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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • 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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Unenforceability Cases on hold until further notice


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Magic mushrooms more like!

 

Head is spinning from reading so much on here, have some knowledge but not legalities and it's becoming addictive, helpful, but still addictive!

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Consumer Credit Act 1974

17. The Consumer Credit Act 1974 F23 is amended as follows.

Annotations:

F23

1974 c.39.

18. Section 46 (false or misleading advertisements) shall cease to have effect.

19. In section 77 (duty to give information to debtor under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

21. In section 79 (duty to give hirer information), in subsection (3), omit paragraph (b) and the “and” preceding it.

22. In section 85 (duty on issue of new credit tokens), in subsection (2), omit paragraph (b) and the “and” preceding it.

23. In section 97 (duty to give information), in subsection (3), omit paragraph (b) and the “and” preceding it.

24. In section 103 (termination statements)—

(a)

omit subsection (5), and

(b)

at the end insert—

"(6) A breach of the duty imposed by subsection (1) is actionable as a breach of statutory duty.".

25. In section 107 (duty to give information to surety under fixed-sum credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.

26. In section 108 (duty to give information to surety under running-account credit agreement), in subsection (4), omit paragraph (b) and the “and” preceding it.

27. In section 109 (duty to give information to surety under consumer hire agreement), in subsection (3), omit paragraph (b) and the “and” preceding it.

28. In section 110 (duty to give information to debtor or hirer), in subsection (3), omit paragraph (b) and the “and” preceding it.

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Wow what lot of hot air so late at night don't you guys go to bed...lol ...a little more reading I would suggest for some of these posters and maybe start with this...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/154013-not-offence-after-12-a.html

 

and maybe understand the link between the Act and Statatory Instruments (SI)

 

Consumer Credit Act Statutory Instrument

S 61,62,63,64,65 --- Consumer Credit (Agreements) Regulations 1983 S.I 1983/1553 Schedule 1 & Schedule 6

 

s.77 &78 ----- Consumer Credit (Agreements) Regulations 1983 or S.I 1983/1553 General requirements as to form and content of copy documents SI 1983/1557

 

s.87, 98-100 ---- Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations. Consumer Credit (Enforcement, Default and Termination Notices)

(Amendment) Regulations 2004 (SI 2004/3237)

 

s.127 -------- Consumer Credit (Agreements) Regulations 1983 S.I 1983/1553

Live Life-Debt Free

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After all that huffing and puffing, drawing of battle lines and general positioning - I am now somewhat confussed?

 

It is/was my understanding that the 1 month rule had been totally removed, even for pre 6th April 2007 agreements.

 

Ste I am not disputing what you have said (although the likely hood is that you are a dingle LOL) But this goes against my percieved knowledge.

 

I think clarication of this point is important

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have you got a link for this story?
No this is first hand from their legal dep . Not the bods on the phone much higher up . It seems a very large and a lender well known to this site have been very naughty when supplying info under pre action no more can be said as they need just a little more rope to hang themselves . Failed cases may be scutanized a little closer and brought to the attention of reg bodies and courts, its not RBS ? They bend the law to suit themselves believing they are above it and that conditions only apply to their customers . Edited by egg-sterminator
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It is/was my understanding that the 1 month rule had been totally removed, even for pre 6th April 2007 agreements.

 

It certainly has.

 

Guys, try and keep this thread on topic :) Thank you!

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No this is first hand from their legal dep . Not the bods on the phone much higher up . It seems a very large and a lender well known to this site have been very naughty when supplying info under pre action no more can be said as they need just a little more rope to hang themselves . Failed cases may be scutanized a little closer and brought to the attention of reg bodies and courts, its not RBS ? They bend the law to suit themselves believing they are above it and that conditions only apply to their customers .

 

excellent news, what we really need is a high profile case of the banks fudging paperwork

 

we all know on here they do it, we just need to wider public to be made aware of it aswell.

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any industry news today on these test cases?

