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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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I'm sorry if this is a silly question but I haven't been able to find the answer through searches.

 

If a debt collector can only provide photocopies, is a debt enforceable?

 

I have done a Subject Access request, and a follow-up when I received much less than I was expecting.

 

I used a template from here so included the clause that failure to supply documents would confirm that they did not exist.

 

All documents relating to the debt I'm dealing with are photocopies.

 

If they do not have the original CCA, is there anything they can do?

 

My concern is of course, it is easy to doctor a photocopied document.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

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Hi - my understanding is that copies are fine (even ones that are "re-constituted"), its just IF the matter ever goes to court then they must produce the original.

 

If you think about it if the original agreement allows them to take you to court and claim ONE MILLION POUNDS (with suitable Doctor Evil laugh), then the document is worth ONE MILLION POUNDS. That being the case it would be foolish of them to send out such a document and it get "lost in the post".

 

Sorry to have put a bit of a downer on things.

 

Things to consider:

- the age of the debt - is it over 6 years since you have made a payment or agreed in writing that it is yours?

- are all the terms and conditions mentioned in the agreement present in what they have sent you?

 

The members of the site team will be able to provide more specific and accurate advice soon.

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bit of a silly question if you think about it........

 

 

if they send the originals

 

you destroy them

 

can they go to court on a copy they took before they sent you the originals?

 

tell us about the debt please

 

the days of using 'paperwork errors' to wriggle out of debts are long gone

thanks to the antics of these get out of debt spoofing companies

 

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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they do, but you still need to becareful that you dont hit the judge lottery

 

it would be a fool who stands infront of a judge and claim 'a paperwork error'

means the debt is not theirs when there is a clear financial link and records of past use/payments.

 

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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Thank you all for input. Having re-read my post, I can see how it might look like I was expecting them to send me originals, but I was not. Sorry, my mistake.

 

Basically, I'm wondering if they do not have the original, what difference this would make. The copy of the Credit Agreement I received was a photocopy of a fax, and a poor one at that. They claim the original lender has no paperwork anymore so I'm wondering if when the debt was transferred, the original Credit Agreement has gone walkies and all they have is a fax.

 

This is only one of several issues with the debt I am helping to deal with, on behalf of someone else including harassment, breach of OFT guidelines, no proof of proper assignment etc. This would just be an additional part of the case. There are several aspects I'm experienced in challenging but this is just something I'm not clear on.

Settled Tribunal claim against employer regarding Disability Discrimination.

Recovered my money from an AXA Bonus Cash Builder Plus after discovering here on CAG that the original advertising was found to be misleading.

Cabot still can't provide a copy of Credit Agreement and have left me alone for about a year now.

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For a pre April 07 credit arrangement not taken up online, they would probably need the original CCA, if it went to court. But normal judge lottery would apply, so arguments would have to be properly made, if a court claim was every received.

 

The DCA has complied with the CCA request arguably and therefore you have reached a standoff position. They will say no dispute so pay up and you can say that you are not satisfied that the CCA request was fulfilled properly, as the copy of the agreement is poor and lacks relevant t&c's that would have applied at the time.

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You might find it useful to read a high court case called Kotecha vs Phoenix

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.

 

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