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    • I had exactly the same issues.   Grossly over estimated bills from January onwards.  Despite what they claim, they are effectively taking an interest free loan from their customer base to keep the company in business.   They can dress it up how they like.  It’s irrelevant if they reconcile the bills the following month because they just over bill again thus keeping a rolling interest free loan.   it took two months of constant badgering to be finally moved to a fixed DD.   Once that was done I didn’t care how much they over-estimated by.   I had raised a query with the ombudsman over the billing fiasco and they readied a complaint should I wish to proceed.   I thought everything was sorted until May/June whereby I was allegedly more in debt then I was expecting to the tune of an extra months DD.   On querying it, it transpired that even though I was on a fixed monthly DD, because the bill was generated less than 5 days before the DD was due to be taken they didn’t take the DD.   They offered £5 compensation by way of apology but wanted to take two months DD in June.  I told them where to get off.   With appalling customer service,  bills that you need a Maths degree to follow, and I do have one and still struggled, inability to follow through on any agreements, constant gross over-estimation, the missed DD was the final straw and I proceeded with complaint to ombudsman.   Prior to getting to that stage I had to quote Symbio’s own complaints procedure to them to get any sort of response.   Their final offer to me was £25 goodwill and to waive an exit fee. The offer was derisory given the time it had taken to get things sorted and the continuing ineptitude.  Also, the whole thing has dragged on so long (5 months) I was already in the final 49 days of my contract and therefore there were no exit fees to pay and therefore nothing to waive.   Anyway, upshot is, ombudsman found in my favour.  Ordered an apology and a goodwill payment. Symbio appealed but were told the decision stood.   This week I received the goodwill payment.   I promptly left an honest and truthful review on trustpilot.   The next morning I received an email from Symbio with an apology.   This was followed an hour later with an email from trustpilot saying Symbio had replied to the review.  On reading the response they have accused me of not following procedure and of cyber bullying.   The company is a complete joke.
    • why not simply tell you supplier they have the wrong meter number you been paying for usage , and ofcourse you can view this online too so its not as if you'll owe anything you might get a nice surprise and find you are owed a refund.
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    • I would add, many companies have done everything possible to manage and carry on in difficult Covid19 circumstances to supply customers with what they need.   Continually making excuses for delays is not what I'd want from an installer and maybe the £100 deposit is not so important.   Get this deposit back if you can but, more importantly, find a local installer recommended by family or friends to carry out the works.
    • Hello all,   I hope you can assist me, as I am quite lost and confused at the moment.   Two years ago I moved to my actual flat. Throughout this time I have been with EDF first and now EON. When I moved in, my landlord didn't quite know which one was my meter and I picked the one that I believed was mine (now reading you I know I should have done a burner test..). During this time, I have been paying my bills and submitting the numbers that I believed mine, which actually agreed with my consuming patterns.   Today, all the meters appeared with numbers, but the one next to the one that I was using, which appeared with a different flat number. As you might have guessed, none of them had my flat number. I have just made the test and it looks like that one may be mine.   Now, how should I proceed? I have been paying bills is not like I wanted to avoid paying, but clearly there has been an issue. Could you please advice me on how to proceed?   Lastly, in terms of meter serial number, the one that I was using matches my bill and I guess my neighbor bill. The additional doubt I have is, who is paying for my meter and why are they still providing me with gas if no one is paying the one that seems to be my real meter.   Many thanks!    
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      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.
       
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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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Sysa V HSBC Bank


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Hi everyone

 

A few weeks back I sent a CCA request to HSBC followed by a few more letters including a dispute letter. Thanks to this forum. Hsbc have accepted that they do not have a signed application form but they haven't said that they don't have a signed credit agreement. After my last letter I have received a reply couple of days ago which is following:

 

As you will be aware, the credit card agreement was entered into with bank on or around DD/MM/2004. This was before the both Consumer Credit Act 1974 (ACT) and the Consumer Credit (Agreements) Regulations 1983 (Agreement Regulations). The agreement regulations contain the prescribed terms which were required by section 61 of the Act. Due to the date of the agreement, it was not necessary for it to comply with the Act or the Agreement Regulations. Therefore the agreement did not need to contain the prescribed terms. It follows that we do not have any obligation to provide you with a copy of the agreement which did, at the time of signing, comply with section 61 of the Act. Your request is therefore pointless.

 

We remind you of the decision in Carey V hsbc bank which determined that, regardless of the date of the agreement, the form of agreement provided in response to a section 78 request does not need to comply with the requirement of section 61.

 

It is inappropriate to issue a pre a pre-action disclosure application and if you do so, we put on notice that bank would seek payment of all the costs they incur. We may also refer this letter to court on the question of costs.

 

 

Are they right in saying that they did not need to comply with CCA because of date?

Is my request pointless?

 

I have read some threads on Carey V Hsbc which is quite depressing. I understand that in that case Hsbc was defendant but what do I now say to HSBC?

 

I need you comments and suggestions to draft a response for my friends at Hsbc who are clearly working hard now. :)

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Whether or not the request is pointless, imo it is your RIGHT under the CCA to request a copy and to obtain one within the prescribed time limits. That is the route I would take unless someone else suggests otherwise :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thanks for you reply rayne.

 

That is the route I have taken i-e. s78 request. They have failed to produce anything except a blank form and some terms and conditions.

 

Why are they saying that because of date they don't to need to produce anything because CCA doesn't apply. Is it not misleading? Are they not giving me wrong information?

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If they're continuing to chase you for the debt, then my understanding is to send them this:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/579-letter-when-dca-refuses-to-comply-with-a-cca-request

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thanks rayne, I will send that letter to hsbc in a couple days.

 

However I still want it they are right in saying that because of the date of agreement CCA does not apply. I thought it applies to anything before 2007 and less than 25k. Am i right? If yes, then why are they telling me its not.

 

Is it one of their shots to put me off this?

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Hi sysa welcome to the forum ,:)

 

Good advice from Rayne ,,,, and it is my opinion that that letter from the bank was their usual mish-mash of half-truths and inaccuracies designed to put you off .........

 

A CCA is a legal request ..... they are bound by law to fully comply within the 12+2 days time limit ..... if they don't chase them up on it and tell them the account is 'In Dispute ' until they do comply......they are aklso duty bound to tell you in writing if they have not got the document(s) you require .......

 

If they continue to ignore your request , report them to the Information Commissioner and/or take THEM to court to make them either produce what you want or confirm they haven't got it ........

 

I don't think I've heard such a load of twaddle as that letter for a long time .... huh ! pointless indeed ! cheeky beggars !

 

this link may help to explain :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/260981-metroplitan-collection-services-ignored.html#post2943297

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hang on a sec I just re read that letter in the op.

 

"As you will be aware, the credit card agreement was entered into with bank on or around DD/MM/2004. This was before the both Consumer Credit Act 1974 (ACT) and the Consumer Credit (Agreements) Regulations 1983 (Agreement Regulations). ".......wtf???? If the agreement was entered into in 2004 and the CCA was 1974 how can that possibly be BEFORE them as they say?? Twaddle indeed

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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That's what I meant sysa , :) It's 2004 , not 1904 lol!

 

Utter rubbish , but keep hold of that letter , it may be valuable for court or a report to the Ombudsman/Trading Standards or /Information Commissioner ......... it's so bad it's pathetic .........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Probably I should refer them to a school for a few lessons on Time, Date and Calendar. My previous letters have costed them some brain cells to read and understand :D

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