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    • It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos. Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose
    • @BankFodderthank you again for your reply, I really appreciate it.   I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them.    I have been sent my guitar back from the buyer and he has been refunded in full.    I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged.    Oh yes, huge lessons and I won't be putting anything of such value in the post again! 
    • Seeing as most here  hate Johnson and the Tories who do you suggest we have running the country?   I am not a fan of Johnson but nor do I like the Labour party lol,    just a general question   Sandy xx
    • Well now you know a bit better – you sell things on eBay then make it clear to your recipient that if the parcel arrives damage they should take lots of photographs before they open it and while they are opening it. Where's the guitar now? Do you have photographs of it now? Does the machine give you an opportunity to view their prohibited items list? Maybe you should go back and doublecheck. Maybe you should also go back to the machine and go through the process and see at what point it invites you to say what the item is. Either way, it could be helpful. If the machine doesn't invite you to describe the item then obviously you had no opportunity to do so. If the machine does invite you to describe the item – then clearly they knew about it and they took it anyway. As you are finding out, most of the cases on this forum – and elsewhere are to do with lost items. Hermes seems to have a particular knack of losing items – but if you have sent an item which has been properly described and properly valued and you even bought their so-called "insurance" which is designed to get you to protect them against their own negligence, then I see you have a very good basis for a claim. Keep on reading around the forum. Start reading up also on how to bring a small claim in the County Court. I'm afraid that you will almost certainly have to issue the papers.
    • Hi slick132   Thanks for the reply   I appreciate your help with the wording.  My only concern is that I really really like the spa, I wouldn't want them to agree to my gym cancelation.   I suppose that's all that I can do..    Thanks 
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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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S78 (1) and Regulation2 illegible docs


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Hi Everyone, Need a bit of advice from one of you experienced people.

 

Firstly can somebody advise me if 2007 T&C's can be used for application forms signed in 1998/1999?? I understood the T&C's were to be within the signature document and not on seperate sheets.

 

Secondly, both agreements sent by Capital one and MBNA were illegible in places in particular the small print which i would assume to be the important bits if there was any in the first place. I have written to both companies quoting Regulation 2 (legibility of notices and copy docs) and advising them they have not complied with my S78 (1) request. Each letter i have sent i have demanded a legible copy. Nothing has appeared only threatening letters from their external agents. I was advised a while ago that when an account is in dispute it could not be passed to other agents or commence litigation. Please advise:confused:

Gizmo7

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The prescribed terms must be within the four corners of the signed document, these include %APR, repayment terms & credit limit.

 

If you cannot read what they've sent they have not fullfilled your request, you are entitled to a legible copy.

 

Since you've already complained & disputed the a/c because of the illegibility of them & they are continuing to pursue make a complaint to the OFT.

debtcollectionguidance@oft.gsi.gov.uk

 

tel: 020 7211 5823

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The prescribed terms must be within the four corners of the signed document, these include %APR, repayment terms & credit limit.

 

If you cannot read what they've sent they have not fullfilled your request, you are entitled to a legible copy.

 

Since you've already complained & disputed the a/c because of the illegibility of them & they are continuing to pursue make a complaint to the OFT.

debtcollectionguidance@oft.gsi.gov.uk

 

tel: 020 7211 5823

Hi, cerberusalert, I made a complaint to the OFT and Trading stds. Trading stds advised me that credit card companies can supply seperate T&C's and up to date ones for that matter on running accounts.

If these companies decide on court action how does the Regulation 2 fair in a court. Is it a valid defence in relation to illegible docs??

Thanks Gizmo7

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Trading stds advised me that credit card companies can supply seperate T&C's

Yes they can, but to comply with the CCA 1974 the agreement must have the prescibed terms within the four corners of the signed document.

 

If these companies decide on court action how does the Regulation 2 fair in a court. Is it a valid defence in relation to illegible docs??

If they were to go to court you could bring them to 'strict proof' which means they have to provide the original agreement not a copy.

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Cerberasulert, Both these application forms were supplied with seperate terms and conditions showing things like apr etc. MBNA have sent 3 blown up copies each time i complained they got bigger but the same area's were illegible. When i mentioned the T&C's should be within the four corners of the page they sent a photocopy of the application form with the seperate T&C's on the back (double sided photocopying).

Cabot advised the capital one Application would have been legible when i signed it indicating it didn't need to be now.

Trading Standards were very negative saying they had no powers to do anything.

Gizmo7

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Cerberusalert, I forgot to mention cabot advised in a letter to me they didn't have to provide an original true copy if it no longer existed. I assume the original was shredded and this is a computer copy

Gizmo7

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I forgot to mention cabot advised in a letter to me they didn't have to provide an original true copy if it no longer existed. I assume the original was shredded and this is a computer copy

:D Oh but they do. :rolleyes:

 

If they were stupid enough to take it to court they would have to produce the original agreement, pure & simple. Without one they are stuffed you would have an absolute defence.

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Cerberusalert, Trading stds did not seem to be aware of Regulation 2. Furthermore he reconed if it went to court the Judge may rule in their favour. Whats your take on things as they stand and what further action should i take if any.

Trading stds advised me to futher contact MBNA even though they have not written to me since the start or March.

Thanks

Gizmo7

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To be honest the average joe in TS doesn't have a clue when it comes to the CCA 1974 & rather than brush up on it they'd rather not get involved.

 

A judge would not be able to rule in their favour with the absence of an enforceable CCA. As I said it's a complete defence.

 

I wouldn't bother doing anything myself, the balls firmly in their court now so you might as well wait to see what their next move is.

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The debts will be sold on to a DCA first, but in the absence of an enforceable agreement most of them will drop it like a hot potato. In the unlikely event that a DCA tried to obtain a CCJ, some of them use the Northampton Bulk Centre but when you defend it'll be transferred to your local court. Again in a lot of cases when they realise that you will defend they drop it.

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If they have sent you an inky blob as an agreement, you ask them in court to please show the court where it says in the agreement (that you allegedly signed) where the repayment terms are and what they say; where the interest rates are and what they say etc.. When their legal eagle reads out blobby, blobby, blob, blob they would tend to lose credibility IMHO.

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Hi Steve, The signature is legible its other parts that are not for example the Cap one application info under Consumer credit agreement is totally illegible. 2007 T&C's are supplied on 2 seperate sheets which show apr etc are legible but seperate from the signature doc never the less.

The MBNA one has patches of illegibility on both the application form and seperate T&C's.

Gizmo7:rolleyes:

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