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    • I attach the N244 AND Letter and the defendants letter below in order as I complete each step   Thank you I will send these via email to the Court after 13.00hrs cag N244.pdf
    • Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.   I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.   So with the application N244 completed as above for £7700 plus costs and interest I will attache my daughters letter as detailed under Sec 19 (2.1) Defendants letter giving no objections    I will send this by email tonight after I have finished work
    • 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! 
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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?
       
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      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. 
       
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      • 3 replies
    • 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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send This By Recorded Delivery

 

 

your Name

Address

Direct Legal And Collections

Trading As Hillesden Securities

Chicken Farm

Facenda Avenue

Care Of

Kentucky Fried Chicken Private Joke That, Look Up Who Dlc Own

Date

Your Ref

i Do Not Acknowledge This Account To You Or Any Other Company

 

 

Account In Dispute

 

 

 

Dear Cretin

On Xyz Your Company Contacted My With Reference To An Alleged Debt.

On Xyz I Contacted Direct Legal And Collections With A Request For A Copy Of The Alleged Agreement With The One Pound Fee Sent Recorded Delivery.

On Xyz You Sent Me What You Reported To Be The Consumer Credit Agreement (copy Enclosed)

As You Can No Doubt See That This Alleged Agreement Falls Short Of What Is Required.

The Agreement Must Be Legible. Until You Provide A Legible Agreement, This Account Remains In Dispute.

If You Are Of The Opinion That This Is Not The Case, Then I Will Have No Alternative To Escalate The Matter To The Office Of Fair Trading, Trading Standards, And The Financial Ombudsman Service.

I Also Require From Direct Legal And Collections A Copy Of The Notice Of Assignment, A Copy Of The Default Notice, And A Full Statement Of Account.

If You Are Of The Opinion That You Are Not The Creditor, Then I Will Have No Option But To Cease All Contact With Your Company.

Being That You Have No Legal Authority To Request Payment.

If You Maintain That You Are In fact The Creditor With Full Rights And Duties, I Expect You To Supply All The Documentation Requested And Not For Myself To Contact The Alleged Original Creditor.

This Account As Stated Is Now In Official Dispute And As Such Unenforceable In Law Until Compliance. I Expect All Collection Activity, Including Demands For Payment By Letter Or Telephone To Cease Forthwith.

Failing This Will Be An Offence Under The Consumer Protection From Unfair Trading Regulations And Will Be Reported To The Authorities.

I Require A Response To This Letter With In Fourteen Days Of Receipt With Your Intentions To Resolve This Dispute.

I Would Appreciate Your Diligence In This Matter,

I Look Forward To Hearing From You In Writing

Yours Faithfully

 

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Just to add here, I have the same issue with DLC, and they started by sending me the 'we've requested said information from the creditor and will get back to you as and when...and suspended the account. That was 5 months ago, they sent me a similar letter every 3 weeks for a while and now that has stopped.

 

In regards to the entry on my credit file, it was duplicated by both the lender and Hillsden, I wrote to the CRA with a view to having the entries removed, the original creditor was contacted by the CRA and they stated that their entry could remain on file. Hillsden stated that they updated their files monthly and that the entry was to stay. Now that the account is suspended I have a mind to write to both the cra and Hillsden with a view to the file being removed.

 

If it's suspended they should not be 'processing' my data ?

I reside in Dawlish Warren but am not a rabbit.

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well the debt exists but the dca cant enforce

 

tell dlc/hillesden to foxtrot Oscar

 

the arrangement fee has been included in the amount of credit, not the total amount of credit so you are paying interest on it

 

it needs to be kept separate as its a charge for credit

 

this is a no no

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Is there reference to that online somewhere? I ask because in the case of a mortgage they can add the arragnement fee to the mortgage, why would an arrangement fee for loan under a different name (other than mortgage )be any different?

 

 

 

well the debt exists but the dca cant enforce

 

tell dlc/hillesden to foxtrot Oscar

 

the arrangement fee has been included in the amount of credit, not the total amount of credit so you are paying interest on it

 

it needs to be kept separate as its a charge for credit

 

this is a no no

I reside in Dawlish Warren but am not a rabbit.

