Debt agency chasing my ex partner for a debt, advice welcome

[karel]

o.k Cerb, my mother has a scanner, I will go up there tomorrow and put them up, I will try and figure out how to do so, I will also put a letter up from 4 years ago from them that states 'Please fine a copy of the orignal payment schedule for your loan, unfortunatley no payments have been taken from this account, I have enclosed a new payment schedule along with a copy of your records'

 

This copy I have with all my partners bank details on a signed standing order form filled out that they sent back, why the hell they took no money out and sent it back asking us to fill another in I don't know, anyway filled the new one in and that was the last one, again nothing was taken.

 

Will try and post it all up tomorrow

 

Thanks

[cerberusalert]

Scan the documents to a jpeg file & save to 'My Documents'. Go to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & left click 'Choose', another page will open listing folders in your computer. Double left click 'My Documents' & left click the file you want to upload. Left click 'Open', the box will close then left click 'Upload Now' on the webpage. The page will refresh giving a list of options, copy the URL & paste it back here. Left click 'Post Quick Reply' & voila your file will appear "just like that" as Tommy Cooper would say.

[karel]

O.k here are the agreements/letters I wanted to place up, there in a pdf and maybe not in order, not sure what the POC was on the claim form so just added the first page, but everything is there.

 

Paul documents.pdf

 

My main questions is what is it enforcable and if so what action would you take?

 

The letter they sent back sayiny 'unfortunatly no money was taken' was the last correspondence I had with them, so why if I just refused to pay it did it take over 4 years for them to contact my ex partner again, basically adding loads of interest and costs? I could ask them to send any yment from the last 4 years and they would be able to produce nothing!

 

Why as the standing order form was filled in correctly and sent to them as shown, did they send it back with another to fill in? We filled out 4 of these forms and rang them, nothing was ever taken even though we kept filling them out.

 

So basically with all the info what would you suggest saying to them?

 

Thanks

[cerberusalert]

If this was signed at home they've omitted the 'right to cancel' under CCCA 1983 & CCA 1974.

 

I'm not too happy with the administration fee they've added either, but that's not my field so I'll ask someone to take a look for you.

 

I understood this was supposed to be an interest free loan arranged by the Council?

[postggj]

Hi Karel

 

Been Asked To Take A Look As Agreements Is My Area

 

While I Go Over The Agreement Can You Give A Condensed Version Of Your Dispute

 

Regards

[karel]

If this was signed at home they've omitted the 'right to cancel' under CCCA 1983 & CCA 1974.

 

Not sure where it was signed, I asked my ex partner and she says she can't remember but may have been in their offices.

 

I understood this was supposed to be an interest free loan arranged by the Council?

 

It was an interest free loan yes as stated on the agreement I posted up, it states interest-0%APR. Also what about the court and solcitor fees, can they add these? My ex was sent the court forms straight out, no warning, chance to sort it out, explain anything, I was told they can't add solictor fees, as it has not been to court.

 

I'm not too happy with the administration fee they've added either, but that's not my field so I'll ask someone to take a look for you.

 

Yes they do seem out of proportion and would appreciate you asking someone to look.

 

If the loan is enforcable then I will deal with that, what I wont deal with is us having to pay for their total imcompetence. Why after numerous forms were filled in did they take nothing, one form as shown was even sent back by them with all the correct details on, only to send another set of forms out? Why did they wait 4 years with no correspondence and then suddenly take the loan back on, passing it straight on to a debt agency, add interest, costs etc?

 

I just need to know what is the best way forward here, my ex can't pay a lot each month and also refuses to pay for the mess/extra charges of their own making. If anyone can give me an idea of what to send them to move this forward I would be very grateful as I know nothing about the legal side of this and don't want to make a mistake.

 

 

Thanks for any further help

[cerberusalert]

I've just noticed having looked again, the right to cancel is there, albeit hard to see at first.

[Hardupnotfedup]

You stated in the first post that it was to replace an outside boiler as a young boy had died through I can only presume carbon monoxide poisoning I feel that is total twaddle the safest place for carbon monoxide to leak would be outside, the agreement also says installation of radiators as well.

Why were the rads replaced as well, it seems to me that you were hood winked into this.

[karel]

Sorry I posted at the same time as others did.

 

Postjjg I posted this condensed version further up, anything else you need to know I will happily supply, seen many of your past posts and you seem to really know your stuff so thanks for looking.

 

Here is the condensed version

 

1. We were forced by a new law to have a boiler fitted, we said we could not afford and they said we had no real choice and they would give us an interest free loan.

