Jump to content

  • Tweets

  • Posts

  • Our picks

    • 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
      • 49 replies
    • 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.
       
      • 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!
        • Thanks
        • Like

Grumpy's son - NatWest CC


Please note that this topic has not had any new posts for the last 1707 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I want to put this to bed for son

 

Thinking of (him) offering to make payments provided that they remove all defaults & adverse comments on his CRA file. Might need to remind them that he will be repaying a gift ... and they can't register a default on a gift with a CRA (ha might not have had a default note anyway)

 

I think that he could probably manage £1 per month

 

Grumpy

Link to post
Share on other sites
  • 4 weeks later...
  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Well, Nasty west have confirmed that my totally illegible application form was in response to mt s77-79 request. Apparently it forms part of the credit agreement.

 

Naturally I will be writing back to ask for a legible copy and the remainder of the credit agreement as well as reminding them that the account remains in dispute until they have fulfilled their obligations.

Link to post
Share on other sites

Here's the exact regs you need:

 

Consumer Credit (Cancellation Notices and Copies of Documents)

Regulations 1983 (SI 1983/1557)

 

Quote:

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

Courtesy of pt2537

  • Haha 1

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites
  • 3 weeks later...

After a letter reminding NastyWest that they haven't supplied a valid CCA, they replied saying that if I send £1 they will have 12 days to supply it. Well we agree there but they are thinking that they will get another £1 & restart the clock.:confused:

 

Letter on its way to remind them that the clock is at 7 months and running and they can forget about being paid again.

 

I also took the opportunity to suggest they get their facts right before writing next time. Had to do that with their last letter so I suggested that they use their recent letters for an internal training course on 'how not to reply to customers'. Might have been a bit OTT but somebody's got to remind them that their standards have slipped a bit too much.:D

Link to post
Share on other sites
  • 2 months later...
  • 9 months later...

I want to get closure on NatWest

 

Well my son does actually

 

He sent a CCA request for a NatWest credit card

 

NW used the loophole in the CCA regs to recreate his agreement & he received:

 

  • a card carrier
  • a copy of terms & conditions without front & back cover, alleged to be current at the time the card was taken out
  • an illegible application form
  • current t & c

NW have confirmed that the application form is part of his credit agreement & that the card carrier is the agreement. The card carrier has terms that contradict those in the booklet.

I understand that because they have confirmed that is his CCA, they wont be able to use the actual agreement if it is materially different in any enforcement action (which it must be)

 

I have suggested that because the Credit agreement is incorrect, demanding money based on that satisfying the CCA request is fraudulent.

 

Triton are currently chasing (well, they haven't said they aren't yet, but they are very quiet)

 

With all of that going for him, I was considering a DPA notice for Triton to not process his data & NW to not give his data to any other organisation on the basis that a DCA can have no legitimate right to process if NW is not able to ask for payment due to their non-compliance with the CCA request & the fraudulent nature of their claim.

 

I am sure that they will write back telling him to get lost because they have a right to process because the debt exists, but I was thinking of what next.

 

If he went for a DPA enforcement action, would NW / Triton have to prove that they did have the right to collect (and would they get away with the card carrier or would it have to be the original) or would he have to prove that they didn't have the right to collect - which would be difficult because NW could say they have the credit agreement and it is enforceable, they just haven't produced it because they don't have to.

 

Any ideas?

 

I was thinking that if this worked, it might be an easier way to getting an agreement declared unenforceable than challenging the document directly - because if he lost, all they would win is the right to process

Link to post
Share on other sites
  • 6 years later...

Fidelite have written to my son about "re-establishing contact with NatWest".

 

 

They threatened to send one of their goons round if he didn't contact Nasty within 3 working days.

Their "contact manager" would be around between 4 & 19 days from the date of the letter.

 

Given that they sent the letter by arthritic snail (not even 2nd class),

4 days (doesn't say 4 working days) was up before the letter arrived.

 

I didn't have a problem telling the ex-snot to go forth,

but I feel that their letter is deliberately confusing with 4 days vs 3 working days

, and they say that they work mon-sat, so it is unclear whether they include sat in their working days.

 

 

I think that they deliberately use the arthritic snail for delivery so that time is up before delivery too.

 

If I complain to the FoS, they will just redirect the complaint against Nasty.

 

 

I need some advice on how to make a complaint against fidelite stick.

Link to post
Share on other sites

pers i'd be stopping letter tennis now.

 

 

the days of sending silly letters are long gone.

 

 

sit on your hands

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

I started a new thread - at least I thought i had

 

Same bank, different meat, same gravy - this is now his bank account (overdraft) and they have just asked for payment

 

Fiidelite have gone forth and multiplied, now I want to register my dis-satisfaction with them - without it being rolled up against NastyWest

 

I know that Nasty are ultimately responsible, but if complaints go against the bank, how will these ever get what they deserve?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...