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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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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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I use that interest calculator myself. Turned £85 of PPI premiums into a claim for £1748 which they gladly paid out. It took a small claim though.

 

Hers how you do it-

 

Premiums- enter each individual premium then the date that the contractual rate- I used their cash rate of 26.8%

 

12 "rests" per year from the drop down box and click "360 day year"

 

Add up the totals.

 

This gives you the amount theyve scammed out of you and the amount of money you want back.

 

(With me so far?)

 

OK, when they make some insulting offer, such as the one you have had, you then need to start a small claim.

 

When any claim gets into the legal system it means that you may then ask the court to award judicial interest on top of the amount of your claim.

 

If the contract doesnt specify an interest rate you may claim 8%

 

BUT if the contact does specify an interest rate, you may then claim THAT rate in judicial interest. Got that?

 

Yeah - you can claim another 26.8% ON TOP!!!!

 

This figure is your total (ie premium + interest) minus the premiums.

 

Never fails.

 

Like I said at the start, this turned £85 of PPI premiums into £1748.

 

Premiums charged from Jan 2000 to June 2002 and claimed back at 26.8% plus judicial interest at 26.8%.

 

 

This was settled long before the hearing date- so Barclaycard were very, very keen to settle.

 

 

Thanks for the info, the only T&C's barclayshark have provided (as well as to many other caggers) is current T&C's which state Standard Rate 24.9 % APR & 'Cash Rate' 27.9% APR.

 

FOS have just acknowledged my complaint and stated that its going to be a long time before they can look at it as they are 'overwhelmed' with enquiries.

 

So Iam more interested in barclayshark writing the debt off, if I went the court route then taking into consideration ppi from 1998 to 2002 (missing statements) and the statements that I do have up to 2005 plus their admission (have I got 'em by the short & curlies?) that they want to put the account back to where it would have been had ppi not been applied then they would owe me loads, but I'd be happy for them just to write the card off(& remove any markers from my credit file).

 

(Calders have gone very quiet since barclayshark ppi letter arrived)

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BL**dy Hell !

 

Quickest response EVER from Barclaycard. (3 day response).

 

'Whist I am sorry that you remain dissatisfied, we have nothing further to say'.

 

BO**OCKS! If its their policy to return the account to its financial position if PPI wasnt added then, in my books, that means they refund ALL ppi premiums & interest at the compounded APR ! !

 

Thats my rant over for the day :)

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"'Whist I am sorry that you remain dissatisfied, we have nothing further to say'."

 

In other words, you will need to start legal action if you want any more.

 

 

Not sure on the best way of dealing with this one - apart from I want my money back !!!!!

 

As a claim through the courts would be over £5k I understand that I couldnt do it myself and would need a Solicitor and if it went wrong the costs would be very high.

 

Option 1 - Take court action on the statements I do have (ppi just under £5k without statutory interest.

 

Option 2 - issue a claim for them to provide the missing statements and then go for the second part of the ppi once premiums & interest has been worked out.

 

Option 3 ask them to zero the card balance & remove markers from my credit file - cant/wont provide cca (messed around with regard to this as are many other caggers).

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Hi BEachy, I actually have 2 one with halifax, one with barclaycard, I think I got confused as you asked if anyone had success with Halifax !

 

Barclaycard took £1300 of PPI of the balance and £247 charges off also. I still have a balance of about 2k.

 

Halifax sold the debt to CL Finance - the PPI amounts to about £1300 also, they took the Charges of £355 off the balance, but I am still argusing about them taking off the £1300 off the balance as they sold the debt on.

 

Forgive me if I get confused, I have so many ongoing claims I am confusing myself !

 

Been with CCCS over 3 years and no problems, have no issues with BCard coming off balance, but Halifax SOLD the debt, they still state that they have every right to give it to the DCA !

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Beachcomber

 

we are in the same position as you but with Bank of Scotland preference account. We are about to do a letter before action as we have written to them a couple of weeks ago after they admitted miselling PPI but they calculated it wrong as they didn't include the loan part of the agreement, just the credit card part or contractual intrest.

 

think LBA is best way forward and going to court as FOS is taking up to two years so we have been told. We have another one with FOS from Creational Financial and that has been with them since April and still with

an adjuticator.

good luck

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Beachcomber

 

we are in the same position as you but with Bank of Scotland preference account. We are about to do a letter before action as we have written to them a couple of weeks ago after they admitted miselling PPI but they calculated it wrong as they didn't include the loan part of the agreement, just the credit card part or contractual intrest.

 

think LBA is best way forward and going to court as FOS is taking up to two years so we have been told. We have another one with FOS from Creational Financial and that has been with them since April and still with

an adjuticator.

good luck

 

thanks for the support, LBA going off tomorrow

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Hi Noom, if that was directed at me, Barclaycard was CC and the £1300 was PPI only, they paid also charges back - only charges not interest and I accepted.

 

The Halifax was a loan, and the £1300 is PPI and charges.

 

I am still waiting on their answer.

 

Just to say sorry, the thread was anyone had BCard Success, hence why I posted, didn't mean to jump on anyones thread !

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OK so prelim. now ignored so its game on & court action.

 

Any adjustments to the letter going in the post today ? :-

* * * Letter removed as it has now been posted to BC * * *

 

 

 

 

Also should a copy of this letter be sent to Barclays t/a Barclaycard, Churchill Place?

 

Thanks in advance,

 

Beachy

Edited by beachcomber60
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can see no harm sending the letter to two address also as this is an lba letter use signed for delivery PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Oh and probably no need to remind but i will get a receipt of postage very useful 4 court

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Thanks Pompey,

 

Had to go out yesterday and got back too late to get it in the post, will be my first job in the morning when I get back.

 

I am having second thoughts as to which way I should go about this, because they cant/wont give statements for '98 to '02 I dont know whether I should stick my court claim in for '02 to 04, make a seperate claim for the missing statements then make a third court claim once I have the missing statements, or just stick a claim in for the whole period as they admit misselling.

 

Currently got Calders getting heavy and the ppi premiums refunded will wipe the cards once & for all.

 

Beachy

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whole claim because once the claim is issued u can then use CPR 31.14 to get all the docs and if they still do not comply inform judge and he will issue an order 4 them to comply and failure of that is judgement in your favour

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Oh dear ! I think My LBA has upset barclaycard, received from Calders this mornimg a notice of formal demand for full payment of the balance outstanding to be received no later than the 9th sept., or else a local debt collector will calls to collect the full amount, CRA's also being informed to place a record of the formal demand on my credit file :eek:.

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In fact, as they are being stroppy and acting unlawfully, get your claim in next week.

 

If they start bleating, tell them you will show the judge the letter from them that you received today.

 

Mention this letter in your POCs.

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In fact, as they are being stroppy and acting unlawfully, get your claim in next week.

 

If they start bleating, tell them you will show the judge the letter from them that you received today.

 

Mention this letter in your POCs.

 

Think its time to start putting all the info together

 

5 copies of T&C's but no agreement

letter stating a legal reason why I need my agreement (bleedin' well got one now :D )

 

countless pretty blue envelopes from both Mercers & Calders stating a doorstep visit (but never turn up)

 

late & overlimit charges applied while in dispute

 

letter confirming mis selling ppi

 

and that Calder letter

 

boy am I gonna be busy ;):)

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