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

Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please


Please note that this topic has not had any new posts for the last 2917 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

Dear All

 

Having received court papers from Northampton from Bryan Carter I sent CPR 31.14 and 18 to Bryan. Today I have received a reply.

 

Part 31

 

To paraphrase - they haved followed the correct protocol and as it will be allocated to the Small claims Track then part 31 does not apply but they will nevertheless will ask for documentation from their client.

 

Part 18

 

They do not find my request reasonable (last payment details, charges, ppi) and that my request is investigitive rather than relating to the case but in the sprit (!) of disclosure the last payment made was on the 7 March 2007 for £18. I should refer to my own records for a default notice and charges.

 

So what now? Do I accept this - I do have a vague memory of this - or do they have to provide proper information? I can not afford to pay £18 a month.

 

I would appreciate your thoughts.

 

Cheers

Link to post
Share on other sites

I believe they have to prove the debt exists and that you owe it so the onus lies on Carter to provide all such paperwork as is necessary. The fact they gave you such a glib answer suggests they have very little by way of proof.

Link to post
Share on other sites

Hi there

 

Thanks for the reply.

 

Yes that's what I think - does everyone agree?

 

I will start searching threads for a defence - does anyone know which threads are best?

 

cheers.

Link to post
Share on other sites

What does the POC actually say? what is the exact wording?

 

have they or anyone else previously sent you anything by way of a copy of an agreement or an assignment of the debt?

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

Link to post
Share on other sites

Hi Spamheed

 

Thank you for your interest.

 

The wording is the same, word for word, as many posted on this site - basically failure to stick to the installment agreement yet no interest claimed - hence the CPR 18 asking for last payment details etc. Not sure if I have received proper verification of assignment but this has been passed to all the usual suspects and has ended up with Arrow and Bryan.

Link to post
Share on other sites

Hi Derek

 

I'll move your thread to the legal issues forum for advice

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

You dont attach anything to a defence.

 

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

Hi Bianca

 

The purpose of the defence is to plead...admit or deny refute or agree :-

 

(A) particulars of Case or a Defence is a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and

© state specifically any matter that if not stated specifically may take another party by surprise; and

(d) state specifically any relief the party claims; and

(e) if a claim or defence under the CCA is relied on – identify the specific provision under the Act. .

 

Of course you may state that you requested information vis a vis CPR and no response was furnished but proof of that request can be detailed later on in proceedings at the Witness Statement stage referring to various exhibits.

 

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
  • 1 month later...

So ~

I have read all the relevant threads and followed their advice and sent off the defense to Northampton Court and the letters to Carter and have received as predicted the letter from Carter saying they are no longer acting on Arrow's behalf.

 

Today I received a letter from Arrow in reply to my defense which they say was submitted to the court on the 11th September.

 

They state it was an overdraft, the debt was assigned to them on 30/10/2009 and sent me notice of assignment under the Law of Property Act 1925 on the 23rd Dec 2009.

 

They state that as it was an overdraft there was no agreement so the Consumer Credit Act does not apply.

 

They state they have written to Lloyds Tsb asking for a copy of the account and will supply a copy when they have received it.

 

They have told the court of the change of solicitor - N434 dated 16th October.

 

Their letter ends by them giving me their telephone number to arrange repayment of the debt.

 

Can someone tell me the next step please?

 

Many thanks

Link to post
Share on other sites

Hi All

 

I have posted re this before.

 

This is for an Lloyds/TSB overdraft.

 

I sent in a defense and wrote to Bryan. Bryan wrote back re no longer their solicitors. Arrow wrote back (see my last post) saying have asked for statements from LLyods/TSB.

 

Now I have received this N149?

 

What does this mean? Will Arrow def be taking me to court even though they have not provided me with the information regarding last payments that I asked for?

 

I also notice that on their last letter they have dropped the amount back to £800 odd not the £900 they filed with the court.

 

I have til 12th Nov to file

 

Many thanks

Link to post
Share on other sites

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

Many thanks. I will have to sit and read through the 1st link properly as it is over 22 pages. I have read the other link. Are the rules different that it is for an overdraft as Arrow state there was no credit agreement etc etc.

 

Thanks

Link to post
Share on other sites

Overdrafts are exempt from the CCA1974 except for Part V Derek.You need to request a copy of the Facility Letters and a copy of the termination/recall (Notice served under Sections 76(1) and 98 (1) of the CCA1974.

 

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

Thank you Andy I will send off a request to Arrow tomorrow - how long do I give Arrow to get hold of the statement from Lloyds? If they do not send me the statement do I file the N124(?) - is that the right form??

 

Thanks

Link to post
Share on other sites

You state as per your thread title you are at AQ stage ..so any CPR requests are a bit late.The N149 is for Small Claims Track and unlike the N150 Fast Track you shouldn't really draft directions...however you can state within the " Other " section anything to assist the DJ in proceeding the claim..I would state something along the lines my post above and also request statements to validify the amount claimed.

 

You must file your AQ strictly on time.

 

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

Many thanks - so basically I ask in the other bit for the statements and verification of payments which Bryan/Arrow still haven't sent. Once the court has the AQ does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back?

 

Many thanks

Link to post
Share on other sites

" Once the court has the aq does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back? "

 

Not quite the AQ is as it states on the tin to Allocate the claim to the appropriate track (given that it is accepted this will be SCT) it assists the DJ in deciding what directions to issue to narrow any differences and what can be used to resolve the matter.

If they fail to ignore the DJ request for disclosure the court can issue sanctions and strike the claim out...but he could also request further info from yourself to verify your defence.

 

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

sorry you've been missed

i've moved your thread to the legal forum.

 

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... 

 

 

Link to post
Share on other sites

PLEASE PLEASE PLEASE

 

keep to THIS THREAD ONLY

 

for all issues related to

Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please

 

7 threads merged

 

you do not need to make a new thread EVERYTIME

something new happens

 

keep to this thread for all questions/advise

 

dx

siteteam.

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... 

 

 

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...