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    • Thanks for your reply dx    no I haven’t moved, in all honestly I don’t think they have sent the NOA, hence why I have asked for proof. It was suspicious on the phone as they couldn’t find the letter and then couldn’t attach it to an email    I have no problem paying the £75 if they prove they sent it.    im disputing the £235 as I don’t think they’ve follow the COVID guidelines either. I’m at work and my sister answered the door who is deemed vulnerable and is shielding. I would have told them that if they done a risk assessment (I believe the ministry of justice require it)    im a little confused with what you mean by the NOA running out? They have told me they sent it on the 14th? 
    • Well, I'm being pedantic but I think they're using the wrong term.   Link to the Money Advice Service on salary sacrifice below. It doesn't sound like what you're doing.   https://www.moneyadviceservice.org.uk/en/articles/salary-sacrifice-schemes   HB
    • can you please refrain from using any hosting sites now please   read our upload guide carefully (esp about using pdfreducer websites) and pop the PDF up here.   can you also rotate the images!!   thank you
    • can't see how you can owe the £235 fee, just because of an error their way that ran the 7 days out because you didn't pay the £75 NOA fee in time. you need to confirm the address the NOA was sent too , thats all. have you moved since the fine was issued?   please be very careful about following advice on some bailiff sites, they can be very misleading at the best of times. if you've not moved, then there can't be any real dispute about not receiving the NOA, letters are deemed received 2 days after posting regardless.   i think you need to get WRITING to the company, offer the £75 . 
    • So after requesting a new SAR this is what we received. Can anyone shed some light on what I could do with these figures?  https://drive.google.com/file/d/1PLDAGPrHWMrmqhiu6CDA3Vxg1w8NYQqI/view?usp=sharing   (There is no sensitive info on this link)  Can anyone Help? 
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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. 
       
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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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Brian Carter Solicitors - Advice Please


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The next payment is not due until 5th September which is 22 working days after they received the CCA letter. I was thinking perhaps though to prove that I am being reasonable about this to keep the DD active for the next payment, I will then have paid them £1000 in 6 months, far more I am sure than they bought the £4000 debt for.

I am also currently looking into charges on this account and they amount to over £3000 which would leave about £1000 that I actually owe. I have no issues paying this debt, but I do not want to pay it to a DCA who has done nothing but harass me since I first got into financial difficulties.

Laura x

 

Have you established that fredericksons/carters actually own the debt, i doubt it, as this is no their normal modus operandi?

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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Paying them does not confirm they have the right to collect. Failing to comply with the 12-day statutory limit puts them into default. I would cancel the payment and see what they do next. If they say they are returning the matter to their client I would be tempted to ask for my money back + interest. No paperwork = no debt.

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Paying them does not confirm they have the right to collect. Failing to comply with the 12-day statutory limit puts them into default. I would cancel the payment and see what they do next. If they say they are returning the matter to their client I would be tempted to ask for my money back + interest. No paperwork = no debt.

 

Theres no chance of getting any money back from them, yes stop the payments and see what they do.

As for returning the account back to their client, i thought the OP had said above that carters now owned the alleged debt?

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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That will have the effect of slowing Bryan Carter down for the moment. When he does not comply with your request, you can legally stop paying until he does comply with your request.

 

Now although BC is renowned for attempting to get a CCJ against people who owe money to his clients, he usually goes about it in the wrong way. So at the moment I would not worry about that scenario.

 

 

 

BB

 

My girlfriend works for the courts and says they get lots of cases where BC say they have made an error and wish to discontinue a case!!

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That will have the effect of slowing Bryan Carter down for the moment. When he does not comply with your request, you can legally stop paying until he does comply with your request.

 

Now although BC is renowned for attempting to get a CCJ against people who owe money to his clients, he usually goes about it in the wrong way. So at the moment I would not worry about that scenario.

 

 

 

BB

 

My girlfriend works for the courts and says they get lots of cases where BC say they have made an error and wish to discontinue a case!!

 

Why am i not surprised at hearing that:mad:

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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There is nothing to stop anyone asking Carters to return any money paid over a "debt" which they cannot substantiate. To demand money without documentary proof the debt exists at all is close to fraud. If they refuse to pay send them an lba setting out the action available to you. They usually run away from court like scaleded cats. I wonder if they would like to explain to a judge why they demand cash when they don't have any paperwork. I wonder if they would even turn up! In my view you have everything to gain and little to lose.

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My next direct debit is due out at the end of this week. I really do not want to nor can afford to pay these people another £150. Credit Agreement still unforthcoming from BC, so do I need to write to them to state that they are in default of my request or should I just cancel the DD. Really do not want them to CCJ me so would like some clear guidelines on how to handle this one!!

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Here is a letter to send them if you want to put it firmly in dispute,

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

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 you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

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 21 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 will be reporting your actions to any such regulatory authorities as I see fit.

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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Thanks for that Credit Card Mug - awesome letter. I shall make some amenments and it shall be winging it's way to BC (by recorded delivery naturally) by tomorrow!

I shall advise how I get on!

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  • 3 weeks later...

So, I sent the above letter to BC on the 1st September and it was signed for the following day. However I today received "letter before action" letter stating that I am in breech of my agreement with them and they are now going to take further action to reclaim the balance owed.

Unsurprisingly no reference has been made with regards to the CCA request that they are in default of.

Should I write to them again??

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Personally i would do nothing and see what they do next, it may be an empty threat or may not be, but without an agreement they will get nowhere with a court claim.

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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Send them this....by recorded delivery

 

Dear Sirs

 

I refer to your letter of XXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated xxxx 2008 for which I have proof of receipt . Your client had until xxxx 2008 to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by your client under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law and OFT guidelines.

 

Please note that any legal action will be vigorously defended.

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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  • 2 years later...

Hi im a new user and i want to post about fredpay.com as they to are claiming that i owe money to Royal Bank of scotland please can you tell me how i can post a topic on the main foroum board concerning fredpay? I have only had bank account with Natwest and barclays not with royal bank of scotland. please let me know how i can post asap thanks

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