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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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Please Help. I Don't Know What To Do!


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My Northern Rock loan has got passed on to Eversheds Solicitors (are they really solicitors though) and I am so distressed about the situation!! I don't know who to turn to...

 

I had a letter from Eversheds saying they wanted the full amount of the loan (£7900) by 2nd April. Everytime they rang about it I got a dead-line. Which immediately made me think they're not trustworthy. To confirm this when they rang on Friday it went something like...

 

"Hello is that Carly? [as in me!]"

"Who is this?"

"Tell me if this is Carly and then I'll tell you who I am"

"Urm, I think you must have the wrong number"

"are you sure about that?"

"Yes"

"yeah right" and then they put the phone down.

 

They have just rang me this morning and this time there was actually someone on the end of the line. They explained who they were and asked if I could make a payment. I explained to them that I couldn't and that I was currently in the process of setting up a Debt Management Plan. They kept going on and on saying how they were solicitors but that Northern Rock still own the debt as it's still at a "pre-legal" stage. I ended up crying down the phone at them as I really don't deal well with confrontation/stressful situations.

 

I asked them if they could stop ringing the landline as it's my parent's line, I gave them my mobile number instead but the person I was speaking to said "if we can't get you on your new number we will go back to ringing the old one".

 

They kept on and on at me to make some sort of payment, but I can't. I literally have no money. All I have is the £18 in my purse. I'm currently unemployed and I only started claiming JSA on 18th March, however due to a backlog I still haven't received any money.

 

My question is should I ring Northern Rock about all this seeing as I've been told they still own the debt? I am so worried right now and I can't stop crying. They really have frightened me and I just don't know what to do.

 

Please Help. I'm very distressed & confused!

Edited by duesbury_girl
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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

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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There is this template letter to ask them to stop calling you:

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/131250-dca-creditor-harassment-telephone.html

 

That would be a start.

 

When they called you did they go through security questions?

 

I have decided that I will not talk to debt collection agencies on the phone as it puts me in a weaker position than them - and I get emotional (read angry) when they don't listen to me.

 

So, I don't answer their security questions and just tell them that everything must be done in writing. If I have to tell them more than once I hang up. (Mostly, though, I just ignore their calls).

 

Since reading this part of the forum I have felt much more in control of my situation. Do spend some time reading around - I'm sure you will feel better about your situation, too.

 

Regards,

 

Mike

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Hi duesbury girl. Take a deep breath and try to calm down a little. It is all scare tactics by them to make you crack and get cash out of you. Just do as cerberusalert has stated and IF they continue to phone refuse to answer their security questions due to the data protection act.

 

I know its scary at the min but you will soon learn how pathetic these lot are and you will be able to fight them

 

Chin up :)

 

Sploits :p

<----------- If I have helped in any way please click on my scales :p

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I delt with northern rock/evershesd on behalf of my partner a couple of years ago by sending a CCA request.

 

We have still not heard a peep from eversheds.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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Are you able to explain the situation to your parents? You are been harassed by a company regarding a loan which they want back in full immediately, even though the loan is due to run for years and the harassment is unlawful. They are on behalf on Northern Rock and are unscrupulous and abusive and you are getting advice on how to deal with them. But they may ring to cause trouble and they are just to put the phone down on them. Most parents would understand this sort of explanation.

 

Tell them you don't want them to do anything other than put the phone down if this DCA ring.

 

What you haven't got they can't have. Until your JSA is sorted out you have nothing. Explore your options and send the letter above to make sure they have the authority to collect any money.

 

And just shout if you have any worries or panics- we all do. But we have got lots of mutual support and advice here which will help you get through this difficult time. See if you can get a crisis loan for living expenses while you are waiting for your claim to be processed. You need food to eat and money to look for a job.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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GOOD MORNING AND WELCOME

 

GOLDEN RULES

 

1 DO NOT SPEAK TO THEM ON THE PHONE

 

2 EVERYTHING IN WRITHING

 

3 ANYTHING YOU ARE NOT SURE ABOUT PLEASE SHOUT

 

4 ONE STEP AT A TIME

 

Please carry on with cerberusalert post and we will see what we have

 

the very best regards lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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It's not a good idea to phone Northern Rock - they will just tell you Eversheds is now dealing with it. Don't speak to Eversheds on the phone again - ever. They will only do what they have just done, bully and threaten you. Eversheds have no power to do anything to you whatsoever - only a court can tell you what to pay. Think of the worst case scenario. You don't pay Eversheds, they take you to court, the court decide how much you can pay - £1 a week - then you go off home for tea. What is scary about that? Now get the CCA request off as advised. If Eversheds start harrassing by phone, there is a harrassment letter you can us to stop them.

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thankyou all so very much for the advice, it really is a big help. I'm going to try and talk to my parent's about it tonight. they have been very good to me and are letting me live back at theirs whilst im job-hunting etc. I just don't want to stress them out. I think what's distressing me the most is the word "solicitors". I have googled them and realise now it's just a scare tactic. Still, it doesn't stop it from being scary Lol. I did say to them if I could afford to pay something I would, but it still wasn't good enough.

 

On the upside I have just received a letter asking me to atten a job interview next week. Every cloud has a silver lining eh? :)

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Hi - Good news on the Interview front and good luck.

 

As all have said before me, you have taken a huge step forward by coming on here. As is already starting to happen, you are getting loads of good, sound advice.

 

I have a daughter a little older than you, I suspect and she hid similar experiences from me for a while until she could not take it any more. Once she told me, I did not judge, (been in the same position many times myself), but it did make me spring into action on her behalf. So, you will, I hope find that talk to your parents will bring a huge relief. It is not you at fault, but the people who are unlawfully persuing you. Whilst we can all take some responsibility for our actions, sometimes, especially in todays' financial climate, we cannot in any way be held responsible for the positions we find our selves in.

 

JSA, I know, can take weeks to come through, and as has been suggested, you could apply for a crisis loan (for yourself, nothing towards debts etc.).

 

You have already been advised of the course of action to take. I just wanted to give you a boost to your confidence and to re-confirm that you will find all the help and support you need on this site.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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