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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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Expert believes customer's signature was forged!!!


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Is there a credit card around that isnt securitised?

 

The debt is sold and not owned by the cards, but the courts/taxman let them sell/litigate etc, criminal.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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.:)

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This isn't a credit card. If I am correct this was an overdraft which was "converted" into a loan. I was wondering if such things were also securitised (not that this is much to do with PW's case).

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Rumour has it........the disclosure refers to a loan converted to a false instrument.

 

Rumour would also have it that claim was served at 25th August, claimant awaits the banks defence [as do several other interested parties].

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" Due to the passage of time"

 

What a wonderful phrase this is, when I provided documented proof to the RBS showing that there recovery manager had committed fraud, I recieved the same response.

 

It seems that in the banking world, especially at the RBS/Natwest any blatant act of fraud by a member of staff can be simply washed away, excused " due to the passage of time".

 

Perhaps we should all use this phrase when backed into a corner when we have no real defence to allegations being made, when documented proof is suppilied showing fraudulant conduct, the response is blunt , we suffer from an accute attack of memory loss. In the real world, it simply wouldn't work.

 

Debs

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Apologies to anyone looking for a PM response.......... not possible at the mo.

 

For clarirty:

 

This refers to a CCA regulated loan agreement [discharged in full], a second [and false] instrument was created by a bank employee at a later date

 

The false instrument is lodged with CRA's and persists in causing financial damage

 

The false instrument is still actively [at 02.09.11] pursued by RBS/Natwest.

 

The total sum unlawfully set-off current account to service false instrument rests at circa £9,000.00

 

The total encumbered interest and charges [above] rests at circa £11,000.00

 

Various other financial damage rests at circa £19,000.00

 

The banks efforts to restitute accounted for less than 2% of damage

 

RBS/Natwest are aware of this thread so please keep posts factual and short of conjecture

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RBS/Natwest are aware of this thread so please keep posts factual and short of conjecture

 

We had current accounts that were closed by the banks recovery department and replaced by loan capital & interest accounts without our knowledge or consent. According to the RBS this was a normal practice implemented in the 1990's.

 

It is (according to the RBS's legal department) known as the "Transitioning Process". These accounts are the customers original current accounts for the purpose of litigation, but for accounting purposes, and to enable the bank to apply post judgment interest ( and artificially inflate there balance sheet) they are Loan Capital & Interest accounts.:???:

 

The RBS inform the customer that because the accounts have been moved from the branch to the recovery department, they have new account numbers. They conceal the true facts. The customer is oblivious to any changes.

 

The RBS withhold statements for these accounts so the customer is unaware about how interest is being applied.

 

Consumer law does not allow post judgment interest to be applied to current accounts.

No law exists which permits a lender to alter a customers account without there knowledge or consent.

The RBS has since the 1990's been converting customers debt ledger accounts so they can make themselve appear more proftable than they actually are.

 

Everything I have stated is factual and can be backed up with documented proof.

 

Debbie

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The police are not precluded from investigating allegations just because there's ongoing civil proceedings. Have you made the police (economic crime unit) aware of this fact?

 

The link below highlights a recent signature fraud.

 

 

 

http://www.peterboroughtoday.co.uk/news/local/dealer_regrets_signature_fraud_1_2313154

Edited by paulwlton

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Would not the admittance that the agreement document was the result of an act of forgery by admittance? it would be difficult for the Nat West to produce the document as evidence in support of any claim or defence. It would be deemed an offence under the Forgery and Counterfeit Act of 1981, would it not?

 

Just my personal view and question, perhaps a more learned person would give an opinion.

Offences E+W+N.I.

