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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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    • 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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Sending account to DCA whilst in dispute


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Hiya, I recently sent letters off to lloyds reclaiming bank charges and to complain about the exceptional level of telephone calls. I have recieved letters saying it has been passed to various departments (all letters are the same wording just different contact details for the various depts) now i have had a letter saying my account is being passed to a DCA! I though they couldnt do this if the account is in dispute? Needless to say i rang them up and they have placed a 14day hold on the account! Another thing, i downgraded my account from silver to normal yet am still being charged for the silver account!!!!! Again increasing my unauthorised overdraft, incurring more charges. This account is also joint with my husband and last october i asked them to change my address as we had moved. They did but all of my husbands correspondance still goes to the old address. The account is set so that we can both make changes without permission from one another and the other doesnt have to sign anything. This is a risk of DPA breach surely? As any one could b opening the letters and using the personal data?

 

Thanks in advance for any replies and help!

 

I will be sending the letter before action if i have not recieved an acceptable resoultion to my complaints by friday!!!!! They will not get away with this!!!!

 

Thanks again :D

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Hi there,

 

Do NOT speak to LTSB on the phone again unless you can record the phone call.

 

Keep everything in writing as you then have proof of what has been said, agreed etc.

 

get started on reclaiming the unfair charges.

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Emmathomas

 

Hi

 

I have written to Lloyds three time complaining of telephone harrassment whilst in defualt. Lloyds WILL continue to call. They drive me mad! I have found that if you refuse to go through security with them and say "writing only" they end the call. I think the problem is with the call centre based abroad - there is obviously nothing on the system about your request or your "no phone" preference.

 

I am now preparing to take them to court and ask for compensation.

 

cas

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If it is an Indian call centre, they tend to get a bit scared when you quote this ( courtesy of Viscount Stair ) -

 

Communications Act 2003 - Section 127

 

Improper use of public electronic communications network

 

(1) A person is guilty of an offence if he—

 

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b) causes any such message or matter to be so sent.

 

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a) sends by means of a public electronic communications network, a message that he knows to be false,

(b) causes such a message to be sent; or

© persistently makes use of a public electronic communications network.

 

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

 

 

Further, read this thread about harassment -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195020-warning-debt-collectors-their.html

 

Enjoy !

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper 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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Thanks supasnooper

 

Yes it is that call centre.

 

I will try that. I have noticed that they end the call quickly if you mention CC Act and

 

they always say "we will still call ma'm"

 

I went through a stage of answering the phone like this:

 

"Hello ACME Building Services", and when they ask for me I say "one moment please"

 

then I put the phone under a cushion until they hang up - childish I know and I soon tired of it!

 

cas:D

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you can start an action with the above vicount letter and also send a warning to lloyds that a charge of harrassment shall be brought to bear upon the directors of lloyds plc

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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Thanks for the advice, i recieved a letter from lloyds complaints dept today, it basicly says that because i signed the terms and conditions of the account when i opened it, that i agreed to the charges! they say that they think their charges are fair and that if i take them to court they will ask to put the case on hold. They also say they will not refund the intrest charged on the charges as this intrest it standard among all lenders as i had the 'benefit of borrowing the money'. I didnt borrow money i went overdrawn by £60 which has resulted in charges now totalling £300+

 

The weird thing is that they recognise i am in 'financial difficulty:sad::sad: or hardship' - im on a dmp - yet say they want to negotiate a re-payment plan.

 

Im confused now as to where i stand. What do i do? Does this mean the accounts on hold? and i have to wait for the court appeal to come through?

 

I havnt yet recieved a response to the letter i sent about the telephone calls - i used the template provided by you guys thanks.

 

Another thing - i had a silver account and downgraded this to standard as i switched banks so they couldnt take my money - yet they were still charging me the £7.95 and still are as far as i know (havnt had may statement yet) and have passed this to another department to investigate.

 

Thanks in advance

 

your help is much appreciated :D

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