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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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Drydensfairfax Arrow Global and MBNA


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Just need a quick piece of advice as waiting for a senior manager from MBNA to phone back.

 

I have a loan with them, and have been paying off an amount each month under an arrangement. I have missed a couple of payments, and received some letters etc.

 

I phoned on Friday to bring the payments up to date, gave a CC number to do this, which they took. They told me on the phone all was ok, now up to date.

 

Later that evening they left a message on my answer phone to appologise but that they didn't realise I was paying with a Credit Card, they only accept Debit cards. So I phoned on Saturday and paid by debit card.

 

They again confirmed that everything was ok.

 

I got a letter yesterday, dated 1st Feb saying, "our records indicate that you have defaulted on your reduced payment plan. Failure to repay the missed payment and subsequent payments will result in the registration of a default at the Credit Referece Agency and the eventual termination of the agreement" etc. etc.

 

I assumed, given the date, that it had just crossed in the system with my payment, but I thought as I had a spare moment today, I would just give them a call.

 

The girl on the phone was very appologetic and said that defaulted the account on 28th, it was now showing as a balance of Zero as they have sold the debt on.

 

WHAT?

 

I have requested to speak to a senior manager and one is due to call me back.

 

Where do I stand with this one, does anyone know?

 

Many thanks,

 

SD

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Have you had a default notice served on you?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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the first thing i would do is check how much money has been taken from your cc and dc

 

the second thing i would do is write to your bank and ensure that no fut=rther payments are made from your dc to this creditor

 

the third thing i would do is NEVER pay them in this way again- they now have your bank details- not a good thing

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  • 3 weeks later...

I sent a CCA request to AIC regarding an MBNA CC debt they are chasing me for. I today received a letter from them (returning my letter and my PO) stating that they are only acting on behalf of MBNA and that I should send my request directly to MBNA - and that they, AIC, would continue to contact me and will move on to further recovery action.

 

Do I just send a new CCA request to MBNA ? Should I respond at all to the AIC letter?

 

SD

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I would have thought they should have passed it on...

did you get your £1 back or did they remind you to send another to mbna...they did that to me..well RMA did.

If my advice helped you please click my star

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I sent a CCA request to AIC regarding an MBNA CC debt they are chasing me for. I today received a letter from them (returning my letter and my PO) stating that they are only acting on behalf of MBNA and that I should send my request directly to MBNA - and that they, AIC, would continue to contact me and will move on to further recovery action.

 

Do I just send a new CCA request to MBNA ? Should I respond at all to the AIC letter?

 

SD

 

garbage!

 

if they are chasing you, they need to have the correct docs!

 

after 12+2 days they fail.

 

send them the failure to comply letter if they dont play ball.

 

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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if they are acting on behalf of mbna they have a duty to pass the request on to mbna and not return it to you

 

they are in breach of oft guidelines and you should report them and suggest their licence be restricted until such time as they comply with OFT guidelines

 

the time starts for compliance by mbna when it was received by their "agent"

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I have a loan with MBNA which I am paying off. I paid them on 28th Jan over the phone by debit card, as usual, but then received a default notice on 8th Feb saying they had defaulted the account for non-payment. I even asked the person when I was making the payment on 28th if everything was in order on the acccount, and she said yes.

 

The person on the phone today - I have been waiting over 2 weeks to speak with a manager, said that the account defaulted on the 29th as my payment did not go through until the 30th.

 

He says there is nothing I can do. The account will be sold to a DC. He gave me an address to write to, but said there is little point.

 

What should I do? And advice.

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Gotta love MBNA! :rolleyes:

 

Can you block out all your personal info on the Default notice, scan it in and post it here?

 

How many (if any) consecutive payments had you missed prior to payment on 28th jan?

 

 

Your first course of action is a SAR. Request:

The communications log/customer information system;

Copies of all corespondence (including the default notice and notice of termination);

A list of transactions and a copy of any contract relating to this account.

 

Remember, send recorded delivery with a cheque for £10.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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  • 3 weeks later...

I CCA'd MBNA for an agreement for a Credit Card. Today I received paperwork from them which quite frankly just looks like they typed up a document and sent it through. It's a word document, it has my current address on it, although I believe I took out this card prior to moving to this address, it is not signed by anyone, in fact there is nowhere to sign .....

 

Have MBNA just made this document up? They describe it as a "copy of the credit agreement that you signed.

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you p'haps need to look at a few threads in the MBNA forum.

 

what you describe is typical for them.

 

they think they are above the CCA laws.

 

i'd post athread there too TBH.

 

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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Was it an on-line application?

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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  • 2 years later...

I received a Claim Form last week for Northampton from

 

Drydans on behalf of Arrow Global for

 

a debt they claim I owed to MBNA which they claim to now own.

 

I am not aware of any debt owed to MBNA.

 

I did have a MBNA credit card which has been paid off and I no longer have the card

 

- and I've just checked my credit record and it is marked as settled

- since 2009.

 

hich I believe is correct.

 

I've logged on and acknowledged service and said I will defend the claim.

 

Any suggestions as to how this could have come about? and how I should go about my defence?

 

Many thanks.

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From reading this and other sites it would seem that Arrow are getting trigger happy with court action.

Is this the first communication that you have had?

Have you moved house in the last few years as there is some suspicion that some solicitors are not playing by the rules and sending LBA's etc to addresses that they know will not be occupied.

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  • 2 weeks later...

I received a claim form from Northampton Claimant Arrow Global Guernsey via DrysdensFairfax for an old debt which is marked as settled on my credit file.

 

I have in the past submitted a SAR and CPR request to MBNA and to other DC's -but have never received anything back.

 

I acknowledged service and sent a CPR31.14 to Drysdens - haven't heard anything and needed to file a defence by yesterday. Not sure if I have messed up, but I just put in a defence saying I denied everything and was awaiting the documents listed in the POC in order that I could put together a proper defence.

 

The only correspondence I have received from Drysdens since the court claim is a letter from them claiming they had got judgement against me, despite the fact that they had not.

 

Should I do anything else? I'm feeling a little exposed as I have not filed a proper defence.

 

Should I send a SAR/CPR to Arrow Global Guernsey - whom I have never had any dealings with?

 

Or do I send them to Drysdens? And do I need to provide anything extra to the court at present?

 

Thanks,

 

SD

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Hi scary

 

Could you possibly post the defence you have submitted along with the particulars of claim (verbatim less any identifiable data).

 

Regards

 

Andy

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Thanks Andy

 

POC is

 

1. THe claim is for the sum of £xx in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number xxxxx upon which the defendant failed to maintain payments.

 

2. A default notie was served upon the defendant and has not been complied with

 

3. By virtue of a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter.

 

My defence :

 

I deny any indebtedness to the claimant.

I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full

and complete defence under the circumstances.

 

Defence (continued)

The Defendant respectfully requests that the Court stay (Suspend)

the proceedings under Practice Direction 4.6 (1) until the

claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail

to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of

the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to

strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

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Ok scary lets wait until they respond and if so the completion of the AQ.

 

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

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Well you have put them to strict proof to disclose what their claim is founded on..if they are unable or the DJ instructs disclosure they may well back off...as stated lets see what response is attained.

 

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

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