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I've gone all dizzy now, an interesting read if you can work through the babble but that was 2003, and given that mortgage deals are currently offering the 'arrangement fee' inclusive of the sum lent then it may be that the law has since been updated or a case precedent set?

 

Either that or all the mortgages with these arrangement fees contained with in them are unenforceable?

 

Thanks for that though, I've saved that link.

 

 

this gives the judgement in english

 

One Crown Office Row - Case

I reside in Dawlish Warren but am not a rabbit.

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remember

 

this is for agreements covered by the cca

 

mortages are not as they are for agreements above 25000

 

in this case i would wait a few days for more comments but ejstowell

 

ITS YOUR LUCKY DAY

 

DLC CAN BOG OFF

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your name

address

etc

etc

direct legal and collections

etc

etc

etc

 

date

 

your ref

 

 

I DO NOT ACKNOWLEDGE THIS DEBT TO YOU OR ANY OTHER COMPANY,

 

 

 

DEAR SIR/MADAM

 

FURTHER TO MY LETTER SENT TO YOU ON XYZ (COPY ENCLOSED) BY RECORDED DELIVERY

 

I MUST INFORM YOU THAT AFTER HAVING AN AUDIT DONE ON THE CREDIT AGREEMENT SENT TO MYSELF BY DLC, I MUST INFORM YOU THAT THE ALLEGED AGREEMENT IS IN FACT UNENFORCEABLE IN LAW FOR THE REASONS STATED.

 

THE RELEVANT CASE JUDGEMENT IS WILSON V FIRST COUNTY TRUST.

 

I CAN SUPPLY THE JUDGEMENT IF REQUIRED BUT A QUICK GOGGLE WILL GIVE YOU INSTANT RESULTS.

 

THAT CASE, AS WELL AS THIS AGREEMENT DEALS WITH APPLICATION/ARRANGEMENT FEES, BE IT THE AMOUNT OF CREDIT WAS MISSTATED.

 

THE AGREEMENT YOU SENT MYSELF CLEARLY STATES ARRANGEMENT FEE OF £100 ADDED TO THE AMOUNT OF CREDIT, THUS PAYING INTEREST ON THE ACCEPTANCE FEE.

 

THIS FEE IN FACT SHOULD BE INCLUDED IN THE TOTAL AMOUNT OF CREDIT WHICH THIS AGREEMENT SEEMS TO BE LACKING, IN FACT IT IS LACKING A HEADING AMOUNT OF CREDIT WHICH IN ITS SELF IS A PRESCRIBED TERM.

THAT ON ITS OWN, A COURT IS PROHIBITED FROM DOING AN ENFORCEMENT ORDER LET ALONE THE WILSON JUDGEMENT.

 

I REQUIRE A FINAL RESPONSE TO THIS MATTER FROM YOU AND THAT THIS ACCOUNT WILL NOW BE CLOSED AND RETURNED BACK TO YOUR CLIENT.

NOW THAT I HAVE INFORMED YOU ON THIS MATTER, ANY FUTURE THREATS OF COLLECTION AND COURT ACTION WILL BE REPORTED TO THE RELEVANT AUTHORITIES AS WELL AS A COURT IF REQUIRED.

 

I AWAIT YOUR RESPONSE

 

YOURS FAITHFULLY .

 

SEND RECORDED DELIVERY

Edited by postggj
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And Ejetowell

 

You Were Going To Pay A Company 1200 Quid For That Info

 

Glad You Have Been Educated And Pass The Cag Word

 

When You Get The Surender Letter, Make A Small Donation To Cag To HelP Others

 

Does Not Matter If Its A Quid Or A Million,

It All Helps

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  • 2 weeks later...

Argh! I had a letter today from Hillesden. Enclosed was an enlarged copy of the agreement I posted and a letter stating:

 

Thankyou for your letters dated November 2 and 4. (Referring to the request for info and the second letter regarding the charges)

Hillesden Securities Ltd are happy to rely on the enclosed documents in any future proceedings in relation to the construction of the agreement and legibility of the documents.

 

Please take this as our final reponse on this matter.

 

What do I do now?

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Ill Do Another Letter For You To Send These Cretins

 

It Will Say

 

Put Up Or Shut Up And Take Me To Court Or Bog Off

 

Ill Quote The Addmin Of Justice Act And Protection Of Harrasment Act

 

Lets Call There Bluff

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