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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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    • 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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After cleaning up my Credit files, and getting DEBT FREE!!!!

 

I finally working on my last adverse data entry......

 

Which involves a next catalogue account, which was passed onto Cabot, I never recieved a default notice for this, and Cabot said they didnt have one and requested one of next, and they didnt have one.

 

Anyway to cut a long story short, after debating legal action, and talking to the CRA's and other places have finally recieved a default notice from next, despite them informing me they only keep a computer note of when a default was issued.......any way below is a copy of the default notice, which they say are within prescribed terms.

 

My Points are as follows, can this be in prescribed term if you look at the date it is a open date in october 2006, now this could be the 1st of october or the 31st October, now if it is the 31st then with posting etc how can i have 14 days to recitfy the situation assuming that i recieved the said notice in the first place.

 

What are your thoughts, do i just leave it, or fight it, it will drop off in late 2012, but in the meantime this is the only adverse data that is stopping me from getting a vanquish card, or capital one card.

 

nextdefaultnotice.th.jpg

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Hi,

 

Some confusion here as that is not a default notice. In my opinion, it is just another threat-o-gram.

The absence of dates make no difference.

Have you SAR'd Next?

 

If not, I would do so and make sure they send you screenshots of your account history. In there might be the evidence that they didn't default you

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This came with a letter from the

 

"GROUP DATA PROTECTION MANAGER | LEGAL DEPARTMENT"

 

 

In it they state this is my Default Notice, and that it contains all prescribed terms.."

 

This is the letter they sent with it:

 

nextletter.th.jpg

Edited by SmudgeonmyCredit
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That is not by any stretch of the imagination a 'Default Notice', it is incorrectly formatted & doesn't contain the required terms giving you time to remedy etc.,. :rolleyes:

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Anthrax alert at debt collectors caused by box of doughnuts

 

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OH DEAR :D

 

If the legal department say that is a DN and it's legit, I don't hold out much for them if they tried that on in court

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Just attached the letter they sent with it, they have also given a email address for any queries i may have regarding this matter.

 

The bill is paid, and up to date, but want to get default removed, cause i know i never recieved one, and this is hampering my ability to get any form of credit.

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That letter is misleading, totally and utterly.

 

I think it is quite important you SAR them as if the screenshots show a DN issued on 22nd October and they maintain that the "DN" that you posted above is compliant then they didn't default you.

 

I would have a word with consumer direct and get trading standards on to this. I would report them to the OFT although they won't help you and if you haven't started the formal complaints procedure with Next, do so.

If you are asked to deal with any matter via private message, PLEASE report it.

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Have started formal complaints procedure against Cabot, Next, and also formally disputed data with CRA's

 

Then letter of complaint went to the CEO of Next who passed this this onto the guy in legal who said that this is my default notice, and as in the letter they have computer generated prove that the default notice was issued in october

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You could make a complaint to the ico enclosing copies of those letters, emphasizing that the DN is defective therefore they are processing incorrect data on your credit file.

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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I have contacted ICO regarding this, and they are sending complaint forms through post, how precise do i have to be in wording things, as i am not the greatest in explaining myself through written media.

 

What i dont want to do is waste peoples time, if this is all indeed correct, and everyone like cras cabot and next are saying it is, which s why i have come here to find out e definitive answer before i take it further

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My advice would be to look around the forum for default notices and you will see how yours differs from others.

 

I will have a look too and post you some links.

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Have had a look and decided to make a complaint to the ICO, just found that they take complaints online, well via email, and have downloaded the form.

 

Should i also complain to next and give them chance to recitify the matter, would i be required to do that by the ICO?

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Here is one to look at although this one is invalid. what it does do is to show how a compliant DN should look. Doesn't matter that it's from a different company as all DN's have to follow a set script.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222528-marbles-yet-again-2.html#post2595902

 

As you will see, it looks nothing like yours

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Have had a look and decided to make a complaint to the ICO, just found that they take complaints online, well via email, and have downloaded the form.

 

Good

 

Should i also complain to next and give them chance to recitify the matter, would i be required to do that by the ICO?

