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    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
    • The world of ballroom dancing went online to cope with the pandemic restrictions, but what does the future hold? View the full article
    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
    • Hello all,   I hope you can assist me, as I am quite lost and confused at the moment.   Two years ago I moved to my actual flat. Throughout this time I have been with EDF first and now EON. When I moved in, my landlord didn't quite know which one was my meter and I picked the one that I believed was mine (now reading you I know I should have done a burner test..). During this time, I have been paying my bills and submitting the numbers that I believed mine, which actually agreed with my consuming patterns.   Today, all the meters appeared with numbers, but the one next to the one that I was using, which appeared with a different flat number. As you might have guessed, none of them had my flat number. I have just made the test and it looks like that one may be mine.   Now, how should I proceed? I have been paying bills is not like I wanted to avoid paying, but clearly there has been an issue. Could you please advice me on how to proceed?   Lastly, in terms of meter serial number, the one that I was using matches my bill and I guess my neighbor bill. The additional doubt I have is, who is paying for my meter and why are they still providing me with gas if no one is paying the one that seems to be my real meter.   Many thanks!    
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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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Unenforceability Cases on hold until further notice


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You can't expect the media who get most of their income from adverts from the banks to publish the truth and wipe out their best customer.

 

That together with the fact most newspapers are losing money at the moment and probably need huge loans from the banks!

 

The best course of action is to take anything spewed forth from the murdoch machine or money websites, put it in the bog and flush!

 

I wonder if a case involving a default on an unenforceable agreement would ever make it that far anyway? The banks would probably cave in if they knew you were intending to take it all the way.

 

It comes down to the strongest and most clued up people getting their way (debts written off). The weakest who need the most protecting being put off by the media and fed upon by the machine. Business as usual.

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Daniella Lipszyc:

"She also came out in defence of borrowers: 'This is manifestly unfair. Lenders can admit that they don't have a signed agreement; and be fully aware they cannot enforce the agreement in a court of law, yet still refer the case to the credit reference agency to essentially force the customer's hand.

 

'This is no different than them sending round the bully boys – it's complete arrogance on the part of the lenders who, in many cases, hold their hands up to breaking their statutory and contractual obligations, yet still run to the credit reference agency as a means of getting payment.'

 

AC

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You can't expect the media who get most of their income from adverts from the banks to publish the truth and wipe out their best customer.

 

Don't think it's even that Ruprecht. It's basically just lazy journalism. The press get fed biased press releases by the bank/CRAs, they see an eye catching headline in it & drag out the soundbites from the release. Hey presto, another article hits the presses & the writer gets home early!

 

I wonder if a case involving a default on an unenforceable agreement would ever make it that far anyway? The banks would probably cave in if they knew you were intending to take it all the way.

 

This case wasn't about unenforceable agreements so has no relevance for them anyway. Business as usual for CAGers!!

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Whooo..they have published my comment (U-E), although they've edited half of it out.

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I have in my mind that there were some - more relevant - cases being heard on 8th Oct? did they go ahead?

 

Same. Waiting with baited breath!

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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I posted a link earlier in this thread. More test-cases on 30th November, following the Mancs cmc.

 

 

You certainly did Saddler-here it is again;

 

 

Credit Today online

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Theres an article in The Sunday Times 10/10/09 the source is the Ultimate Law. Its too small in print I will try to blow it up and post.

 

Boths sides agrred the test case personnal loan was unenforceable and the judge was asked to decide what that meant.

 

Mt Justice Flaux ruled: "Although the {Consumer Credit Act} may render the agreement unenforceable, the agreements remains a vald and subsisting contract and the rights and obligations under it continue to exist"

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Just taken from the BBC website

 

Newsnight will report on this case (a different case but still...) and the prevalence of media laws being used by large companies to restrict information on Tuesday 13 October 2009 at 10.30pm on BBC Two.

 

Gagging orders next...?

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Theres an article in The Sunday Times 10/10/09 the source is the Ultimate Law. Its too small in print I will try to blow it up and post.

 

Boths sides agrred the test case personnal loan was unenforceable and the judge was asked to decide what that meant.

 

Mt Justice Flaux ruled: "Although the {Consumer Credit Act} may render the agreement unenforceable, the agreements remains a vald and subsisting contract and the rights and obligations under it continue to exist"

 

Hi Zamtaff,

 

There is extensive discussion of the implications of this judgment here already. Go to page 43 or so and work through.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Just taken from the BBC website

 

Newsnight will report on this case (a different case but still...) and the prevalence of media laws being used by large companies to restrict information on Tuesday 13 October 2009 at 10.30pm on BBC Two.

 

Gagging orders next...?

 

which case?

