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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.
       
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      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • 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.
       
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      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.
       
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      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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Aqua Card CCA- is it enforcable?


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Hi everyone,

I opened an account with Aqua in March 2007 over the internet. We went through some financial difficulties about a year ago and I couldn't afford the repayments. I contacted Aqua and explained, sent them my income and outgoings and requested to lower my £45 per month payments to £20 per month. They replied saying the lowest they could accept was £49 per month!! At the same time they requested payslips too, at which point I adopted a "well, screw you!!!" attitude and threw it all in the back of the drawer and never made anymore contact with them. Anyway it was eventually passed to Lowells, who started getting shirty, so in Nov 2009 I sent a CCA request. Last week I received a signed copy of the credit aggreement so I just wondered if somebody in the know would mind looking it over for me?

Along with the documents I have scanned, they also sent me a 'Credit Card Agreement'. I know this cannot be the same as what I was given when I opened the account as at the top it says the agreement is between Bank of scotland plc ( Aqua is Halifax as far as I know???) and Me, at my current address ( I have moved since opening the account!!) and the date at the end of the agreement says 1/10/08. Its all a bit confusing as the letter from Lowell states the debt is to SAV Credit Ltd ( possibly a previous DCA). The part with my sig says Halifax (no mention of Aqua) and the credit card agreement says RBOS!!!

 

I have scanned the docs, but not very successfully :(

So I tried putting it in Word and have copied and pasted them (hence it all looks a bit strange!) until I can figure it out!! :)

 

Lowell

FINANCIAl

 

 

Opening Hours Mon - Fri Email Telephone Fax

 

8.00am - 5.15pm post@lowellgroup.co.uk 08453009416 08453009411

 

 

 

PO BOX 172

 

 

Leeds

LS119WS

clip_image002.jpg

22 December, 2009

Dear!

OurRef:93870317

Original Creditor: SAV Credit Limited Balance Outstanding: £1433.55

We enclose copy of your original credit agreement with SAV Credit Limited in response to your written request to us under Section 78 (1) of the Consumer Credit Act 1974. Please also find enclosed copy statements for your perusal and retention.

We would also confirm the following information as required by the above Act-

 

 

Balance payable against your account Current state of your account

 

£ 1433.55 Defaulted

 

 

We look forward to your proposals for repayment within the next twenty one days. Payment can be taken over the telephone by debit or credit card

Please call

08448444717

 

 

clip_image004.jpg

 

 

Yours sincerely

 

 

Samantha Barnard

 

Customer Services

Calls may be recorded for training and monitoring purposes.

 

 

 

Part 2:

 

 

Your Personal Details

 

aqua

 

 

Return Address: New Business, PO Box 17315, Edinburgh, EH12 1AX

Please check these details carefully. This is a summary of the information you supplied us and forms the basis of your credit card agreement. Then see the checklist below to find out what to do next.

Personal Information

 

 

Your chosen card is

AQUA CLASSIC CARD

Issued in the name of

Your Date of Birth

You have lived at the above address for

8 years 6 months

 

Your home phone number is

Your work phone number is

Not Given

Your grass annual income is

You have requested

No Repayments Cover

You have requested

No Card Care

Your personal reference number is

NCFTWM4RL3

 

 

Declaration: Data Protection and Consumer Credit Act Consent and Confirmation

It is important to read the small print on your application form and credit agreement and refer to our information leaflet on how we use your data; recently sent to you. I request that Halifax pic issue a card, pin and cheque book to me and to any person named as an authorised user. By signing trie agreement overleaf I confirm that I have received a copy of and agree to be bound by the Credit Card Conditions. I further confirm that I nave read and agree to the use of my personal information in the ways described in the information leaflet, and understand how I can choose not to receive additional information on products and services. You are authorised to share information about me and my account, Including any changes to my personal information such as previous or subsequent names, with other lenders through credit reference/fraud prevention agencies in order to make credit decisions, trace debtors and prevent fraud. All the information provided by me is true and complete and I am at least 18 years of age.

