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    • Thanks DX, I've read these a few times over. I'm feel like I'm pretty confident on the subject.   Do you think I should play dumb and quote the law of property act etc anyway?   The only thing I'm not sure about is the process now, I'm obviously very inexperienced in this and I'm not 100% sure what the sherrifs order is asking of me (post #53). Or maybe I don't need to do anything at all because I'm not submitting any documents as evidence?   The order is post #53 and I'm not sure what they mean by written submissions? is there a form or correct format/process for doing this?   Again, appreciate the help DX and sorry for all the Qs.  
    • Hmm, that is a challenge, my computer ability is limited to copy and paste, which I have included below. Is it very important? I can try and find out but I have the email reply and that is all, sorry   Friday, October 23, 2020 5:28:53 PM To: enquiries@idealwindowsolutions.co.uk <enquiries@idealwindowsolutions.co.uk> Subject: Order cancellation RF14127D   Dear Ideal Window Solutions,   On the 11 of June I signed a contract with you to deliver and install double glazed windows. I was promised to get it done within 8 weeks. The timing was very important to me, I made it very clear to you, and this was the main reason I chose your company. For all kind of reasons your promises did not materialised. After a number of phone calls and emails between us I have decided to cancel my contract with you. I am not prepared to wait any longer, also I have no intentions to install windows during rainy winter time.  Could you be so kind to refund me my deposit of £100 pounds. If after winter time you will get your problems with your suppliers solved please give me a call, maybe we can try again. I will need  new windows anyway. Kind regards,
    • An update - The salesman who has dealt with most of this is off on Mondays which never helps and the senior service person there who I spoke to last week is also off all week.   I got a call from a service advisor today confirming the booking but was concerned I was waiting - explained (again) the story and he understood but on his job card, only had that he had to investigate the tyres and not necessarily replace.  Someone either is not communicating or I've been told lies.  I have gone through the recording and the salesman clearly states he has gone to upper management, discussed it and we will be replacing the tyres and battery to sort everything out.   Sat nav will be resolved tomorrow and they'll be looking at the broken sun visor.  I have also emailed regarding the gearbox service - I have a good friend working at Audi servicing at another group and he had mentioned Audi should be carrying out servicing if due within 4 months or so and this was.  I raised it pre-collection a number of times and was shutdown each time with "if a service needs to be done, it will be done"   Fast forward to today when I got the job card to sign in advance, it clearly states: Date: 20/10/2020 (our pickup day) Carried out MPC & oil service Haldex Reqs gear oil service.   The Gearbox service is due at 38k and the car was sold at 35500 well within the 4k which is probably why their own systems have flagged it. Haldex I'm not sure - this seems to be every 20k I think so due in 4.5k.  Oil service I can't see how they did it as the service history we got from them (verified by another dealer) was from September.   Lets see what they say tomorrow - I have flagged it with the service advisor from today but got no response.   Ironically, the friend did mention they've had other POA buyers book their car in elsewhere only to be told various handover bits were not done - I thought it was typical dealer rivalry talk but maybe there is truth in it.  
    • The Garde Bridge Project which never took off lost £43 million of public money.
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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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      • 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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fraser card CCA received -?application form?


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Send them this;

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

 

I trust this out lines the situation

Print name do not sign

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