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Just taken from the BBC website

 

Newsnight will report on this case (a different case but still...) and the prevalence of media laws being used by large companies to restrict information on Tuesday 13 October 2009 at 10.30pm on BBC Two.

 

Gagging orders next...?

 

This is related to a question due to be asked of the Justice Secretary in parliament later this week that the Guardian was gagged from publishing (although it is freely available via the House of Commons website). Nothing to do with CCA - more related to certain companies not paying taxes and certain companies covering up toxic waste dumps in Somalia. Ill link to further info if mods say its ok.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Yes. I should have pointed this out. I was more interested in the general thrust of Powerful lobbies manipulating the media something that we have discussed extensively on this and sister threads.

 

I am however happy for it to be removed if it is considered off topic.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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Yes. I should have pointed this out. I was more interested in the general thrust of Powerful lobbies manipulating the media something that we have discussed extensively on this and sister threads.

 

I am however happy for it to be removed if it is considered off topic.

 

Was a bit puzzled - it is a wee bit off topic! :)

 

I get what you're saying though - if they can prevent coverage of events such as these whats to stop them preventing coverage of financial news favourable to the consumer.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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we need too look at the program tonight But seems to me a contract must be signed by both parties at least and say what each side can do or benefit from. without correlation i would assume any contract is unenforcable

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The way the mcguff case was reported compared with other cases decisively in favour of the consumer on these issues seems sufficient evidence of media imbalance.

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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MBNA are trying to enforce an agreement and I have just found out the trial date is just over a month away.

The "agreement" they have sent in response to pre action disclosure is an application forms with my signature on and a completely seperate set of terms and conditions which comply with the CCA( not surprising as they were probably produced last week).

MBNA have actually confirmed in writing that they do not have the original agreement as it was copied electronically and destroyed some years ago.

They maintain however that the original document did contain these terms and conditions on the back and have produced a witness statement from one of their employees confirming their contention is correct.

Surely that can not stand up in court or do I need to get a witness statement from my girlfriend saying the terms and conditions were not on the back?

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MBNA are trying to enforce an agreement and I have just found out the trial date is just over a month away.

The "agreement" they have sent in response to pre action disclosure is an application forms with my signature on and a completely seperate set of terms and conditions which comply with the CCA( not surprising as they were probably produced last week).

MBNA have actually confirmed in writing that they do not have the original agreement as it was copied electronically and destroyed some years ago.

They maintain however that the original document did contain these terms and conditions on the back and have produced a witness statement from one of their employees confirming their contention is correct.

Surely that can not stand up in court or do I need to get a witness statement from my girlfriend saying the terms and conditions were not on the back?

 

TD, they can claim what they like but a) They should have stated the evidence they will provide is hearsay evidence and b) You can question it..

 

Read this thread.. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162535-documents-court-civil-evidence.html

 

S.

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I would request that they confirm with proof that the witness was employed by MBNA at the time the app form was scanned and micro-fiched (is that a word?). If they were not employed how do they know it was a true copy? I may be wrong, but doesn't the witness also have to have a certain standing/position for it to be reliable (not just the tea boy)? If you were with your girlfriend at the time you allegedly signed then why not:), must surely carry as much weight as the tea boys! (I dont mean the girlfriend carrying the weight :D).

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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 predict a very swift part 36 resolution. Once again it's a case of who blinks first. And believe me it won't be you. An application form? Do me a favour! Chancers.

 

(You could call the table you signed it on as a witness and still be in a stronger position than they are)

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

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MBNA are trying to enforce an agreement and I have just found out the trial date is just over a month away.

The "agreement" they have sent in response to pre action disclosure is an application forms with my signature on and a completely seperate set of terms and conditions which comply with the CCA( not surprising as they were probably produced last week).

MBNA have actually confirmed in writing that they do not have the original agreement as it was copied electronically and destroyed some years ago.

They maintain however that the original document did contain these terms and conditions on the back and have produced a witness statement from one of their employees confirming their contention is correct.

Surely that can not stand up in court or do I need to get a witness statement from my girlfriend saying the terms and conditions were not on the back?

 

surely they cannot use that old chestnut? that would be one of the biggest whitewashes ever... if that held, then that would be it for unenforceables.

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RE: MBNA

 

You can imagine some high up exec in Delaware banging his fist on his mahogany desk, certificates behind him on the wall from Harvard Business School.

 

"THOSE GOD DAMN BRITS, ALL THIS REGULATION AND BS!!"

 

Pulls his .45 from the top draw;

 

"IF THEY WERE O'HERE AND THEY DIDN'T PAY THEY'D GET SOME OF THIS UP THEIR GOD DAMN ASSES!!!"

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