 

1 The offence of forgery.E+W+N.I.

 

A person is guilty of forgery if he makes a false instrument, with the intention that he or another shall use it to induce somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

2 The offence of copying a false instrument.E+W+N.I.

 

It is an offence for a person to make a copy of an instrument which is, and which he knows or believes to be, a false instrument, with the intention that he or another shall use it to induce somebody to accept it as a copy of a genuine instrument, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

3 The offence of using a false instrument.E+W+N.I.

 

It is an offence for a person to use an instrument which is, and which he knows or believes to be, false, with the intention of inducing somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

4 The offence of using a copy of a false instrument.E+W+N.I.

 

It is an offence for a person to use a copy of an instrument which is, and which he knows or believes to be, a false instrument, with the intention of inducing somebody to accept it as a copy of a genuine instrument, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

Using a False Instrument with intent it be accepted as genuine, is contrary to sections 3 and 6 of the Forgery and Counterfeiting Act 1981.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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No defence from NW [yet].............. they do however have until 16.00hrs tomorrow. I remain hopeful they'll lodge at the 11th hour

 

If they do not the claim will be heard in their absence for damage assessment and all 3126 pages of data will be released to public forum, to include Bank, ICO, fos, FSA, OFT, MP and Kent police correspondence. All named individuals will be offered the opportunity to injunct disclosure.

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No defence from NW [yet].............. they do however have until 16.00hrs tomorrow. I remain hopeful they'll lodge at the 11th hour

 

If they do not the claim will be heard in their absence for damage assessment and all 3126 pages of data will be released to public forum, to include Bank, ICO, fos, FSA, OFT, MP and Kent police correspondence. All named individuals will be offered the opportunity to injunct disclosure.

 

It'll be interesting to see what the FSA and OFT have to say.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Hang on! Just twigged that Mike Hawke has a case with the same organisation. I thought he was referring to PW's case. May the force be with you and preferably the police force.

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1st para of page 2 of NW letter dated 28 March 2011 is misleading

When the loan agreement is put in place, the Consumer Credit Agreement is printed of and is auto populated with an auto signature representing the Bank.

This didn't always happen. I have evidence of a Consumer Credit Agreement from around that time, which they did not auto sign or sign at all before sending to the customer for signature.

 

The point is their procedures were not as consistent as they say.

Edited by Mr Grey
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1st para of page 2 of NW letter dated 28 March 2011 is misleading

This didn't always happen. I have evidence of a Consumer Credit Agreement from around that time, which they did not auto sign or sign at all before sending to the customer for signature.

 

The point is their procedures were not as consistent as they say.

 

The OP would need evidence of such things to include in his case. The fact that you know such things happened is no use to him, he needs to put it before the court himself.

 

All such knowledge helps breakdown the perception that banks have rigid, watertight policies and procedures that are always followed - but only when put in front of a court.

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The OP would need evidence of such things to include in his case. The fact that you know such things happened is no use to him, he needs to put it before the court himself.

 

All such knowledge helps breakdown the perception that banks have rigid, watertight policies and procedures that are always followed - but only when put in front of a court.

 

The claimant has ample evidence.

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The claimant has shown himself to be 'exceedingly generous' ........ yes, the helpful bank may recognise the quote as one of their own :-) and agreed a further extension to Monday 26th September 2011

 

It's a slow process but posts will appear as and when anything of interest is sighted

 

MH

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  • 2 weeks later...

So are you just waiting on a hearing date 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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Evening CB

 

That's about the size of it, AQ to be filed by end of next week. Canterbury is currently up to 6 months post AQ to hearing so it may be a long way off yet. Can't imagine NW want it to progress past the court steps but I'm game if they are :-)

 

MH

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  • 2 weeks later...

Not sure why the bank chose to appoint lightweights..... must be cheap,......... will be posting a few bits next week dependant upon 'negotiation'

 

 

Dear ....................

 

 

We acknowledge safe receipt of your Allocation Questionnaire today. We enclose by way of service upon you the Bank’s Allocation Questionnaire, a copy of which is attached and a hard copy of which has been sent in the post to you today.

 

 

We consider it would be useful for us to agree to a short stay of proceedings in order to take stock of the claim and discuss a potential resolution to the same. In those circumstances, we should be grateful if you would contact the writer, on her direct dial below, to discuss this.

 

 

 

We look forward to hearing from you.

 

 

Yours faithfully

 

 

Matthew Arnold & Baldwin LLP

 

Tel: XXXXXXXXXXXXXXX..

 

E-mail: ....................

 

MH

Edited by the_shadow
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Hmm, worried or what??

 

Look forward to updates :)

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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