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    • No real update as such I ordered another 5550 via the sales route (24/9) after finally getting a quote to agree (£400 more than the original but with technical arranging a cashback of the difference). Got it earlier than the estimated date and instantly knew it would be another off the shelf product = same trackpad issue.  New builds take a couple of more weeks to get to me for obvious reasons. Sure enough, it had it too along with a couple of other issues so it was boxed up within minutes of opening.   They picked this up last week and have refunded it.  In the meantime, the new build via technical with the FIXED part has moved yet again to now the end of November (4th time the date has moved?)   I decided to give them another option of an on-site repair with another new purchase to speed things up but leaving the new replacement option open too should there be other faults on the new purchase.  They agreed, but the quotes were beyond ridiculous and beyond the cashback/refund allowance they were giving me (15%)   From the last purchase a few weeks ago, the quote went up 17.43% with the wrong cpu,  19.82% with the right cpu but wrong screen and finally a whopping 44.16% to the original cost with all the spec being correct citing "promotional offers in June July meant it was cheaper" despite the previous one being only 12% more in September.   So we are now back to just one single route which is the technical route replacement when they have the part in stock - this is at the end of November supposedly.  I still have the option of a full refund of the original cost back in July from now until sign-off on the new machine or if the new machine fails to materialise.   The way I see it with this option is I am essentially using the machine for free until they pull their finger out or until I find a better alternative which I am exploring on a daily basis because a the end of it, I either get a brand new working replacement that is fit for purpose or I get a refund after using it for several months.    
    • Thanks uncleB   One other question: Can a mortgagee in possession refuse to sell? And instead rent?   Or do they have legal obligation to sell? The property has been taken off-line and hasn't been marketed for last 2 months.  
    • It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.
    • Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed. I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that. It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract. I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world
    • *Update* turns out Capquest bought the debt from Phoenix Recoveries. We now have a reference number for our solicitor to use. 
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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.
       
        • Thanks
      • 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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CapOne DCA CCA 2nd letter


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I CCA'd cap one some time ago and they just sent some terms and conditions leaflet. I replied with a letter saying that i disputed the debt and that they were in default of my request. I was paying them £50 a month at the time as a 6 month agreement with them. The account is already in default from 2005 and they keep putting 'D' or '8' on my credit file every month pretty much depending on which CRA I look at. When i put the account in dispute i stopped paying. They kept hassling. I kept asking for CCA. They kept saying they already had. Pay us they said. Blow me said I. Then they pass this on to CSL credit solutions limited. They say they will take me to court. They say they are going to knock on my door. I worry. But only until i am reassured from the Caggers here. I CCA request the DCA. They send me what i now know is a signed application form and another set of terms and conditions. I have seen several of exactly the same forms on here. I have been really busy at work and as such have let things slip and not followed this up....yet. Its been just over a month now and i havent heard anything from the DCA since. I am now going to send them this response. Could someone please check it for me? I sent the CCA request to the DCA 06/07/09 so 12+2 days is 20/07/09. Plus 30 days is 20/08/09. Is this timeframe right and if dont receive a true enforceable agreement by then i can make a complaint put notice of correction on the CRA etc?

Many thanks.

Slick244

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Reminder for request for copy of alleged credit agreement under Section 77/78 of the Consumer Credit Act 1974

 

I wrote to you on the 6th July 2009 requesting a true copy of any alleged signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

 

Under the above Act, a creditor has 12 working days to supply this document to the debtor. The deadline expired on 20th July 2009. Thus far I have received an application form and a copy of current terms and conditions. This means that you are currently in default of my request.

 

To clarify, just sending the Application form and Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this case in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered. These are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

 

And more importantly

 

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations there under as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

 

This includes, but is not limited to, the following:

  • You may not demand any payment on this alleged account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to this account.
  • You may not pass this alleged account to any third party.
  • You may not register any information in respect of this alleged account with any of the credit reference agencies.
  • You may not issue a default notice related to this account.

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

You have one calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by 21st August 2009.

 

If you do not have any signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary.

 

I look forward to your swift response.

 

Yours faithfully

 

 

 

 

 

 

 

 

Copy to file.

 

 

 

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