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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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paying token payments on unenforceable loan - what course of action?


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My OH took out a loan of £8,000 with a major bank early 2004. He made regular payments every month. In October [whilst he was not working] he requested a top up on the 1st loan of another £4,000 - this was done over the phone. He was totally honest and explained to the bank person that he was currently unemployed but that he was expecting to start a new job in a week or 2. He was told that was fine and the money was in our bank account within a day or so.

 

After a couple of years [sorry not exactly sure of the time scale] he was once again made redundant and claiming JSA, this meant he could no longer afford the repayments so the account went into arrears. A while later a DCA began phoning badgering him for payments. I think they were acting on behalf of the bank as we've never a NA or anything to suggest the debt was sold. Amazingly they agreed to accept £10 a month and this has been paid regularly each month without fail.

 

He also had a credit card with the same lender but the balance of this was paid in full in 2003 well before the loan [and top-up] was taken out.

 

 

So...

  • Does the fact it was 7 years ago stop him claiming the charges back on the CC?

There was PPI on the loan, on the CCA [which we have - the actual original] it shows as a separate figure of almost £5,000 for the PPI- I'm not sure if this sum would be the total PPI that would have been paid by the time the loan was all paid for or something else, as when this figure is added to the amount borrowed, they equal the 'total amount' but there's no mention of the total repayable i.e. nowhere does it say how much it would be with interest added - only a percentage rate for the interest.

 

As I said above, we have the original CCA, for the initial loan and the top-up. I have run both of them through the 'checker software' on a website that allows you to check your loan agreement - I can't vouch for the site's authenticity - BUT..... on the initial CCA it found 5 breaches, on the top-up 7!! So it looks like we have a case to class it as an unenforceable debt!:-o

 

 

 

What should I do now?

  • Try to reclaim any charges on the credit card/PPI on the loan?
  • Send them a SAR?
  • Is there a case of any misconduct on the bank's behalf for topping the loan up while OH was not working - and after he told them as much? And could it be written off for that reason?
  • Use the fact that their CCA is unenforceable and offer a full & final?

I'm really not sure what should be the next move, so your advice, oh wise caggers!;)

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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Have you actually sent a CCA Request to either OC or DCA?

 

It does not matter that you have the original, file it away and 'forget' about it, they are required by law to send you a copy of an original that may or may not be in their possession. This should be send to whoever is dealing with the account now, probably a DCA.

 

When this is received you can remove all personal and identifying details and post on here for the experts to give opinion as to its' enforceability.

 

You can send the SAR to OC in which they should include a copy of the Agreement together with the other information you require with regards to the PPI.

 

CCA allows 12 + 2 days for them to send and then the account is in dispute until they do.

 

SAR takes 40 days.

 

Other questions will be answered by people with more experience than I on PPI etc.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks for replying harrassed, no, no CCA request has been sent. Our concern is that sending the CCA request and or SAR might result in them [DCA or OC] to re-examine the situation and decide to take some further action i.e. try to increase monthly payments or take court action, thus opening a can of worms we'd rather rather stayed closed.

 

Also wouldn't it be preferable to try to claim back any charges that were incurred on the credit card first as wouldn't that be harder to do once we start shouting 'unenforceable' at them regarding the loan?

 

Is there any way of getting the original CCA's that we have checked for enforceability - before we do anything, at least then we have a 'safety net' so to speak?

 

Have you actually sent a CCA Request to either OC or DCA?.

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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Scan them and post them up removing personal details

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Why didn't you make a claim under the PPI? It sounds as though you had a perfectly good case.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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No scanner, but I've photographed them [one's only a photocopy so it's not great quality] I'll post a link once I've taken all personal details out.

 

Scan them and post them up removing personal details

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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We fully intend to. It's just a case of doing things in the right order so as not to jeopardise ourselves with the token payments in the mean time.

 

Why didn't you make a claim under the PPI? It sounds as though you had a perfectly good case.

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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  • 2 weeks later...

If we manage to claim the PPI back, I'm guessing they'll deduct it from the outstanding balance that's owed them, rather than refund us?

 

Why didn't you make a claim under the PPI? It sounds as though you had a perfectly good case.

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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If we manage to claim the PPI back, I'm guessing they'll deduct it from the outstanding balance that's owed them, rather than refund us?

 

:confused:Why didn't you use the PPI you had in place to make the monthly payments whilst your other half was out of work after being made redundant?

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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rather sickeningly, we only discovered recently [when finding some old loan related paperwork] that he HAD cover, they [the lender] never even suggested he claimed on the PPI when he explained the reason he couldn't make the monthly payments! But hey, I'm sure they wouldv'e found some way of wriggling out of paying anyway!

 

:confused:Why didn't you use the PPI you had in place to make the monthly payments whilst your other half was out of work after being made redundant?

"Someday a real rain will come and wash all this **** off the streets" - Travis Bickle

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