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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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HFO/ Turnbull Rutherford and Cabot Financial help needed


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Below is a picture of what you're up against;)

 

2n0jus.jpg

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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That's a great cartoon. I'm going to have that picture in my head when they next ring up to annoy me. I will smile to myself as I'm saying could you hang on while I press record!

One of the DCA's I am currently dealing with have a policy of not giving out their last names. Unbelievable!

Thanks again

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Thank you for that. i just wanted to put my mind at rest. The advice I have been given on here is excellent.

 

If you took copies of your correspondence (after Sig) then check any docs sent against them I if the bear to close resemblance they are almost certainly forgeries

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I am confused about the signature situation.

 

Could we not use a request signature that has never been used on any real document and see what comes back. As an example if my normal signature is Gordon Brown and I sign the CCA request Gordon Stillamoron Brown it would be amusing to have a resultant CCA with the latter sig.

 

Just a thought,

 

GK

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I am confused about the signature situation.

 

Could we not use a request signature that has never been used on any real document and see what comes back. Yes. As an example if my normal signature is Gordon Brown and I sign the CCA request Gordon Stillamoron Brown it would be amusing to have a resultant CCA with the latter sig.

 

Just a thought,

 

GK

 

Nothing stopping you from having a number of signatures, I do. I have one for official docs/cheques and another for general correspondence. I never sign anything send to a DCA but I will in future use one specifically for sending to DCA's (go on DCA, use it if you dare!! :p )

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  • 1 month later...

Hi guys

I have two DCA's - AIC and HFO - who are chasing my other half. I have taken advice from the forum and have my own DCA's under control but both these two have had CCA requests and continue to call.

We do not mention that we have sent CCA but just refuse to speak to them point blank. AIC are particularly unpleasant though we know that both of them have received the CCA as they were sent recorded and received.

What is the line to take with them? Is is best to just keep playing this no comment game or send another letter reminding them of their obligations. Does anyone have any experience?

 

Thanks

 

Seachan 1

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Thanks Mr. Ton

Will do. I thought as much. Until they actually send an agreement - whether enforceable or otherwise - we are under no obligation to enter into any form of dialogue - including a response to a further letter. Is this the case? And I will recommend that my other half reports them to OFT etc

 

Thanks

 

Seachan 1

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If the 12+2 days have passed since they received your request send this;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) 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 14 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 reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

 

 

Yours faithfully,

Print name do not sign

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 1 month later...

Hi,

 

Mentioning forged signatures, I CCA RBS, and what they sent back well confirms everything that is written above. They sent me a loan duty check list with my original signature, and the T&Cs there was a signature, but guess what it wasnt mine, I used that "fake signature" when I last corresponded with them, bearing in mind the latter signature contained a scroll of SP, whereas my initials are SI, work that out.

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Do Digital Signatures

 

I Had Problems With A Well Known Micky Mouse Car Finance Co,

 

The One I Love To Hate Now

 

They Had No Agreement And One Appeared With A Sig WhicH Looked But Was Not Mine

 

I Spent 250 Quid On A Graphologist Report

 

It Scared The Hell Out Of Them

 

The Rest Is History

 

If You Suspect Underhand Tactics

 

Its Worth Its Weight In Gold

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+ in the event of any court action, the original has to be produced anyway. ;)

 

I thought this was dependant on the judge lottery?

 

Microfiche has been used according to some posts and photocopies are acceptable by some judges.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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Would you not have a have to demand the original regardless of what the judge intended?

 

"Give me a couple of hours and I could produce a better copy than that!";)

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Can you demand to see the original? Doesn't the judge decide this. Isn't that the point. If the judge belioeves your demand is just there to happer the process and eviendence that the debt is owed is already present, it's hard if not impossible to reley on this.

 

From reading posts I really get the impression that Orginal is being worked out of the legal system for obvious reasons, more judges than not now have no interest in originals. A microfiche reader was used in one case, It's a silent victory for the DCA I think.

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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  • 7 months later...

I have several old, pre 2005, unresolved cc debts. All have been the subject of cca requests and numerous responses. However, I moved house recently and am about to move again. Pretty soon my trail will go cold and they won't be able to find me for a while. But can they issue court proceedings in the meantime and I know nothing about it? Some thoughts from seasoned experts would be helpful.

Best

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Its A Well Known Trick For A Dca To Send A Claim To A Prievious Address

 

Saying That. Its A Last Resort A Dca Doing A Court Calim, They Would Sooner Sell It To A Dca Further Down The Food Chain

 

It Depends On Things Such As

 

Size Of The Debt

Do You Own Your Own Home

 

Is It Worth My While To Issue A Claim

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I have several old, pre 2005, unresolved cc debts. All have been the subject of cca requests and numerous responses. However, I moved house recently and am about to move again. Pretty soon my trail will go cold and they won't be able to find me for a while. But can they issue court proceedings in the meantime and I know nothing about it? Some thoughts from seasoned experts would be helpful.

Best

 

Have you thought about getting your mail redirected by Royal Mail , up to 2 years , that way you can see them but they cannot see you .

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