 

 

What to do next...

H Check the details above are correct and read the declaration

H Turn back to the agreement form on page 3

H Sign and date the Credit Agreement section in the right hand column on page 3

H If you have taken out any insurance cover, tick the box(es) and sign on page 3

H Return this agreement form to us in the enclosed FREEPOST envelope TODAY!

H Start enjoying the benefits of your new credit card!

 

0086743 06/06

 

 

 

 

 

for Bank Use Only. Please do not mark below this line.

 

Page tots

 

SAVNOI1405/05AQ7215

 

 

Part 3:

 

CREDIT CARD AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

 

 

1. PARTIES

Th« parties to this Agreement are Halifax pic. Trinity Road, Halifax, West Yorkshire. HXI 2RG and

I KEY FINANCIAL INFORMATION

2.1We will decide your credit limit and tell you what it is. We may change it al any time and will let

you know about any change.

2.2We win send you a monthly statement, unless there have been no payments into or out ol the

account during thai period and the balance is nil. Each month, you must repay at teas!

3.0% of the amount you owe us, or £5.00. whichever is more. B the amount you owe is less than C5.00.you must pay the lull amount. Your statement will chow the minimum you must pay and the payment date.

2.3The APR for the Agreement is a9.9V.APR (variable).

3. OTHER FINANCIAL INFORMATION

3.1ThetotalchargelorcreditisC223.?8,consis<.ingof interest. this b based on credit ol>

£1.500 being borrowed al the start of the agreement over one year at the standard interest rale lor

purchases set out in condition 3.2 below and repaid in equal monthly instalments beginning one

month after the start of the agreement.

3.2Our interest rates are as follows.

 

 

On balance

transfers, related interest and charges

On cheques, related interest

and charges

On cash advances, related interest ajx3 charges

On purchases and alother amounts

Special promotion rate per annum (fixed)

n/a

n/a

n/a

n/a

Special promotion period

n/a

n/a

n/a

n/a

Standard rate (variable)

serannum .compounded)

29.95%pa

29.S5r.ua

26. 99% pa

29.95% pa

We may apply the standard interest rate during any special promotion period to any transaction if in any month you do not make at least your minimum payment by the payment dale or if you exceed your credit limit at any time.

3.3 We calculate interest on your average daily balance and charge it to your account on each

statement dale. The interest rates shown above are calculated by compounding the interest we

charge each month over one year. The simple interest rales (not including interest being charged

on interest) are:-

Balance Transfers 2S.*8r.oer annum

Cheques 26.48y.per annum

Cashadvances 24.13%per annum

Purchases 26. W. per annum

3.4We will not charge interest on purchases shown on your current statement for up to 51 days

from the data of the purchase, if you pay the total balance shown on that statement by the payment

date (and have also paid the total balance on the previous statement by the payment date}.

Where we do charge interest on purchases, we charge it from the date of the transaction. We win

always charge you interest on cash advances from the date of the transaction and for cheques,

balance transfers and all other amounts from the date we first charge the amount to yout account.

3.5H you do not pay the total balance shown on your statement, at the date of the next statement

we will add the interest we have charged on the unpaid amount to the balance we charge interest

on. We will continue to charge interest, at our usual rates, on any unpaid balance after this

agreement has ended and both before and after we have got a court judgment. If we allow you to

miss or reduce one or more monthly payments, we will continue to charge interest on the full

amount you owe on your statement (including on the interest for that month).

3.6We use all payments you make to pay off your balance in the following order:*

t) Transactions that appear on your statement, starting with those on which we do not charge

interest, then those on which we charge interest at the lowest rate and so on up to the highest rate

of interest

2) Transactions not yet shown on your statement in the same order as above.