 

2. We signed up for this and they sent a Standing order form out, we filled it in and they took nothing from the bank, 3 month later they sent them out again like the first lot never happened, filled in again, same thing, this happened again and they even sent our signed forms back, well a photocopy, so we then rang them and told them we keep filling the forms in but nothing happens, just new forms, they said don't worry it is now sorted out, fill in the new forms we send, so we did and the same thing, nothing came out of the bank, so i said if they don't want it then sod them, I can't do anymore.

 

3. Nothing at all was ever sent out after that, no letter, no demand, no phone call, nothing at all and the matter was forgotten. Then a full 4 1/2 years later a letter arrivees at my house from a debt agency demanding the full amount in 7 days. Then followed a claim form from the court, as this was all in my ex partners name I told them rightly she did not live here anymore.

 

4. They found my ex within a week and she had no warning, chance to put her side up or anything, just claim forms direct from the court.

 

5. Asked the DCA/council to send copy of original debt which they now have and sent a letter back to the court saying I was contesting it.

 

If you need anything else then please ask

 

This was the incident with the boy that led to this Huddersfield Examiner - News - Local West Yorkshire News - Stacey Rodgers’s plea for closure after Corfu carbon monoxide deaths court case

[karel]

You stated in the first post that it was to replace an outside boiler as a young boy had died through I can only presume carbon monoxide poisoning I feel that is total twaddle the safest place for carbon monoxide to leak would be outside, the agreement also says installation of radiators as well.

Why were the rads replaced as well, it seems to me that you were hood winked into this.

 

This sounds silly, but I don't think the radatiors were replaced, in fact i am sure they were not. I know I should know 100% and I would have said no they were not, but with you saying its in the agreement you have me wondering, but I am 99% sure they were not replaced.

[Hardupnotfedup]

it says boiler+rad in the agreement

[karel]

Just a idea of what I have put up in pdf

 

1. Is a letter from the council after sending back a standing order form back that we filled in correctly, proving we filled out a standing order form with all bank details filled in, this they sent back with new standing order forms, not explaining why they had took no money out.

 

2. This is the letter the DCA sent with the intial agreement when we asked for it.

 

3. Initial agreement

 

4. A copy of the standing order they sent back to us, showing we filled it in and sent it to them, only for them to send it back with new forms, oddly ignoring the details on there and taking some money.

 

5. Claim form sent straight to my ex, no letter explining the loan, time to pay, discusss, nothing, claim form sent stright from court.

 

Thanks

[karel]

it says boiler+rad in the agreement

 

I know and can see this, I will look into this further, but as I say I am sure they did not, my ex will know for sure, but 1 had to be replaced last winter that went rusty and they don't look new to me, I was working away when they did the job and can't recall them changing them at all, I wont say for sure and will find out for definate.

[postggj]

Well Ime Going To Have Fun With This

 

For A Start

 

Is It A Credit Agreement As Its Headed Or A Loan Agreement As Stated

 

two Different Things

 

 

O-dear

 

In The T&c It States That If You Miss A Payment They Will Charge Interest so What Apr Are They Using Perscribed Term That

 

Where Is The Termination Figure To Settle Early

 

Did You Get An Invoice From Tm Gas (supplier) On The Cost Of The Boiler

 

what Exactly Does It Say In The Blacked Out Bit At The Bottom Of The Agreement Under Your Right To Cancel

 

 

This Is Important

 

Where Did You Sign The Agreement

 

Did A Rep Come To Your House

 

Where Is The Cooling Off Period On The Agreement

 

Distant Selling Regs Come Into Play

 

On The Claim Form They Are Charging Interest, Where Does It State That In The T&c On The Agreement

 

were There Any T&c On The Back Of The Agreement

 

 

Last But Not Least

Addmin Fee

 

Ime Going To Have Fun With That

 

Ime Now Going To Read The Whole Thread

 

Give Me 30 Min

[sickboy]

On the interest charges, it states clearly on the original letter 0% interest, I am not sure if this covers their 8% interest, but I refuse to pay this again when it is their fault, is this interest recoverable by law? Had mixed messages on this, but it would kill me if they got this for their own slackness.

 

To quote CitizenB from my thread

 

The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

 

· The general rule

 

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

[Hardupnotfedup]

Was the property owned by your GF or was it a council property.

[postggj]

Ive Done Some Digging But Needs To Be Confirmed And The Energy Company Are In Big Trouble

This Addmin Fee On The Agreement Looks Like A Kick Back (commission) To The Local Authority

 

What I Can Tell You That If The House Holder Did Not Put In The Original Boiler, The New Regs Do Not Apply.