 

also, i mentioned many times on these forums that yes most of the CMCs out there are robbbing so and so's but overall the good ones will do a lot of the legal fighting via their barristers etc to help fight our cause.

 

brunels in the case of appealing the mcguffick case with a top notch consumer law barrister is a case in point.

 

we are actually all on the same side against the real mighty evil.

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any industry news today on these test cases?

 

also, i mentioned many times on these forums that yes most of the CMCs out there are robbbing so and so's but overall the good ones will do a lot of the legal fighting via their barristers etc to help fight our cause.

 

brunels in the case of appealing the mcguffick case with a top notch consumer law barrister is a case in point.

 

we are actually all on the same side against the real mighty evil.

McGuffick is not being appealed , this is direct from the junior counsel who did the case, there is no funding nor is the case strong enough to appeal

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No this is first hand from their legal dep . Not the bods on the phone much higher up . It seems a very large and a lender well known to this site have been very naughty when supplying info under pre action no more can be said as they need just a little more rope to hang themselves . Failed cases may be scutanized a little closer and brought to the attention of reg bodies and courts, its not RBS ? They bend the law to suit themselves believing they are above it and that conditions only apply to their customers .

 

what's this all about then?

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Are you real Baggio

 

Check your post on the previous page No.1335

 

You acknowledge a post and comment on it and then later you ask what its about.

Edited by pedross
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Baggio me thinks there is alot of playing about by the other side.

 

Spotting them is another thing? it may not be the person who bought the information here, they may just be repeating it?

 

Lets see if ste comes back to me about what I said earlier?

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pedross- baggio was asking a rhetorical question.

 

pt has confirmed that there is no appeal going on, and baggio is expressing their disquiet at the apparrent disinformation from egg-sterminator.

 

(I think)

 

Hi pt, :-)

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pedross- baggio was asking a rhetorical question.

 

pt has confirmed that there is no appeal going on, and baggio is expressing their disquiet at the apparrent disinformation from egg-sterminator.

 

(I think)

 

Hi pt, :-)

 

correct.

 

i hope egg-sterminator can come back on and update us... he did seem to know what he was talking about.

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correct.

 

i hope egg-sterminator can come back on and update us... he did seem to know what he was talking about.

 

Well I can only apologise then.:oops:

 

I seem to have got drawn into the off topic 'banter' that we have had on this thread over the past 24 hours.

 

I will keep my thoughts to myself until the thread returns to normal

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Well I can only apologise then.:oops:

 

I seem to have got drawn into the off topic 'banter' that we have had on this thread over the past 24 hours.

 

I will keep my thoughts to myself until the thread returns to normal

 

no need to apologise whatsoever, we are all on the same side here.

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correct.

 

i hope egg-sterminator can come back on and update us... he did seem to know what he was talking about.

I'm not going to second guess PT its his field . I was onto Bs legal team and in conversation mentioned appealling a case wether i got my lines crossed we were talking about recent events RBS related apologies if so . We are of topic so will pm the rest of the story to somone and share with your trusted caggers if you wish . A friend and fellow cagger professorgbr i think has lots of cases with mentioned company and solicitor he has though out of field a little seems ok . Due in no small part to actions of dca.s he is now being treated for deppression and unable to cope so just accepts CCC rubbish . The ccc's as we know are great at [alledgedly] giving documents under reasonable legal requests that could win the cut and paste olympics . The CMC were having very good succes against this company when all of a sudden agrements started "to come out of the woodwork" to quote solicitor . Having seen on this site lots of info about how they misled so many . Nothing new about them lying only this time it seems more exstensive and under afidafit . So we have their alledged agreement with all the referance and conditions nicely compliant . References on agreement to important conditions which just dont corraspond and the original agreement [card carrier]and it seems not an isolated condition do we post and possibly alert them ? Willing to PM a well known cagger with stuff but right now promised my 5 yr old we could watch a film together . PS wouldnt want to upset PT to much he was having a ball with a barclay card troll,on a DN thread i think .
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