In this condition, "transaction* includes the amount of the purchase, cash advance, cheque or

balance transfer plus any interest, lees or insurance payment charged as a result of that

transaction. For example, a cash advance fee is included as part of a cash transaction. If a

payment is not enough to pay all transactions charged al a particular rate of interest, we will use

the payment firstly to pay oft the interest, then any fees, insurance and finally the amount ot the

purchase, cash advance, cheque or balance transfer within that interest rate band.

3.7 When we work out the APR, we do not take into account any changes to the interest rate,

charges or fees. We rnay change these and also introduce new charges and fees which may

affect the APR at any time by giving you notice under condition 12.2.

4. KEY INFORMATION

4.1 We win charge:

£12.00 each lime you do not make a minimum payment by the payment date.

£12.00 if your account balance is over your credit limit on a statement dale.

£12.00 each time a direct debit, chequeor other Hem is not paid, including acheque which you

write.

4.2 We win charge handling lees for cash advances (except gambling transactions), balance

transfers and cheques; a minimum interest charge; and when you make transactions in foreign

currency. We will also charge you if you ask foe copy statements.

The details of these charges are shown in condition 5.

 

MISSING PAYMENTS

Missing payments could have severe consequences and make obtaining credit more difficult IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements lor your protection which should have been complied with when this agreement was made. It they were not, we cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1)You can settle this agreement at any time by giving notice in writing and paying off the amount

you owe under the agreement.

2)If you received unsatisfactory goods or services paid for under this agreement, apart from any

bought with a cash loan, you may have aright to sue the supplier, us or both.

3)If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may

still be able to sue us.

If you would Ifce to know more about your rights under the Act. contact either your local Trading

Standards Department or your nearest Citizens'Advice Bureau.

THEFT. LOSS OR MISUSE OF CREDIT CARD

If your credit card is lost, stolen or misused by someone without your permission, you may have to pay up to ED of any toss to us. H it is misused with your permission you will probably be liable for ALL losses. You will not be liable to us for losses which take place after you have told us about the theft, etc as long as you confirm this in writing within seven days.

 

YOUR RIGHT TO CANCEL

 

 

Once you have signed this agreement, you wiO have a short time in which you can cancel it. Halifax pie w3l send you exact details of how and when you can do this.

This is aCredit Agreement regulated by theponsumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.^

Date of Sq natureJ

_Date o* Signature,.

Signed on behaH of Halifax pJc____________________

Conditions 1-4 above contain important information that we are required to grve by statute. The genera' credit card conditions also form part of this Agreement. By signing above you agree;-

a)that the details provided by you in your application are correct;

b)that your data may b« used as set out in the Data Protection Declaration on th« application

form; and

c)to be bound by the General Credit Card Conditions.

RECEIVED 14 MAR 2007

 

 

( I have signed and dated it but it hasn't shown up on the copy and paste)

 

Sorry about the poor reproduction but I hope someone is able to decipher it and advise me about what to do next?

 

Thanks in advance!! :)

Edited by Fishwife78
to remove personal details
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Bump:)

 

Can anyone help me at all? Although I have signed the agreement, they have not signed or dated their box, although there is a stamp at the bottom of the page saying 'Received- 14 Mar 2007' Does this count as a signiture on their behalf?

 

Also underneath the signature box it states that the above is important information that they are required to give by statute but also that the 'General Credit Card Conditions' form part of this agreement. The ream of paper they sent with the cca appear to be the general terms and conditions but they are not the originals because

a) They contain my current address (I lived at a different address when I opened the account, which is listed on the signature page)

b) they are date 2008 at the end.

 

Can anyone tell me if this agreement is enforceable? Please Help!!

 

Many thanks in advance! :)

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more than likely is the answer.

 

Did they send a Default Notice?

 

Your choice now is really dependant on your current credit record.

 

either negotiate to pay it off

or

go on the offensive against them

or wait for them to take you to court then you defend and well the outcome would depend on a lot of things, but generally worst case scenario is that you end up paying what you can afford each month with a court order so you keep to it and they go away.

Best case is that they don't have all the paperwork or that they have done something else really silly and the court laughs at them and tells them to go away and not come back.

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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