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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
    • It follows a public backlash after stores were told they could not sell items such as clothes. View the full article
    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
    • Sian Williams from Indonesia takes us through her week during the coronavirus pandemic. View the full article
    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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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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Hi

I'm new to the forum and I'm in a real mess. I took out unsecured loans with Egg (10k), Barclays(15k) and Alliance and Leicester(10k) MBNA credit card (2k) Barclays overdraft (2k). Egg and Barclays loans were taken out before 2007. I was under a haze of anti-depressants and made really stupid choices. All my fault at the end of the day. So here I am now avoiding letters and phone calls from debt collection agencies. I wrote to Alliance and Leicester and Barclays 3 weeks ago and lied saying I was getting help with my debts and could I have 30 days cooling off period I also wrote to them and gave them a new address. I wanted a change of address so they dont have my home address. My main concern is if I get taken to court and CCJ is passed am I at risk of losing my house. The mortgage is in both our names but the debts are all unsecured and in my name only. Any help would be appreciated.

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Ok, they are unsecured, they cannot take your house.

 

Write to each of the companies with this letter, (apart from the Barclay's overdraft which isn't covered by a CCA) send them unsigned, by recorded delivery and with a £1 postal order in each. You are asking for a copy of the Consumer Credit Agreement, which they need to produce within 12+2 working days of your request or the debts become unenforcable until they do produce one.

 

The second part of the letter is basically telling them to stop harrassing you.

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

 

Re:

 

 

Dear Sir,

 

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

 

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of the credit agreement should be received within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

 

I look forward to your reply.

  • Haha 2

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Send them the above letter remember it is for the dca to prove you owe a debt not for you to prove that you dont. and if it ever went to court the judge would only order you to repay what you could afford and aslong as you pay said anount there is fu*k all more a dca can do ie they can not send round bailiffs or take money off your wages.

Edited by dcakiller
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Thank you for such a quick reply. I'm going to Devon for a few days, just to clear my head and then hopefully when I return can take things full on. This is the first place that has made sense. Wish I had found you guys sooner. Now I'm just going to ignore the text messages from MBNA and have a nice cup of tea.

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Just another thought. I had payment protection insurance - I have always been employed full time. Why was I sold this I haven't had any benefit from it. In fact MBNA got back in repayment more than the loan amount in payment protection

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Thank you for such a quick reply. I'm going to Devon for a few days, just to clear my head and then hopefully when I return can take things full on. This is the first place that has made sense. Wish I had found you guys sooner. Now I'm just going to ignore the text messages from MBNA and have a nice cup of tea.

 

Get the letters sent asap. It will make you feel a million times better.

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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  • 2 weeks later...

Hi everyone

Got back from Devon and got struck down with the lurgy! Just about resurfacing today. On the 27th received a text from MBNA saying contact us before 5pm for some v important info. I also had a letter from dca saying your case is being considered for legal action since then havent heard a peep out of them. What are they up to? Cant even be ill be without worrying about what going to happen next. Seems to be taking over my life. Doc just put me on anti-depressants for stress. Just wish it would all go away or at leat give me a break for a year so I can sort myself out.

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