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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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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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Pages 136 to the end show the Common Failures of mis selling PPI.

 

ps10_12 - FSA - PPI - 888.pdf

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are you sure about those page numbers?! Just downloaded it and skimmed through; interesting stuff but page numbers finish some way before Page 136. :-(

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Yes, if you look at the counter at the top of the file and use that to locate 136 That is the open letter the common failings starts on page 137.

 

You will note, again, the counter at the top of the file will show there are 155 pages in total.

 

I am not using the page numbers on the actual document.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Yes, if you look at the counter at the top of the file and use that to locate 136 That is the open letter the common failings starts on page 137.

 

You will note, again, the counter at the top of the file will show there are 155 pages in total.

 

I am not using the page numbers on the actual document.

 

Thanks for getting back. I'm using a Mac and, for whatever reason, it doesn't display a counter at the top of the file but, no worries, I've located the relevant section now.

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Very interseting reading, especially from page 25 onwards for my particular claims. As I am expecting the standard bog off letter from egg card telling me they will not pay out claims over 6 years old. Will need to somehow send this to them as a response.

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added in error

 

:lol: I just looked in to check if there was any corruption on the link, but it seems as though you have sorted it now :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:lol: I just looked in to check if there was any corruption on the link, but it seems as though you have sorted it now :)

 

no it was absolutely fine in the end, the fault was with me :oops:

Edited by Massamum
typo
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  • 2 weeks later...

to find this document on the internet google

 

fsa ps 10/12

 

....................and the page numbering is wonky...

 

for those of us that want to read more

 

 

google

 

cp10/6

 

and you get the view on march 2010 of the situation

:cool: sunbathing in juan les pins de temps en temps

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PAGES 15 & 16 of this earlier document make interesting reading

 

"We identified a common failing of not disclosing to the customer that the

term of the cover was shorter than the term of the credit agreement and the

consequences of such mismatch. Our view is that failing to disclose such a

16 CP10/6: Payment Protection Insurance complaints (March 2010)

mismatch and its financial consequences to the customer would not comply

with the Principles. From the introduction of ICOBS 6.4.9R(3) this would also

have been a breach of the rule."

 

this means the purchaser of PPI thought he was buying insurance for the length of the loan not just for 5 years :evil:r

 

-----------------------

AND ON PAGE 34

 

"Balance

3.10 The main objection from the industry was that the overall effect of the guidance

was unbalanced and unfair because it made it very difficult for firms to reject any

PPI complaint, even where the firm felt it had acted quite correctly at point of sale.

Three main critcisms were that:"

 

-------------------------------

PAGE 54

 

Consumer Credit Act implications

We agree that the approaches give rise to some implications for the existing credit

agreement(s) under the Consumer Credit Act (CCA).

We contacted the Office of Fair Trading to understand the implications for firms in

this area and reached the following conclusions.

Where the PPI is sold alongside a loan, there are in fact two credit agreements.

One for the principal loan and a second to finance the optional PPI. The former

is debtor-creditor (d-c) and the latter is debtor-creditor-supplier (d-c-s). This is

irrespective of whether the creditor is also the supplier of PPI.

In CCA terms, where the PPI is sold alongside a loan, there are multiple agreements

within section 18(1)(a) CCA. Each part – the principal credit agreement and the

PPI credit agreement – would be treated as a separate agreement by virtue of

section 18(2). They may be documented together, subject to the Consumer Credit

(Agreements) Regulations 1983 (CCA Regulations). Regs 2(8) and 2(9) of the

current CCA Regulations allow for a common heading and signature box and

common statements of protection and remedies. Reg 2(7) requires an additional

form of consent.

If PPI is found to have been mis-sold, the remedy is generally to return the parties

to the position they would have been in had the PPI not been taken out. This should

lead to the cancellation of the PPI credit agreement and refund of monies paid by

the debtor. This is consistent with Article 15.1 of the new Consumer Credit Directive

which states that ‘where the consumer has exercised a right of withdrawal, based on

Community law, concerning a contract for the supply of goods or services, he shall

no longer be bound by a linked credit agreement’.

As the PPI credit agreement is separate (for CCA purposes) from the principal credit

agreement, it should be possible to cancel the former without affecting the latter.

Clearly though, if payments were made together as a single monthly instalment, the

amount of the instalment will need to be adjusted (as our approaches indicate). This

would not require a modification of the principal credit agreement. It would simply

be a consequence of cancellation of the PPI credit.

Even if the principal credit and PPI credit were treated as one agreement for CCA

purposes (which we do not believe would be the intended effect of section 18

CCA), it would be possible to modify the agreement to remove the PPI elements.

This could be done via a modifying agreement for section 82(2) CCA purposes. The debtor would have to agree (but we generally see no reason why he would not).

Alternatively, the creditor could simply refrain from collecting part of the payment

and from enforcing the relevant aspects of the agreement. This could be done as

a unilateral concession, although this would be less satisfactory from the debtor’s

point of view as it would not have the effect of amending the contract and in

theory the creditor could withdraw the unilateral concession at any time. It is better

(and clearer all round) to have a modifying agreement, signed by both parties, and

binding on both of them. At the very least the concession should be documented in

some durable way, such as a letter acknowledging it, given the potential for disputes.

Consequently, we do not see why our approaches discussed above should raise CCA

enforceability issues.28 However, a firm should take care in how it documents the

arrangements and what information it gives to the consumer.

Edited by FANTASY CHARGES

:cool: sunbathing in juan les pins de temps en temps

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  • 1 year later...

Hello I have just raised a thread called [Old Egg card 2001 now Barclaycard]

 

The above comment [Consumer Credit Act implications] seems to be along the lines of my current argument with Barclaycard.

 

Where if the Credit agreement if it is one agreement with PPI and in no way states that it is optional - does this mean that the credit agreement if it has the PPI cancelled - that the whole agreement has to be cancelled too, meaning that its a forced PPI agreement.

 

Is the above a correct interpretation of the above article/comment, thanks in advance

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Hello I have just raised a thread called [Old Egg card 2001 now Barclaycard]

 

The above comment [Consumer Credit Act implications] seems to be along the lines of my current argument with Barclaycard.

 

Where if the Credit agreement if it is one agreement with PPI and in no way states that it is optional - does this mean that the credit agreement if it has the PPI cancelled - that the whole agreement has to be cancelled too, meaning that its a forced PPI agreement.

 

Is the above a correct interpretation of the above article/comment, thanks in advance

 

I am not entirely sure of your question..

 

Are you asking, if there was PPI on an agreement where the PPI was not requested and there are no separate terms and conditions for the PPI - is the entire agreement unenforceable ?

 

Almost certainly the PPI would likely have been mis sold - as to whether the entire agreement is uenenforceable, I would think there would be a pretty good argument but it would need to be confirmed by others with more knowledge than me.

 

Just popped a link to your thread .. http://www.consumeractiongroup.co.uk/forum/showthread.php?380981-Old-Egg-card-2001-now-Barclaycard

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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