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    • I'm trying to understand the whole story.   However it would help if you would identify the companies you have been dealing with
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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.
       
      • 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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HBOS AA Credit CArd Debt - PPI/Charges reclaimed - now have SD issued


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Ive just missed my first card payment in years and since thursday ive had approx 15 calls, i answered the first one and explained to the guy i have sent them a letter explaining my circumstances (made redundant and asking if i could make lower payments etc).

When they ring me now i either ignore it or tell them to contact me by letter only. Tomorrow i am sending them a CCA request, and if the calls carry on i will be sending them an harassment letter.

Have i done the right thing?

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Absolutely!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Absolutely!

 

thanks, i will post up the replys for scrutiny, but im guessing the AA/RBS are on the ball when it comes to these matters.

In the meantime do i send them a "token" payment?.

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Absolutely!

 

but im guessing the AA/RBS are on the ball when it comes to these matters.

 

:D:D

 

In the meantime do i send them a "token" payment?.

 

Yes, give them 12+2 days to supply your CCA & then write & put the account in dispute if they haven't supplied it. You can stop payments at that stage but be aware that in doing so, they may go on to instigate legal action against you & you will have to defend - which of course, with no CCA, you will be able to do absolutely.

 

FG

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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After just 1 letter and 1 phone call Northern rock agreed i had been misold my policy and will be returning my money and 8% (£1100) by friday:)

 

Its come just at the right time too because im broke.

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What a nice result weeblewobble.

 

Well done:D

 

Its come just at the right time too because im broke.

 

That's two of us;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Excellent news weeble :D

 

Makes it a whole lot better when it comes at the right time too.

 

Regards

 

PF

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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  • 2 weeks later...

I recently sent off my cca request to AA and today i got my monthly statement and noticed that £1.00 had been deducted from the account. As we have not made a recent payment to them i can only presume they have used the postal order sent for my cca request and used it on the account.

 

Surely they shouldnt have done this as it specifically states on the cca request letter that it should be used for my cca request and nothing else.

 

Any advice what to do now please.

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No they shouldn't have used it to pay on the account. I think you need to write to them and make them aware that whilst they have credited the account they were instructed to use that for a copy of the CCA which they are/maybe late with supplying.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I sent off my cca request on 6/5/09 and today i receiced this letter and what appears to be a freshly printed copy of an agreement, no signatures, and looks nothing like an "original" agreement.

Am i missing something here, or are they correct in what they say in the letter?

I have only scanned the letter, not the agreement.

ccascan.jpg

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Having just spent 2 hours trawling through the site i have come to 2 conclusions....

1: lenders are within their rights to send out copies of cca requests, just like the one i received this morning, im guessing they are getting wise to sending out "originals" as they could be posted on forums such as this and have holes picked in them.

2: its up to me to decide whether or not they can produce the "original" should the courts be involved.

 

The more i read up on cca requests the more confused i become:confused:

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I sent of a cca request to RBS (aa credit card) on 6/5/09 and recieved this.

ccascan.jpg

I have only scanned the main letter, the rest of it is just a freshly printed copy of the terms etc, no signatures.

I know this is a duplicate post (posted in the RBS section) but i have had no response, so posted here because i need to know what to do next:confused:

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Have a look at why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

 

why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement - The Consumer Forums

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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ok thats fair enough, but why do the letter templates that im sure everyone sends out havent been amended. Its seems a bit conflicting to people like me who dont know much about the system:confused:

 

Also in the letter i received it states that they will no longer be entering into any more corespondence with regards to my agreement, so what can i do now? Do i send off a new cca request or will they just ignore it and then i can put the account in dispute.

 

Thanks for replying though:)

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Hi

 

Are you able to post your credit agreement, as I also requested my CCA, and received the reply you sent. I also recieved a signed copy of duty of care check list, a seperate sheet highlighting the Terms and Conditions, with a different style of signature as to the duty of care check list. And a sheet highlighting financial information, which is hand written and looks recent in comparison to the other two sheets.

 

I know I have gone on a bit, have a look at what I have posted, under search type in Khadzay it shoud all be there

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In the vast majority of cases a CCA will suffice & creditors will in fact supply an unedited copy of an agreement, with those that don't you have to ask yourself whether they in fact have a copy anyway & a belt and braces approach is to send a SAR first & if you still are not satisfied as a final resort use the CPR. But you have to be prepared to follow it through to court if they still fail to provide the information you require.

 

The CPU is a powerful weapon if used properly, but it is not to be used lightly.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Could i just send this letter back to them and see what happens?

 

Dear Sir or Madam

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

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

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. This deadline has now passed & I have not received the requested documents from you.

 

I am sure you are aware that an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

 

  • You may not demand any payment on this 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 account to any third party.
  • You may not register any information in respect of this account with any of the credit reference agencies.
  • You may not issue a default notice related to this account.

or should i send off this letter?

 

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed.Additionally i require the underwriting sheet or other document showing any commissions paid to you by the broker or by you to the broker

 

(If you have any other reasons why you need the agreement such as misselling of PPI Add it here)

 

obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document.

 

I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and wouyld ask for a response by 4pm on XXXX Date ( Give 21 days to respond)

 

Regards

 

or do i just fire off a subject access request, which is what i think you are suggesting.

 

and thanks once again, your time really is appreciated:)

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Try the top one first, then if you get no joy send the second.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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what they say about being able to omit signatures etc is true. ignore the bit about them not entering further correspondence. when did you apply for the card? Can you post the agreement they sent?

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Ive had the card approx 5 years, i have posted up what they sent me.... but i think my scanner is on the fritz so apologies if they are not full sheets:oops:

001.jpg

002.jpg

003.jpg

004.jpg

005.jpg

006.jpg

007.jpg

008.jpg

009.jpg

010.jpg

011.jpg

012.jpg

013.jpg

014.jpg

Edited by weeblewobble
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  • 3 weeks later...

Good morning:)

We applied for an AA loan in 2002, and as matter of course they also sent out credit card applications, so we had two of those as well. But after getting into difficulties etc we requested the cca agreement.

I have just received my aa credit card cca request, i have had a good look at it, but to be honest im not really sure what im looking for even though i have read through other threads.

Could someone please tell me if its correct or not, also please note that in part 2 additional cardholders we applied for his and hers cards, but the other agreement for the second card has also arrived and the date of agreement is 9/5/07, but this may be another issue.

Anyway here is the letter and agreement.

001-1.jpg

002-1.jpg

003-1.jpg

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edited

Edited by cerberusalert

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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