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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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Capital One DEMANDING signature to answer letters?!


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OK, I'm in a little war with C1. I notified them months ago I was unemployed, and tried to set up a plan. they gave me grief at first saying they needed 'proof' including a benefits letter and bank statement. I sent the JSA letter but not the bank statement.

 

They wrote back saying I can't be put on a plan unless I send them a bank statement. Two working days later they write a letter saying i've defaulted and lost my account completely and blah blah. Then i receive a letter from their DCA requesting the full amount.

 

I sent C1 a snotty letter saying they never gave me time to repond and how I have informed them of every step and given the JSA letter (they said a JSA letter 'isnt proof of income'). Hear nothing for a couple weeks and then receive a letter from C1 saying they were sorry for my 'problem' but because my letter wasn't signed they cant help me, for 'security reasons'. They said i have to resend the letter signed?!

 

Baring in mind I haven't signed ANY of the 10+ letters i've sent them and the DCA yet they had no problem responding to all of those?!

 

Do I have to really send them my signature?!

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No! Nothings changed, apart from they've stopped calling me! everything's the same. it feels like they are fishing?! they ask me for somthing then back track saying 'its not proof'. Now they need my signature?! hmmm... legally can they refuse to deal with me without a signature?! I put my address on each letter along with the account number and they have my contact numbers. so why do they need my sig?!

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they have a duty to ensure you are who you say you are BUT if they have been sending correspondence to you prior to this, and your address etc haven't changed, then i fail to see how they can't deal with you without a signature. capital one seem to have a habit of doing this. i've sent three cca and two sar requests without signatures and they won't budge. i've complained to the ico but 8 months on, they still haven't even assigned it to a case worker!!

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Select committee on Trade and Industry minutes of evidence

(1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

Now although this working party was looking into the Electronics Commerce Bill it points to . .

Goodman v J Eban Ltd (1954)

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

So now taking the highlights above I go to:

Interpretations act 1978

Schedule 1

1973 c.37.

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 3 months later...

Sorry to drag up an old thread, but Im having exactly the same problem, sent them a CCA which they responded to and then a account in dispute letter and have now hit a brick wall with letters the same as yours where they wont answer it without my signature. Even though I put a signature and covered it with a 'Anti tamper ' thingy they still wont have it and now Im 28 days away from default.

 

What did you end up doing?

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  • 1 month later...

It happened to me. I rung the number on the letter they sent me and told them I refuse to sign anything. They told me to confirm my ID by answering security questions. I answered the questions. They then proceeded with the SAR. I received it within two weeks!

 

You don't have to sign!

 

Hope that helps

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