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    • 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.
       
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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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Hi,

Just received response to my CCA request.

The covering letter says that a default notice was served on me in October - I have not received one, although I have had a couple of letters from the lovely blairOS

Agreement appears to be Application form - please can anyone confirm if it is enforceable? (they printed it on both sides).

http://i443.photobucket.com/albums/qq154/thereisanotherway/boscc2-1.jpg

Also included was a CCA with my current address on - no signature, or their signature etc.

 

What should be my next step?

 

Thanks

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Hi there:) Is that it?!!! No prescribed terms, no terms and conditions. Is it the same on both sides? I take it you have moved address since you took the card out? So they decide to send an agreement with your current address! Ha ha deep doo doo BOS in my opinion totally unenforceable cos of the reasons stated above. If they get ar*y with you 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’.

 

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

 

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.**

 

Hope this helps.:)

 

 

 

<<<If I have helped please tickle the scales;-)<<<

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  • 2 weeks later...

Whilst still waiting for a response from BOS, I think their latest letter has crossed with mine in the post...scanner not working, but a couple of questions;

Are they right when they say "the cca 1974 does not prohibit collection activity when an account is in dispute?"

Also when they say

"we only have to provide you with the signed credit agreement when we seek to legally enforce the debt or take legal action against you"

Are they suggesting that they aren't wanting to legally enforce the debt against me - despite BlairOS sending threatograms to the contrary? Another one arrived same day as this letter - DO NOT IGNORE THIS LETTER - Are BankOS & BlairOS communicating with each other about my account, or just do they just send random letters?;)

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  • 1 month later...

Hi Everyone,

 

I've just sent off letter to say BOS are in default of my CCA request.

 

Post just arrived with "Notice of Intended Court Action"

 

Questions -

Should I wait for a response to my latest letter, which has obviously crossed in the post, or do I reply specifically to this notice?

As I understand it, they cannot take me to court without a CCA, so why the letter, when they know they haven't sent me a CCA?

 

I would welcome any advice, I'm receiving the same letters for 3 diff. accounts with BOS, just slightly different (random) dates! If I believed the dates of the letters, they take between 2 & 4 weeks to arrive!

Also rec. letter from APEX Credit Management for one of the accounts.

 

Thanks for your time.

 

Should I be worried?!

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  • 2 weeks later...

Hi:) so no conditions as referred to overleaf were sent to you {original not the current bumf they sent you]

 

You said printed both sides of the same paper they sent [gather just 1 page sent ]. Then if so completely unenforceable, no prescribed terms;)

 

You have already sent a letter to Bos sp await their reply to that one.

 

have you receivee your CCA's for the others?

 

Milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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  • 2 weeks later...

Hi Milly,

Just started to receive more letters from BOS again - got a 'we are dealing with your complaint letter........will respond no later than 4 weeks' for the CC.

Just posted up about my loan on other thread 'BOS LOAN FINAL NOTICE' (sorry don't know how to link!).

It looks like it may be ok for them :(. Just going to double check all prescribed terms are there. I guess I'll be able to stall for a bit while they sort out a legible copy and also confirm the 2 pages are actually 2 sides or not!

TIAW

Edited by thereisanotherway
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Hi TIAW:)

 

I am gonna find your other thread. So i presume they have sent the overleaf conditions?

 

keep your chin up hun XX

 

MILLY x

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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  • 3 weeks later...

Hi Everyone,

 

Received a letter from Global Credit & Collection today - interestingly marked 'Without Prejudice' quite a nasty tone, requesting me to ACT RESPONSIBLY...pay within 10 days or..Dramatic effect on your credit reating & escalated collection activity..failure to respond means that my status will be changed to 'refuses to pay' and you will be dealt with accordingly!

 

Any ideas? Shall I just send a standard 'Account in Dispute with OC'!

 

Halifax have also sent me a copy of a letter they sent to my old address (why?) they strongly advise that I contact Blair Oliver and Scott 'to arrange payment as it will prevent any action being taken to recover the outstanding monies as we have not upheld the dispute you have put forward.'

 

As always any advice and opinions welcome.:)

TIAW

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