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    • When it comes to animals my heart is just shallow. Sorry to hear that.
    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
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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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Me against them v's MBNA Credit Card


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Just received another letter from MBNA offering a higher partial settlement figure for the MBNA account and for the Abbey account they own.

 

Just waiting for the default notices to land on my door mat! Hopefully they'll mess it up!

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  • 4 weeks later...

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

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Can you upload a copy for investigation.

 

 

I am very interested in your case. You appear to have sent off for your CCA around the same time as I did. It has taken months for them to find my naff version which I have told them is unenforceable. I have received threats but not things are very quiet. Just waiting form my DN to drop throuh the door.

 

Can anyone also confirm. Once an account is in dispute the card company is not supposed to apply interest and charges, therefore the amount outstanding, if I am correct is not that which they claim is it??? THe cc will try to keep reapplying interest to the balance and default charges but surely they are not applicable. Can anyone confirm??

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Can anyone confirm if this account could be sold to a DCA if I paid the short settlement account?

 

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

 

Please scan it in and post it up so we can see it. Remove anything that will identify you.

 

As far as I am aware a DN asks for arrears not the full amount. That would be a formal demand.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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I see they have said that paragraph 8f gives them the right to send this to you..... however I can see no paragraph 8f in the document you have been provided with....

 

 

 

 

 

 

Spoke to soon, CCA has arrived. It must have an online application. The CCA has very little spefic information. My current T&C's also came with the CCA but there wasn't any original T&C's provided? can any give me any advice on the enforceability of this CCA.

 

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Thanks

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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All you need is the Termination Notice for the hat-trick.

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Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

 

Please make sure you keep the UKMail envelope the Default Notice was posted in. ;)

 

Have a read of this BRW post on Default Notices --

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

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Just dug out a copy of my most recent T&C's which came with my CCA request. There is a paragraph 8f which states:

 

Subject to sending you any notice required, you, or your legal representatives, must immediately pay your whole balance (icluding all interest and charges and fees due).

 

Does this make any diiference? as I have not signed for these T&C's!

 

Can you explain why do you think the CCA is duff?

 

I have the envelope filed, thanks! It has UK Mail express parcels & mail (S postage paid GB, C9 10022.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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so, do I understand this right according the BRW, by demanding the full balance they have actually served a termination notice????

 

 

So faulty DN and Termination Notice in one go.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hey like the new avator Cerb

 

I thought I'd add some colour. :D

Anthrax alert at debt collectors caused by box of doughnuts

 

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"If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed."

 

and if this is so then they are not entitled to claim monies back????

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give you the claimant, a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

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.

 

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so can I ask the question once again.... arrears. When an account is in dispute, the originator should not apply charges or interest, but they still insist on doing so and sending out statements. So if you have missed say 4 or 5 payments whilst the account is in dispute they will claim the arrears are X (X being the minimum payment plus interest and defaut charges and over limit charges etc), when in fact because of the above they shouldnot charge the interest or default charges or over limit charges, so infact the arrears are just the minimum payment due??

 

Not that it really matters when they have c**ked up the DN and Termination Notice on an already naff CCA. But I just wanted to get the formalities clear in my head.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Wow, thanks Cerb, someone has had their 3 shreddies this morning I can see!!! ;)

 

 

I'm almost ready now for when they send me mine.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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I had six shredded wheat, shreddies are too small. Besides I'm a greedy devil. ;)

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.

 

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  • 2 years later...

Its been a while since I last posted as I have not needed much advice or support over the 18 months. I get the occasional threatening letter but seen it all before.

 

However I was very suprised when I checked my Credit File today and found that MBNA updated my credit file with my account as being Settled in Jan 2012. My file now shows a Default / Delinquant Balance of the original defaulted, approx £4.5k. The current balance shows as £0.00 (ZERO!). All missed payments have also been removed, with exception of one defualt on July 2009!

 

This is very strange! Has anyone else witness this?

 

Have they wrote it off!?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Yes, they will have sold the debt to a debt collection agency. In order to do this they must set the a/c to zero otherwise when the new owner starts to update your file if will show as two debts.

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I see! Yes you are correct, I've just noticed the new DCA on my Credit Report!

 

Arrow Global Ltd now own it and updated my file in Feb 12.

 

Does this change any with the Default Notice and Termination situation?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Does this change any with the Default Notice and Termination situation?
No, all they can do is update the original default.

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.

 

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Sorry, should have asked if by selling the account MBNA have terminated without proper DN, therefore the account is now unenforceable?

HSBC - Successfully Claimed back Charges & Interest £1265

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