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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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Virgin Active/Scotcall


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Hi,

 

Am looking for some advice here as am beginning to get a little frustrated with a situation that has developed.

 

Earlier this year I cancelled my membership to Virgin Active gym. I was on a month by month contract and the only stipulation was that I had to give a months notice if I wanted to leave. I wrote a letter to Virgin Active giving a months notice, paid by direct debit as normal and then the following month cancelled the direct debit.

Virgin Active are stating that they never received this letter and I am now being chased for 3 months worth of gym membership - £150.

This case was passed by VA to ARC who have been hounding me for months. I have written to them stating that I do not acknowledge this debt and asking for a copy of the agreement I signed with VA. To this day nothing has been forthcoming.

 

This "debt" has now been passed to Scotcall who are threatening to come to my house to collect this money.

 

As this was gym membership and no "credit" was involved do the CCA laws apply?

Basically it is my word against Virgin Active. I maintain that I have acted within the guidelines of the agreement I signed with them, they state that I have not.

 

Does anyone have any advise on how I should deal with Scotcall?

If this ends up in court, could this affect my credit rating even though there was no actual credit involved?

 

Please help!!!!!

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First of all, no one can come to your home without your permission and you can write to Scotcall's complaints department and tell them if someone does call they will be trespassing and you will send for the police to remove them. You can also tell them that they are breaking the Data Protection Act 1998 as you have received no Notice of Assignment from Virgin Active to inform you that they have assigned an account in serious dispute to Scotcall and Scotcall do not have your permission to process your data. In pursuing you for payment of a disputed account, they are also breaking the Administration of Justice Act Section 40 and OFT guidelines.

 

You say there was no credit involved in cash terms but there would be an agreement that your membership was renewable monthly and subject to one month's notice of cancellation and you would have signed this when you joined. The only way to check if they have entered anything on your files is to check them. I would send an S.A.R - (Subject Access Request) to Virgin Active and see all the transactions on your account. Did you keep a copy of the letter of cancellation that you sent them? I doubt if they will take you to court but in this case it would come down to your word against theirs unless you have a copy of the letter you sent them and proof that you sent it. Make a note for the future to send any kind of termination concerning money by recorded delivery so you have proof they received it.

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