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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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CCA Enforceability - barclaycard visa


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Hi,

 

In order to try and determine the enforceability of my cca agreements for all my credit cards i have requested my agreements from all.

 

I would be extremely grateful if anybody could offer any advice on their enforceability by looking over the agreements I have received or by offering any other advice.

 

I wrote to Barclaycard visa card on 11/11/08 and they sent me the following agreement on 2/1/09, cleary more than the 14 day period. In addition the agreement is not signed by me. I sent them a second letter received by them on 19/1/9 stating that they have not sent me the signed agreement as I had requested, and I am requesting it again. They have still not replied. I have been advised to wait a little longer as they apparently have 30 working days to fulfil the second request, which would be 3/3/9.

 

http://photobucket.com/BarclaycardCCA

 

Any advice on the enforceability of the barclaycard agreement would be greatly appreciated.

 

Many thanks in advance!

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The paperwork that Barclaycard have supplied meets your request under s77/79.

 

However, I take the view that what they have sent you is unenforceable. There is no mention of your name, address or signature unless you have blanked them out.

 

To confirm if they do hold a valid CCA for the account you will need to send a Subject Access Request to Barclaycard at a cost of £10.00

 

I'm sure others will offer their view.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi supasnooper is correct what they have sent complies with S78 CCA 1974 in that they can send a blank agreement though with the £12 charges on this agreement I would like to know how long ago you started the account (just the year) as I believe that BC along with other CC providers did not apply £12 charges before 2006.

 

While they have complied with a blank agreement under an full sar they have to supply a copy of the actual signed agreement as this is a DPA not a CCA matter.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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If you wish to pursue the matter with an SAR request, a good letter to use is this one.

 

 

Your Name

Your address

Your Town

Your Postcode

Credit Card Company

XXXXXXX

XXXXXX

XXXXX

XXX XXX

Date , 2009

Data Protection Act 1998

Subject Access Request

 

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: XXXXXXXXXXXXXXX

 

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the above account number.

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the original consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

14. 14. If it is contended you do not hold such data before such a date, please confirm this by providing the Certificate of Destruction.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10 by postal order number. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours Faithfully,

Your name.

There is a currently a split over whether a signature is required for an SAR and some Creditors are getting rather "disruptive" by requesting proof of this if the request is not signed.

I would sign the the request but changing my signature (add a letter or put a line through it, etc) so that it would be different to my normal signature on my passport, driving licence etc. but it's up to you.

Enclose a £10 postal order and send Recorded Delivery to Barclaycards Registered Head Office.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi debtkills,

 

I'm pursuing barclaycard too for an original agreement. They sent me just the current T&Cs and the T&Cs from the year when I took the card out. The application form they have sent you appears to be a blank one.

 

I find it very irritating that if they actually do have the agreements we have to spend a further £10 on an SAR. I've actually got almost all of my statements for the last 10 years, so I don't need copies of those, just the agreement - if they have it!!!

 

I've just written back again saying I don't understand their reluctance to provide a copy of the agreement unless of course they know it doesn't meet the requirements of the CCA 1974.

 

Logically the fastest way for barclaycard (and the others) to move forward and get us to start paying them would be to provide a copy of an original properly executed agreement, so I believe that if they don't do this at the first time of asking they either haven't got the agreement any longer, or they know it isn't compliant with CCA 1974.

 

DD

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Ok great.

 

This card was actually one of the first credit cards i ever got. I got it as a student in 1996 or 1997.

 

I think i will send a SAR request and see how i get on.

 

Thanks all for taking a look over my agreements.

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