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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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Littlewoods refusing to do things in writing


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afaz- tis is my (not legally qualified)

 

also even if you are paying your other cards it is well worth getting CCA requests off to them all

 

if you accept (which it sounds like you have) that by paying all your creditrors reduced payments that your credit records are going to be decimated for the length of time mou are making the payments and more then you might as well accept that a ccj will have the same effect (in fact less because the ccj will only show up for 6 years even if you have not paid it off)

 

therefore, work out a budget listing you incomings and outgoings, (check the various forums and sites to get pro forma's) make sure that you make allowances for family holidays work exepenses etc (in other words do NOT leave yourself so tight that you then fail to meet the new payments you are proposing, and then pro rata from your remaining income after essentials and priority debts what you can afford to pay each creditor which i think you may have already done)

 

now send that to Littlewoods and explain that this is all you can afford to pay them and is in line with how a county court would apportion payments in the event that it were to award a ccj against you. Tell them that the figure is not negotiable and in view of their previous misleading information you will require written confirmation of their acceptance of your offer (enclose a first payment with the offer)

 

Tell them that unless they are prepared to stop all interest payments and charges so that your payments can actually reduce the debt (As your other creditors have agreed to do) - then you will have no alternative than to cease payments altogether as you are not prepared to go on making payments which simply cover charges and do not reduce the indebtedness at all or insignificantly

 

also point pout to them that you have been reliably in formed that that you may have been making payments against a deficient or unenforceable credit agreement and that notwithstanding the foregoing you now wish as a matter or urgency to examine the credit agreement , to which end you have made a request under CPR31.16 in a separate letter, to establish whether you have a case to bring against them to have this matter under decided by a court .

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also point pout to them that you have been reliably in formed that that you may have been making payments against a deficient or unenforceable credit agreement and that notwithstanding the foregoing you now wish as a matter or urgency to examine the credit agreement , to which end you have made a request under CPR31.16 in a separate letter, to establish whether you have a case to bring against them to have this matter under decided by a court .

 

What the hell does that mean?

Edited by CornishMaid
I didn't realise how rude that comment looks - I, m sorry!
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well it is pretty self explanatary-however here is a synopsis

 

as a guide it means that he has just found out that the agreement that he has been paying could turn out to be not properly executed and therefore he was never obliged to pay the interest.

 

a cpr 31.16 request is a pre court protocol designed to allow a possible litigant to find out from his possible adversary in court if he has information that will help decide whether he has an actionable claim and whether the matter can be settled prior to proceedings- it is all designed to save the courts being tied up with cases that never go to trial - it is also important to show the court that every effort has been made to resolve a dispute prior to issuing proceedings otherwise the court will express its disapproval by way of awards of costs

 

is that ok or have i milked it too much (lol)

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lol

i have the same problem

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I have pizza cooking, wine chilled and britains got talent on the TV, how could I possibly want more :rolleyes:

 

PS. plus the news that IJ are culling jobs :D :D :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Right. Update. Since all the harrassment warnings I sent, all the offers of payment, the formal complaint sent by special delivery, we are still being harrassed by telephone.

We are now receiving letters from Littlewoods in house DCA NDR. They are not acknowledging our letters despite them being sent by recorded delivery.

I have a call log and feel it necessary to take legal action against littlewoods for telephone harassment. I have no idea where to start..

If I have been helpful in any way, please tip my scales :lol:

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Send them a strongly worded LBA :) Make it VERY clear you wil sue, if you're serious about. Quote Furguson and British Gas in your letter :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I don't, sorry but you should find loads on google.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Haha oops, forgot to paste it!! Sorry, 9 months pregnant and not getting much sleep!!

 

Dear Sirs

 

Re: Person who's account it is

 

Shop Direct keep on phoning me on my mobile number (07xxxxxxxxxx) regarding the above named person, whom I do not know and with whom I have no connection whatsoever. I have written to Shop Direct telling you this but you still keep phoning me, up to 3 times a day. My requests to speak to a manager have been refused.

 

Yesterday (31st December 2008 ), Shop Direct phoned me about his person every 2 hours.

 

I would like to point out that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997 –

 

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other…

 

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both...

 

Further, this behaviour is also an offence under s127(2)© of the Communications 2003 –

 

127 Improper use of public electronic communications network

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both...

 

I have written to you so that you can impress the seriousness of their actions on the Collections Department - the department concerned, since the people who keep on phoning me are obviously ignorant of the law.

 

Given that I am not the above-named person, your behaviour may well be an offence under the Data Protection Act 1998 as well.

 

What I require

 

1. Immediate action from Shop Direct to remove all referrences to my mobile phone number from their system;

 

2. A written undertaking that Shop Direct will cease their harassment and that they will not contact me again by telephone about this or any other matter; and

 

3. That Shop Direct makes me an immediate and realistic offer of compensation for the distress caused by their campaign of harassment.