 

Yes complain

 

Highly unlikely they will rectify unless forced so it is in your best interest to complain to Next

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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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

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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I don't know of any specific letters but if you get a LARGE cup of whatever and have a read of this thread. It is very informative and will give you some ideas of what to write>

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

If you are asked to deal with any matter via private message, PLEASE report it.

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Well, have written a letter to send to Next Legal Department, with a complaint about the default notice and asked for it to be formally investigated again, also filled out the online form for ico, and going to email it to them later, hopefully have explained myself clearly, but will read them again later when i got a clear head, to make sure its all clear and easy to understand.

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Help with court/set aside-next cat *** WON STRUCK OUT *** (multipage.gif1 2 3 4 5 ... Last Page)

guzzleguts

 

Hi SC

 

Have a look at my thread, next sent me a DN but it was just a threat letter and i had it struck out at court, and they had to pay my costs.

 

I would of thought that next may have got their act together regarding DN's but obviously not, what Muppet's:D

 

Regards

 

GG

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Help with court/set aside-next cat *** WON STRUCK OUT *** (multipage.gif1 2 3 4 5 ... Last Page)

guzzleguts

 

Hi SC

 

Have a look at my thread, next sent me a DN but it was just a threat letter and i had it struck out at court, and they had to pay my costs.

 

I would of thought that next may have got their act together regarding DN's but obviously not, what Muppet's:D

 

Regards

 

GG

 

But is that not to do with a CCJ, which i havent got, i just want to remove the default from my credit file

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I was only stating my thread to compare poor DN's, not cases.

 

If you want to get a default removed you have a long hard road ahead, you might want to have a look at PT's (site team) thread on next.

 

Good luck

 

GG

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Well, Strange one really just recieved call fom Next t say they recieved my email and letter, and that they will be sending a letter out explaining the default notice, so by the sounds of it they are still sdamant the dcument is in fact a legal default notice.

 

So my next step will be to await the ICO outcome of looking into the matter, and then decide where to go from there.

 

Have spoken to a solicitor about this who said I should get it overturned, but i know that i couldnt afford to pay for a solicitor to get nvolved, and know almost zero about law and how to go about taking this further, so will be hoping for some better news off the ICO, depending on how ong they take to look and deal with a case

Edited by SmudgeonmyCredit
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well reply from next via email as follows:

 

I have now had the opportunity to review the correspondence relating to your complaint and in particular have reviewed the legal basis on which your debt has been recorded with the credit reference agencies

 

You believe that we should remove the default recoded against you as we have not been able to provide an exact copy of the Notice of Default that was supplied to you and that the initial notice supplied did not comply with the requirements set out under the Consumer Credit Act. I disagree with your assertion as to the contents of the notice however this is not a relevent consideration in the recording of the debt with a credit reference agency. Sections 87 and 88 apply where certain enforcement action is to be taken. This expressly does not include recording a default with a credit reference agency. The High Court has ruled that recording a debt with a credit reference agency does not amount to enforcement action.

 

The relevent provisions are contained in the guidance given by the Office of the Information Commissioner on the recording of defaults by lenders, in particular sections 32 and 33. They state that it is strongly recommended that a" notice of intention to record a default" be served before a default is recorded with the credit reference agency. This notice of intention is explicitly not required to be a formal notice under section 87 of the Consumer Credit Act. Any defect with regard to a notice in terms that legislation can have no bearing on whether it was legitimate to record the default. The form and content of the Default notice would be a point of argument were the matter of enforcement to be debated in court on a claim for enforcement. It is not.

 

The position of the Information Commissioner is that the customer be put on notice of the lenders intention to record a default. This has occurred in this case therefore we remain of the view that we have legitimately recorded the fact that you have not paid us.

 

Please be advised that this is our final response in this matter. Should you wish to pursue the matter through the regulatory authorities that is entirely your prerogative

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Are Next now going back on what the wrote in the letter that this was my default notice? as they now mention Initial Notice?

 

So if the Initial Notice was sent in October, and gave me 14 days, and they say the default Notice was sent in October too, then what does that mean for me?

Edited by SmudgeonmyCredit
space bar not working all time, went back to include some, lol
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