Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • 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.
       
        • Thanks
      • 3 replies
    • 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!
        • Thanks
        • Like

Claim form Northampton CCBC - from Britannia Recoveries. sold MBNA card debt - urgent guidance needed


Please note that this topic has not had any new posts for the last 2839 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • 3 weeks later...

No response to my CPR request. I chased it and they were not sure of what is happening and promised to chase it. Should I write to the court that as they have failed to fulfil the request the cllaim shoud be struck out? If so, what is the procedure.

Link to post
Share on other sites
  • 4 weeks later...

Hi Lilly responding to your PM.

 

If the CCJ has been removed as per your post#28 then I am at a loss to what advice you require.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 3 months later...

2 weeks ago I had the response from their solicitor to my CPR request. I have just finished reading through it. This is what they have sent: one page that looks like a typed up application, another half a page so called agreement with just my signature (it does have a reference number but it does not relate to anything) generic T&C, Tomlin's order for amount plus legal fees and statements for last 5 months that I never received.

 

This is that account that MBNA were in default of my CCA request and hence in dispute. It looks like they continued to add interest but never sent me any statements. I am cheesed of with this whole fiasco. MBNA were silent for nearly 3 years then this. Any thoughts or advice on this??

Link to post
Share on other sites

Lily,

I am just posting a summary because your thread is quite confusing.

A claim was issued against you by Britannia (originally a Virgin/MBNA account) You had made a CCA request, but nothing was forthcoming and you advised MBNA that the account was in dispute - you later advised Britannia that the account was disputed.

The claim Dated July 4th, however you didn’t receive it until the 13th.

You acknowledged claim 21st July and later were contacted by a company claiming to help deal with CCJ’s?

At what point did you submit a defence? In the grand scheme of things you should have submitted on 6th August.

On 17th August, having received a mail shot from a company offering to help you deal with your CCJ !!, you checked with the court because you had not been advised of any judgment – you had not submitted a defence as you had not received a response to your CPR314 request.

You were told that you would need to submit an application for an extension of time – which would cost £45.00

You later received notice from the court that a Judgment had been entered – but after a call to the court, it was removed?

You have now received documents in response to a CPR31.14 which do not appear to relate to anything.

IMHO, the defence you could have entered would have been to ask them to replead their claim because it gives little or no information.

You have also been sent a Tomlin Order to complete.

I am not sure what is happening - having received the CPR31.14 - do you have to submit a defence ?

Or wait until it has been transferred to your local court in order for a date for a hearing to be set.

We need to have more detail of the Default Notice that was issued.

Date of the Default Notice - what date did the give in the notice for you to remedy the breach.

We also need to know if you were ever sent a Notice of Assignment from either MBNA or Britannia again what date was this sent to you.

If at all possible, it would be good if you could scan it and post it on here for us to see - removing any personal information of course.

Can we also have details of the Tomlin order, again if you can remove any personal information and post it up then that would be great.

If you follow the instructions below, you should have no problems popping the letters/notices up for us to see.

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

meanwhile, I will ask andyorch to look in on you.

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

Link to post
Share on other sites

Was the Judgment set a side/ A phone calllink3.gif simply wont remove a CCJ..unless it was placed in error by the CCBC. If not set a side is it stayed?

 

Unless we have more information, we really cant help.

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

Link to post
Share on other sites

Default notice came about 3 years ago. Since then everything has been silent. Then middle of last year MBNA wrote to say debt being sold to Britanica recoveries followed by letters from their DCAs. And then later last year claim through N'ton Bulk Centre. I submitted defense to say not enough evidence.. CCJ in error... set aside... sent CPR 31.14 request no reply for months and then these docs. I shall scan these in the morning.

Link to post
Share on other sites

Thanks citizenB for your reply. CCA request was made to MBNA about 3 years ago - no response - A/C in dispute etc. MBNA's Default Notice dated 14th July 2009 for full payment by 31st July 2009.

 

Earlier in 2012, I received letter from MBNA that they were selling the debt to Britania Recoveries (BR) and a letter from them that they had bought the debt. Wrote to BR to say A/C in dispute. Then after the normal templated responses ignoring my letters came the claim via N'ton Bulk Centre. I submitted defence to say 'not sufficient docs to me to file a proper defence' and sent CPR31.14. Nothing for a few months then this Tomlins Agreement for me to sign. Looks like the appn form is a Computer printout and my details and signature appear on a separate sheet A5 size photocopied with unrelated reference numbers. plus generic terms and 5 statements.

Link to post
Share on other sites

Just to let you know that the Default Notice should have formed a big part of your defence, because they are not permitted to demand Full payment only those sums which are due and in arrears !!

 

So there hasnt been a hearing and their attempt to mediate is to send you a Tomlin order. I will ask the advice of the site team for you.

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...