 

Further Action

 

If I receive any further calls relating to the above named person, I will give the facts to the local police, naming the Shop Direct employees involved, the CEO and any other senior managers I deem to be responsible for sanctioning this policy of harassing random members of the public in pursuit of debts. I also reserve the right to civil remedy under s3 of the Protection from Harassment Act and enforcement action under s4 of that Act or s129 of the Communications Act via OFCOM.

 

Please do not phone concerning this matter. If you need to communicate with me, write to the above address. The only correspondence I am prepared to entertain is a confirmation that Shop Direct are going to cease phoning me. Any other correspondence will be deemed to constitute part of the same campaign of harassment.

 

Please note that I record all phone calls.

 

Yours sincerely

 

The GM

If I have been helpful in any way, please tip my scales :lol:

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The phone calls have stopped but they have ignored my letter as for DATA PROTECTION REASONS as i am not the named person on the account they cannnot discuss anything with me. They feel they acted in good faith taking my number off the account without evidence that i am not the account holder.

 

Just remember they can send letters asking for money to anybody when they have no cca pass our information on to CRAs when they have no legal rites to but they are not entitled to compensate me for harrassement on MY mobile phone.

 

Good known where the person, whose name i do know as they kept asking for it, got my number i have never heard of her but i know she has never lived here since i lived here as the only 2 females are our georgeous baby girl and me.

 

Death by crayons. Dont worry no to little sleep this late in pregnancy is normal. I would advise u get some radox sleep easy and stress release bubble bath or bath crystals, it does not have to be the radox but i use that brand when advising as ppl recognise that brand on the shop shelf, mix them both into a bath , they are safe to do that, and have yourself a nice hot bath and a good soak. Just been careful it is not to hot as u dont want ur waters to go in the bath. I would also advise u cover ur bed in dust sheets or summing else just as waterproof.

Edited by The GodMother
spelling and advise

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I so wish I could have a bath, but our boiler is broken and our repair man is waiting for the part to come in on Monday :(

I can't wait for Monday :)

If I have been helpful in any way, please tip my scales :lol:

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ok then i dont know what to advise but trust me i know what ur going threw as this time last year it was me.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Anybody care to pick over this for me before I send it this afternoon?

LETTER BEFORE ACTION

Shop Direct Finance Company Ltd

May 30th 2009

 

Dear Sirs

 

Re:

 

Shop Direct continue to phone me on my landline number (000000000000) regarding the debt which I have offered payment for countless times in writing, I have written to Shop Direct telling you this but you still keep phoning me, from number 08000515503.

Three harrassment warning letters have been sent to Shop Direct by recorded delivery, and all have evidently been ignored. Therefore, you have breeched ss1&2 of the Protection from Harassment Act 1997, AND section 40 of the Administration of Justice Act 1970.

 

This week, shop direct have made 3 silent calls to my landline telephone, and one call requesting to speak to me. I suffer with severe depression and anxiety and my wife is disabled and heavily pregnant, your calls have been causing a substantial amount of distress.

 

I would like to point out that this behaviour constitutes harassment under ss1&2 of the Protection from Harassment Act 1997 –

 

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other…

 

2 Offence of harassment

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both...

 

Further, this behaviour is also an offence under s127(2)© of the Communications 2003 –

 

127 Improper use of public electronic communications network

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

© persistently makes use of a public electronic communications network.

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both...

 

I have written to you so that you can impress the seriousness of their actions on the Collections Department - the department concerned, since the people who keep on phoning me are obviously ignorant of the law.

 

 

What I require

 

1. Immediate action from Shop Direct to remove all referrences to my mobile phone number from their system;

 

2. A written undertaking that Shop Direct will cease their harassment and that they will not contact me again by telephone about this or any other matter; and

 

3. That Shop Direct makes me an immediate and realistic offer of compensation for the distress caused by their campaign of harassment.

 

Further Action

 

If I receive any further calls relating to the above named person, I WILL give the facts to the local police, naming the Shop Direct employees involved, the CEO and any other senior managers I deem to be responsible for sanctioning this policy of harassing someone in pursuit of debts. I also reserve the right to civil remedy under s3 of the Protection from Harassment Act and enforcement action under s4 of that Act or s129 of the Communications Act via OFCOM.

 

Please do not phone concerning this matter. If you need to communicate with me, write to the above address. The only correspondence I am prepared to entertain is a confirmation that Shop Direct are going to cease phoning me. Any other correspondence will be deemed to constitute part of the same campaign of harassment.

 

Please note that I record all phone calls.

 

Yours sincerely

If I have been helpful in any way, please tip my scales :lol:

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Just shove in a par after the legislation you've quoted, quoting it as recent case law creating precedence ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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I have no idea how to word it.... god I'm stupid..

 

 

I have written to you so that you can impress the seriousness of their actions on the Collections Department - the department concerned, since the people who keep on phoning me are obviously ignorant of the law and I'm sure you are aware of the recent precedent case of Ferguson v British Gas.

 

Something like this..

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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