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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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Triton Credit insisting on increased repayments on very old debt


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Back in 1994 I had a bank account with Natwest on which I had an overdraft, I got into a bit of trouble financially & the bank asked me to take out a consolidation loan which I did.

 

Unfortunately a couple of months after I took this loan out I was made redundant & could not afford the repayments. I wrote to the bak several times asking them to freeze the interest until I returned to work but they refused and kept on adding interest, eventually the debt was transferred to their debt recovery department & in June 1996 I started to make small repayments of £20 a month they finally froze the interest in June 1997 by which time the debt was £6867.81,(I had managed to pay £260 since June 1996) I then started to pay £30.00 a month until the begining of 2000 when I asked for an up to date statement of account and some further information regarding the interest charged.

 

They stated that they we unable to locate a copy of the loan agreement form at that time but they had recreated my position and they said I had borrowed £3582 at a rate of 29.5% (I can't recall how much the loan was for) - I resumed payments & increased them to £35 & then £40 a couple of years ago but have always refused to increase the payments further.

 

This week I have received a letter from Triton Credit Services stating the balance is now £2232.81 and they want either full repayments or a substantial increase in the level of repayments or they will instruct solicitors who will get a charging order/inhibition against assests or a bankcruptcy order but I have not missed a single payment in 8 years.

 

Now the loan was taken out in my maiden name which is how they still address the letters but I do own a house (with a small mortgage) in my own right in my married name.

 

I don't really want to increase the repayments by much as if they had frozen the interest when asked I would have cleared the debt some time ago. What is the best approach to take with this?

 

Thanks in advance for any help

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Tell TCS to get lost..they have no legal powers to dictate what you must pay - report them to the OFT & trading standards.

Charging orders can easily be set aside & are nothing to worry about unless you actually sell the house.

You have the power to say what you will pay & when, so if thats a £1 per month then thats what they must accept or else go to a county court.

I would consider reporting Nat West to the FO as well ;)

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Ask Tinitron for a copy of the credit agreement. You already know the bank don't have one but if you ask formally and when they cannot send one you can place the account in dispute and don't have to pay another penny.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter "N". Enclose a £1 postal order, print, don't sign your name, and send by recorded delivery so you have proof of receipt.

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Ask Tinitron for a copy of the credit agreement. You already know the bank don't have one but if you ask formally and when they cannot send one you can place the account in dispute and don't have to pay another penny.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter "N". Enclose a £1 postal order, print, don't sign your name, and send by recorded delivery so you have proof of receipt.

 

should I sign it with my maiden name as that is what they have used

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If they are communicating in your maiden name then use that, the less they know about your business the better.

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should I sign it with my maiden name as that is what they have used

 

 

Print it dont sign it :-)

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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i would love to hear how this one pans out... it will teach them not to be gready as you were paying the unenforcable debt off happily but when they dont supply the credit agreement bang stop paying.

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Sheer greed from triton credit services goes along with their heavy handed tactics

 

don't worry about there solicitors, Green & Co another fictitious solicitors firm which doesn't exist if you get letter from them, check the envelope it would of come from triton credit services

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  • 2 weeks later...

I have today received a letter from them it does not acknowledge my request for a copy of the agreement instead it is a standard letter basically saying "we are pleased to have come to a temporary agreement with you and wish to confirm the terms of the arrangment to cover the next 6 payments"

 

what should my next move be?

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You might as well shoot off the 'In Dispute' letter at them;

 

Account In Dispute

 

Ref:

 

 

 

Dear Sir/Madam

 

 

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 21 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

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They are in default of your CCA request. Tell them that no further payment will be forthcoming until they fulfill their duties under the CCA 1974 to provide you with a true copy of a properly executed agreement - and send that to their complaints department at the address you have for them, adding that you have sent a copy of their first letter to the Office of Fair Trading as it made threats of legal action which is unlikely to take place. If you haven't already done so, send a copy of the first letter to the OFT.

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Is that 12 working days or just 12 days I sent the letter on the 24th April - their letter is dated 29th April - they have send be a "bank statement" showing the last 6 months worth of payments

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It's 12 working days so by the time they receive it their time will be up anyway. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

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they have send be a "bank statement" showing the last 6 months worth of payments

 

That's thoughtful of them, you can now see how much they have been screwing you for over a six month period.

 

Triton are a joke.

 

When your request times out, Account in Dispute letter and stop paying them.

 

David

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That's thoughtful of them, you can now see how much they have been screwing you for over a six month period.

 

Triton are a joke.

 

When your request times out, Account in Dispute letter and stop paying them.

 

David

 

I've noticed one the bottom of the statement it actually says "Do Not Send"

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An update - I didn't get a chance to do the letter suggested this week as I've been up to my eyes & this morning I've received a letter from NatWest saying they can't find the loan agreement and although they appreciate they won't be able to enforce repayments the loan remains valid and any continuing defaults will be reported to Credit Reference Agencies (I will scan a copy of the letter on Monday) - is my course of action the same - send the letter above & stop any repayments

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Right - attached is the Letter I've received from Natwest (hope the copy is ok)

Do I send the Account is Dispute letter and stop payments

 

 

That's what I would do.

 

Make sure you keep that letter.

 

For "misfiled", read lost. That letter in response to you request would cause very severe problems for them should they try to "recreate", (as they put it), the agreement in the future.

 

David

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They live in a dream world all of their very own. In one paragraph the admit they cannot take further enforcement action, then in the last paragraph they state that if you don't contact them recovery action may recommence. :rolleyes:

 

2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT;

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

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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Goodbye to them - put your feet up and have a nice cup of tea. Remember to report them to the OFT for pursuing you for an alleged debt that had no agreement - it will benefit everyone, especially those who haven't yet found CAG.

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