong. It seems they do not take customer dates of birth. This is why  they have no idea whether their customers should be charged or whether they have reached the age for a free license.   It seems to me (especially for the benefit of old people), it would be simple to include a date of birth in the application process and therefore automatically cancel direct debits or even reject applications once they become eligible for a free license.   My question is, can I insist on interest? I understand statutory 8% interest is only an award if a judge  (at a county court etc) allows it. As I received the refund without going to court, I guess I cannot insist on that interest. However, I hope to proceed to make this scandal more public and seek the interest on his behalf.   Any ideas gratefully received.
    • Hi all,   Car: 5 years old, 30k mileage purchased from the main dealer of the brand the car is.     Handover was pretty rushed and after 2 hours we just wanted to get out of there with the car which got further delayed because various accessories were removed from the car - something quite common if another customer is buying a similar car and has requested for instance mats to be included.  Luckily I had already taken photographs at the point of reserving the car a few weeks ago so stated we expected these to be in the car.   Main Issue:   It states on the multipoint check "Four Wheel Drive: All four wheels must always be fitted with tyres of the same type, make and tread pattern" We have 1 front tyre of a budget brand, the other 3 the same however tread levels are very different in all 4 with the rears always differing by half a tyre (4 vs 7)   Annoyingly the entire book pack was missing (raised for replacement) however I found the manual online and it too states: "All four wheels must be equipped with tires that are the same brand and have the same construction and tread pattern so that the drive system is not damaged by different wheel speeds"   Finally one tyre has cracking around the shoulder though unsure how much this matters on the location - this is the lower tread level tyre too.  (raised during first visit) and passed the MOT only a few days ago with flying colours.   I had my phone on the desk recording the entire 2 hours due to the way the pre-sales was handled and to transcribe the Multipoint checklist:   41:40 Sales Guy says: Multipoint check included is part of the service Multipoint Check and oil service carried out last month (says date) been checked over for any last minute things this is for you, all ticked off, lets tear these off as we go You need to sign now to say you have received the report   Obviously our signature is on the basis of what he said verbally that all was ticked off and ok.   The day ended essentially with all documents in a folder, keys and folder handed over and we said our goodbyes.  We then dragged him back and spent a further 40 minutes faffing around for the bits that were missing in the car by essentially taking them out of anothrer car, trying the fit, finding another etc   So any leg to stand on re tyres and more importantly, the policy the brand sits on with the checksheet and manual?   thanks Apologies for those who do prefer a bullet point list, I have tried to keep just the facts in here!  
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • 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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Unenforceable Credit Agreement?


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How much is the alleged debt to Capone ? I am in a similar situation so we definitely should keep in touch. I am giving up on the unenforceability angle (well nearly) and will attempt to settle. Mine is about £6k.

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I thionk that I know who the Debt Collectors are - Frederickson, Debitas etc and we assume that they haven't bought the debt ie they are on commission - what about trying 20% after having initially tried 10% - or just pay them £1 per month and back it up with a statement of your affairs. Just thinking aloud rally but I will be doing something positive very soon. Let me know what you do.

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I am thinking about making Capital One an offer to settle- on the condition that they change my account status as settled and get the default removed. Does anyone know if this is possible, and if so, should I make the offer by phone or in writing?

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  • 2 months later...

Hi same here quite new to this, need some help about by HFC hire purchare agreement. Basically it was taken in 2002 with buy now and pay in 12 month. Unfortunately I never made any payments and the debt was passed on to a dca, after they contacted me I made a payment arrangement. I have now received copy of my hire purchase agreement and wanted to know its validity, anyone help plz.

 

Thanks

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  • 3 months later...

I am new to this site but have been very interested in some of the posts... especially re unenforceable credit card agreements. There has been some great advice given. I was approached by a compensation co... who told me they could wipe all my cc debt... if they could prove the cc agreements were unenforceable.... however after a long discussion they requested my credit card details... I categorically told them not to take any fees until i have had a look at the paperwork... However they did and as u can imagine I was fuming... charged £1,580 upfront for nothing... after calling them and threatening them with MOJ and Financial omb they quickly refunded my fees... as they had already been warned about taking upfront fees.... SO to cut a long story short I am going to do it my self... but nervous... Can anyone provide me with a template for the letters u need to send to lenders.... thanks guys.

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  • 1 month later...

haha where do I start??

I have looked at this site and taken advice and now im a little 'stuck' so all input is very much grately recieved!!

I have asked my lenders, Cahoot, Egg and Mortgage lender for original agreements, because all agreements are before 2006 and wanted to know how i really spot the flaws in agreements and how to respond.

My mate works for a company and has said that he can do it for a fee, which really isnt the point if i want to scrub away debts!!

 

OK here goes, The cahoot loan was a flexible one taken out in 2005 agreed limit £9000 have had some success in claim back PPI , I have had the credit agreement back and then have been sent new terms ad conditions with another credit agreement the same as the first attached to it. I havent signed any new terms and conditions. How can this get written off??

 

The Egg one, sent me back a copy of the original agreement with current terms ad conditions it states on the original agreement the original interest rates?? this is for £2500 taken out 8/11/2004

 

NRAM have two secured loans on this account ad have asked them three times for the original loan agreements for the secured element of this account, rang today to ask again, can i go for these to be written off? or will i get trouble off the company or will they ask me to move my mortgage etc??

 

Also ( sorry to drone on and on) but I had a overdraft with Nationwide which has gone to a CCJ. is there anyway around this?? they kept putting the overdraft up ad up without my consent and also I have disputed bank charges without success!!

 

I really dont fancy forking out money (which as you can tell by the debts I aint got) so please Help!! xxxx

 

 

Kelly:jaw:

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Have been looking through all posts going back years - has anyone successfully had their debt 'cleared'. I contaced MBNA direct to ask them to send my up to date terms and conditions. Have just received an 'updated' terms and conditions - not the original, but they did send me a copy of the application form I signed back in 1998 - so take it cannot take the unenforceable claim any further as they do have this signed form ?? any comments would be appreicated

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I'm afraid the world has changed since this thread was started. It is now well nigh impossible to get a debt written off by challenging the agreement. Bank overdraft charges are also hard but there may be ways of challenging those using newer legislation.

 

IMO, the only worthwhile things a the moment are mis-sold PPI and late charges on credit cards, catlogues and the like. For late charges, see my Goldfish thread. There is plenty on PPI on other parts of the site.

 

I am going to lock this thread as I think it is misleading now. Please start your own thread in an appropriate forum and someone will be along to help.

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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please can you all start your own threads rather than posting here as it gets hidden and no-one with any experiance is actually helping

 

an un-en CCA DOES NOT get the debt written off - old wives tale.

 

it just means they cannot use the court route.

 

however after many recent cases, it is CAG's view NOT to rely on an UN-EN CCA in a court of law.

 

thread closed

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Please note that this topic has not had any new posts for the last 3502 days.

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Thank you

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