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    • Hi caggers, OH got a vanquis card, defaulted and made a last payment in July 2015. Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that). They did send her a CCA and breakdown of spends. The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there. I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900. So I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold. They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs. They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request. Am I correct in thinking the CCA has to be legible and that this is grounds for the AID? I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure. Thanks PM
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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?
       
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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.
       
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credit account management


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please can you help i recieved a letter this morning of which says---

as you will be aware from previous correspondence (of which there has been none) this debt has been assigned to phoenix recoveries (uk)limited s.a.r.i. acting in the name and on behalf of its compartment''''sdfs recoveries'' and we are the agents appointed to manage the debt on their behalf.

Under the consumer credit act 1974 you are entitled to recieve an annual statement showing transactions on the account and the details are set out on the accompanying statement.

 

Thats about the gist of it any way

the ammount is for £251.00

the accompanying statement states-------------

 

Annual statement for the period 1 october2008-30 september 2009

opening balance £251.74

closing balance £251.74

that is the statement but the point is i dont know anything about this money apparently it was from shop direct abound which ive never heard of i remarried 3 years ago and havent used that name since which was my maiden name the letter was sent from:---

Credit Account Mannagement Ltd

Po Box 669

Waybridge Surrey

KT13 3FJ

WOULD BE VERY GRATE FUL IF YOU CAN ADVISE ME WHAT TO DO i am really worried it was quite a shock when i got the letter i am disabled and cant pay this type of money and dont see why i should. thank you paula

Edited by paula5650
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Under the CCA 2006, fully implemented 1 October 2008, statements have to be sent out yearly.

 

DCA's are sending these out en masse because if they do not, then they cannot enforce the alleged debt.

 

However, the DCA's appear to be sending these out to all and sundry, irrespective of whether they are sending them to the correct person!

 

Sounds like they are on a phishing trip and if the statement does not relate to you, send it back marked; not known here.

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2 threads merged and duplicates tidyied

Always happy to help where I can!

:lol:

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Dear sir/madam

as per paula 5650 as above my father in law has exactly the same letter, word for word. exception of the amount. his amount is £765..86.

 

as per your information you gave to paula5650 i am going to send the letter back to the collection agent.

 

my father in law has never used any form of credit in his life and is not likely too.

 

please can you advise further my friend.

 

many thanks

 

benharris

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Dear sir/madam

as per paula 5650 as above my father in law has exactly the same letter, word for word. exception of the amount. his amount is £765..86.

 

as per your information you gave to paula5650 i am going to send the letter back to the collection agent.

 

my father in law has never used any form of credit in his life and is not likely too.

 

please can you advise further my friend.

 

many thanks

 

benharris

 

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

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  • 2 weeks later...

I hope you can advise me furtheri have recieved a letter back this morning after writing to Shop Direct Finance Company Limited for a copy of the credit agreement signed by me and what the money they say i owe is for, i sent them a £1.00 cheque with it. how ever this is the reply i got:-

we refer to a recent request for a copy of your agreement.

Unfortunately we are unable to locate a copy of an executed agreement,but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records,the account was opened on 11/04/2005. You agreed to make payments every 28 days.

The outstanding balance £251.74. Our records show that £0.00 in payments have been made within the last 12 months. If a third party is acting for you, please pass a copy of this letterto your representative.

ther is no name, no dates no nothing on this agreement it says it is a fixed loan agreement regulated by the consumer credit act 1974, could you please advise me what i shoud do now thankyou

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No CCA = No payment = they cannot take any enforcement action against you. 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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hi my wife recieved a letter from these people in the post two weeks ago, we thought it was strange because it had Ms instead of Mrs. but in her first name. i sent them a CCA letter today i got a reply. it had an agreement of sorts, name at the top, (not wifes.) all the job,bank,residential and credit card status. the agreement was in a name that i do know, but i am not at liberty to divulge it to anybody. the letter in with the CCA is in my wifes name, the agreement in another. i have e-mailed them but they are busy and will endeavour to reply within 10 days. i sent anothere-mail telling them they have till the end of the week. i will let you know what happens. bigpaddy

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hi my wife recieved a letter from these people in the post two weeks ago, we thought it was strange because it had Ms instead of Mrs. but in her first name. i sent them a CCA letter today i got a reply. it had an agreement of sorts, name at the top, (not wifes.) all the job,bank,residential and credit card status. the agreement was in a name that i do know, but i am not at liberty to divulge it to anybody. the letter in with the CCA is in my wifes name, the agreement in another. i have e-mailed them but they are busy and will endeavour to reply within 10 days. i sent anothere-mail telling them they have till the end of the week. i will let you know what happens. bigpaddy

 

Make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx they are in breach of the Data Protection Act.

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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17 Port & Maritime Regiment RCT

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