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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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Halifax CCA is this right help please


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I have today received a reply to my CCA made to my Norwich & Peteborough credit card (which is supplied by Halifax)

 

Halifax have replied although I applied to and have conducted all of my business with N&P, but it states on the statements that the card is supplied by BOS (guess thats not really important)

 

Anyway, The letter back is not a signed copy of my application rather it is a covering letter stating things such as balance due, blah blah (Ill take a pic and post it here later today

 

Also included are two copies of a Credit card agreement regulted by CCA act 1974 (these are not signed and are just print outs) Do I need to upload these?

 

I don't remember how I applied for the credit card and whether I signed or online application but I am thinking I should apply

 

I dont have PPI on this account and I want to see if the agreement was properly executed

 

Im thinking I should send for original signed copies after reading this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

But as I do that, I would just like your opinions

 

Thanks

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Hi

 

My understanding of the CCA is that they have to supply you with a copy of it if they are going to rely on it in court.

 

I am sure someone will correct me if i am wrong.

 

When did you send your first letter and have you got proof you sent it?

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Hi Gwyther

 

I wasnt sure how I had applied, online or in writing, But I guess if they have an internet application this would show the tick, and they would have provided that. They havent

 

My first request for copy of CCA was 6 Jan and the 12 days allowed for reply was due 20 Jan and yes I sent it recorded

 

28 Jan, I have now sent a request (not under s.77/78) for true signed copies as is allowed to assess whether I have a claim. I have asked for this by return

 

Thanks

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  • 2 weeks later...

I have now received my original signed application from Halifax which does have my signiture on it

 

However before I bring this thread to a close I notice that they have only sent me pages 4 & 3 out of 8 pages

 

Also, the agreement is signed by me but directly underneath my signiture is a line for "on behalf of Halifax" to sign and date. This has been left blank

 

Do the above items have a bearing on the correct execution of an agreement?

 

Thanks

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I have now received my new credit card from Norwich & Peterborough today as my last one (with correct agreement) ends in Feb

 

This new card has come with just terms and conditions and no signed agreement. Arnt they now playing into my hands in terms of not having an agreement for this card?

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Hi all

 

I have had a thread going but dont seem to be getting much response so thought I'd ask this question here

 

I have just received my new credit card from Norwich & Peterborough (Band of Scotland) This card comes just with new terms and conditions and so has no signiture

 

Isnt this effectively now an account with no enforceable agreement?

 

Thanks

 

Link to thread below

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/180594-halifax-bos-norwich-peterborough.html

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  • 4 weeks later...

Hello

 

Here is an image of a cca I have received from Halifax (Norwich & Peterborough) for a credit vard I have with them

 

http://i550.photobucket.com/albums/ii434/urbancolour/nor_pete_cca2_use.jpg

 

When I first applied for this I did so using a template from this forum and received just a copy of terms, not an actual copy. I applied again using a pre action template and this copy arrived

 

I have read the forums and I am still unsure whether the terms of the agreement are correct

 

Also, I have now received a new card from them with no agreement at all, isn't this wrong on their side as each new card should have a new agreement?

 

Thanks for your help

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Hello all

 

Don't you just love reading these forums at silly o clock when normal people are asleep :-)

 

Anyway, back to business. I have posted this in other areas but seem to be getting no response, maybe because it's in the wrong section.

 

I have had the following cca sent to me from Halifax, On the face of it, it is not signed by Halifax at all, which, weak as it is for a claim is so far my only route, and Im thinking at this point of an end solution of F&F settlement.

 

http://i550.photobucket.com/albums/ii434/urbancolour/N_P_cca4.jpg

 

However, the page I have posted here is page 3 of 8 with the other 7 not being supplied to me

 

I am not really sure if the prescribed terms are correct on the sheet they have sent, could someone just take a look and comment for me please?

 

Also, I have now received a new card from Norwich & Peterborough but no new cca at all, which Im sure I should have received one for signing for continuity. And so with no new agreement, is the agreement now unenforceable?

 

Thanks for your help

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The CCA is enforceable. As you have said, their lack of signature makes for a very weak case, so I would try and offer them a full and final and see where you go from there.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Just a thought

 

What about the fact that the lender has sent me a new credit card and not asked for a new agreement to be signed

 

I can't find it now, but I'm sure I read here that a renewed card with no new agreement also is in my favour for negotiation

 

Thanks

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  • 4 weeks later...

Hello

 

I'm sure I have read something on the following but I can't find it anywhere

 

I have been issued a new Halifax cc after my old one expired

 

I have had no new agreement to sign and I'm sure this makes the agreement unenforceable

 

Have I just made this up, or is it for real

 

Thanks

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yes it has, although not signed by me

 

also there is a section that states

 

1 PARTIES - This agreement is between bank of scotland and (then it should have my name and address, this is left blank... does this matter?

 

Thanks

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It's the same account, just a different card number so a new agreement isn't required. The reason they send you a copy of the agreement is s85 CCA

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