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.
       
        • 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!
        • Thanks
        • Like

M&S, debt collection, going round in circles


Please note that this topic has not had any new posts for the last 4030 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

Hi all, letter received with the following from a debt collectors with the following paragraphs....

 

"The Ministry of Justice and the OFT have recently issued a consumer alert, warning people of the risks of being mislead over the enforceability of consumer credit agreements. We therefore strongly recommend you now seek legal advice if you intend to rely any further on the alleged breach of any of the acts that govern this account, pertaining to your liability to our client, as your current understanding is inaccurate. We confirm that a copy of this letter and previous correspondence will be made available to the courts and all governing bodies upon their request.

 

In the circumstances, we will not be entering into further protracted correspondence and request the you remit your proposals for settlement of this debt within 5 days from the date of this letter, together with a payment on account. Failure to do so will lead to further action being taken for recover of the above amount, as per our client's instructions."

 

Now I have written to M&S asking for the CCA via CPR 31.16 as I keep being threatened with legal action, even though the FOS have confirmed that they are now looking into this for me. M&S have only sent one side of an application form for a CCA agreement with no prescribed terms.

 

Any ideas of a good retort?

Thanks Reader

Link to post
Share on other sites

Just a load of officious sounding bow larks, just carry on doing what you were doing.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Don't know if my reply will be of any help, but all I can say is that you should tread carefully with M&S and their debt collectors. Myself and a colleague have both fallen foul of them and they are very nasty. When other creditors were prepared to listen and help, M&S pushed us aside like we were nothing. Their attitude seemed to be 'because we can'. My colleague even had an agreement to pay X amount each month, which had been done through a financial organisation, and yet M&S still hounded her with letters and phone calls demanding she pay more. When they started calling her at work, the boss stepped in and told them that if they rang her at work again she would get the sack!!

 

Forget that nice, friendly outward face of M&S, behind the scenes they would kill their grandmothers rather than come to an agreement.

 

I suppose what I am trying to say here is please be careful with them and make sure that everything you have against them is watertight.

Link to post
Share on other sites

Hi thanks for your replies, it is just one side of an application form they have sent with none of the prescribed terms within the four corners of the agreement, which I think seems to be pretty standard from what I have gathered.

 

Currently the FOS are looking into this and as I told them we are struggling with money at the moment, an adjudicator who specialises with hardship cases will be looking into this for me. M&S have continually hounded me regarding this even though they know the FOS are involved.

 

Even via CPR they have ignored my request.

 

Not sure how to proceed with this one..

 

Thanks Reader

Link to post
Share on other sites

Definately sounds like M&S haven't changed since my dealings with them and still think they can stamp all over everyone like the school bully.

 

I'm sure there must be a letter on here somewhere that you can send them, even if it means adapting it a little. I suspect the harrassment one might be the best so that you can point out that you will only deal with them in writing via the people who are acting on your behalf (remember to include who they are, reference numbers and addresses so that M&S cannot say they don't know who you are talking about!)

 

It is at least a place to start, but I'm sure other caggers will have further advice and info that will help you.

Link to post
Share on other sites

whichever way they wrap it up in fancy words no cca means just that no agreement=no payments, have you sent them the account in dispute letter along with the harrasment letter.? if not do it now

Link to post
Share on other sites

"The Ministry of Justice and the OFT have recently issued a consumer alert, warning people of the risks of being mislead over the enforceability of consumer credit agreements.

 

Did anyone else hear about this "consumer alert" from the MOJ & OFT? :-o

Errrrrr no :rolleyes:

Link to post
Share on other sites

If the industry think this will change anything then they've got another thing comming.

It only takes someone to appeal the decision, have it overturned & then the cat will be back amongst the pigeons.

As far as im concerned..its business as usual ;)

Link to post
Share on other sites

Mr Justice Flaux ruled: “Although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”.

 

Mr Justice Flaux is still saying that the CCA renders it UNENFORCABLE.

This high court decision has simply created yet more problems for both sides & done very little to clarify the whole thing.:rolleyes:

Link to post
Share on other sites
Mr Justice Flaux ruled: “Although the Consumer Credit Act may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist”.

 

Mr Justice Flaux is still saying that the CCA renders it UNENFORCABLE.

This high court decision has simply created yet more problems for both sides & done very little to clarify the whole thing.:rolleyes:

It gets better

The case was referred to the Commercial Court with a view to define and clarify the meaning of enforcement in the context of the Consumer Credit Act.

 

Law firm Eversheds said the case succeeded in doing so and it will be "invaluable" to all lenders now dealing with challenges to the enforceability of agreements.

 

The court decided that bringing legal proceeding is only a step taken with a view to enforcement and not actually enforcement. Consequently, steps taken before proceedings start, including demanding payment and threatening legal action, cannot be enforcement.

 

The court also found that demanding payment, issuing a default notice, threatening legal action and bringing legal proceedings did not constitute enforcement either.

Chris Busby, partner at Eversheds, said: "The decision undermines the practice of panel solicitors at claims management companies selling their services based on identifying unenforceable credit agreements. CMCs should now be warning customers that running these arguments and ceasing repayment of loans will have an adverse impact on credit ratings."

 

Claims management firm Cartel Client Review, which was not involved in the RBS case, called on the Ministry of Justice to review how claims management companies are regulated.

 

Carl Wright, chief executive of Cartel, said: "I believe the MoJ should hold a joint consultation with leading financial claims management companies to agree a set of standards that can be implemented across the industry to protect and better inform consumers."

So they can threaten enforcement but cannot actually carry out enforcement:eek:

Link to post
Share on other sites

So now what will happen is that the newspapers will report what has happened & make out that the consumer has been defeated & everyone now suddenly has to pay up :rolleyes:

Anyway..i believe a new "UK supreme court" has been set up recently - so it will be interesting to find out how they would rule :D

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...