 

So A Council Rep Came To Your Property And Said Under New Regs The Boiler Was Not Allowed To Be Outside. (was It A Council Or Energy Company Rep) Please Confirm

 

This Comes Under The Gas Safty And Instalation Regs

Ammended 2006

 

You Will Be Under

 

Gas Safty Regs 1984

Ammended 1990

 

Council Will Be Refering To Building Standards Flues An Ventalatons Regs

 

in A Knutshell

 

You Were Conned Into Taking Out A New Boiler

[Hardupnotfedup]

My thoughts exactly PostGGj

You always make it look so much more convincing;)

[postggj]

I Thought We Were On The Same Wave Length

[karel]

Was the property owned by your GF or was it a council property.

 

It was owned by both of us, she has now left but we are friends and the reason I said I would pay half.

 

Post thanks for looking through, I will answer as much as I can now and then get in touch with my partner as soon as I can, I am at my mothers at the moment and can't get a signal.

 

For A Start

 

Is It A Credit Agreement As Its Headed Or A Loan Agreement As Stated

 

two Different Things

 

I am not sure what it is I don't know the difference, it says credit agreement as you say, it was basically an interest free loan forced upon us.

 

 

O-dear

 

In The T&c It States That If You Miss A Payment They Will Charge interest so What Apr Are They Using Perscribed Term That

 

Only missed paying anything because of their incompetence

 

 

Where Is The Termination Figure To Settle Early

 

Did You Get An Invoice From Tm Gas (supplier) On The Cost Of The Boiler

 

Again it was 5 years ago, but as far as I remember no, but I can't be sure, I will ask my ex, but doubt she will remember, I kept everything to do with it and can't find this.

 

what Exactly Does It Say In The Blacked Out Bit At The Bottom Of The Agreement Under Your Right To Cancel

 

Interesting one, looks like they have photo copied it and its blacked it out, cant read a thing on the one they have sent me.

 

This Is Important

 

Where Did You Sign The Agreement

 

I will ask my ex, she signed it, soon as i find out I will post it up.

 

Did A Rep Come To Your House

 

Not that I can recall no, basically the council just set it up, they sent the company out who did the job and then sent standing order forms out.

 

Where Is The Cooling Off Period On The Agreement

 

All I have is what is on that form, so you will know better then me.

 

Distant Selling Regs Come Into Play

 

On The Claim Form They Are Charging Interest, Where Does It State That In The T&c On The Agreement

 

were There Any T&c On The Back Of The Agreement

 

There is nothing on the back of it, just that page which is a photo copy, all I can see is 0% interest on the form.

 

Last But Not Least

Addmin Fee

 

Ime Going To Have Fun With That

 

Ime Now Going To Read The Whole Thread

 

Really appreciate your help, will ask ex for further details and post it up, also any result at all and I promise to donate some money, more than worth it.

 

Thanks

 

Give Me 30 Min

[karel]

Ive Done Some Digging But Needs To Be Confirmed And The Energy Company Are In Big Trouble

This Addmin Fee On The Agreement Looks Like A Kick Back (commission) To The Local Authority

 

What I Can Tell You That If The House Holder Did Not Put In The Original Boiler, The New Regs Do Not Apply.

 

The boiler was in when we moved in, but not quite sure what you mean.

 

So A Council Rep Came To Your Property And Said Under New Regs The Boiler Was Not Allowed To Be Outside. (was It A Council Or Energy Company Rep) Please Confirm

 

Yes this is exactly what happened, we did not want or could afford it, there was nothing wrong with the old boiler, he said under new regulations since the lad died, the link I posted we had no choice but would get an interest free loan to pay for it, again we did not want this it was money we did not have.

 

This Comes Under The Gas Safty And Instalation Regs

Ammended 2006

 

You Will Be Under

 

Gas Safty Regs 1984

Ammended 1990

 

Council Will Be Refering To Building Standards Flues An Ventalatons Regs

 

in A Knutshell

 

You Were Conned Into Taking Out A New Boiler

 

Again thanks for the help, you certainly know your stuff. I did think is was odd that kirklees energy services actually advertise boilers. http://www.yesenergyshop.co.uk/

[postggj]

Have You Done A Defence Yet To The Court Claim

 

Have You Sent A Cpr 31.14 Yet To Incasson For Info

[postggj]

The Regs Being Quoted Are Only For New Instalations

 

If A Boiler Was Allready Installed On The Property, Its Down To The House Holder To Maintain And Service The ORIGINAL Boiler

[Hardupnotfedup]

Why would a local authority official call at a private residence regarding a boiler, The interesting bit here is if you had refused, there is nothing they could have done. No one could force you to change it, I don't think

Any neighbours at the time in the same position with outside boilers, what did they do?

[postggj]

That What Makes Me Think It Was An Energy Company Rep And Not The Council

 

The Council Have No Right To Be Doing This On A Private Dwelling

 

THAT £135 WOULD THEN BE A KICK BACK TO THE SALES MAN