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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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Capquest purchased old LTSB 2007 Credit Card account - No CCA


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Your CRA file doesn't show any positive balances, only negative ones. The absence of a negative balance only implies that the actual balance is greater than or equal to zero. So they can't find out how much cash is in your bank account that way.

 

Once they have a CCJ for the debt concerned, things change. You would be required to reveal your financial circumstances if you wanted to pay off a CCJ in instalments and the court officer would ask to see bank statements. If you don't pay then you can be ordered to provide this information. Some creditors would just go straight for an Attachment of Earnings Order.

 

In theory, after getting a CCJ, they can also apply for a Third Party Debt Order to force your bank(s) to reveal your balance and then to seize the money concerned. These are extremely rare for individuals, since the creditor has no way of knowing which bank you're actually keeping money in, whether the order will actually work, and if there is no money then the order is a waste of time, because it is only effective for one enquiry.

 

It is possible that DCAs share information amongst themselves about bank balances, almost certainly if one DCA is handling multiple accounts, but this sort of practice is probably highly dubious!

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When you say 'unenforceable', are you referring to a pre-2007 account? There are a lot of threads about that on here, because it's quite a minefield.

 

Or do you mean Statute Barred, in which case when was the last payment made (it needs to be more than 6 years ago to be unenforceable through the Courts)?

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It sounds a bit like debt avoidance to me.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Would make it unenforceable in court, but they can still chase you, mark your credit file, and gain a CCJ. They just cant enforce the CCJ. Perhaps make them a very small F&F?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Nah, not interested in f&f, they'll mark my credit file as partial satisfied and flog on the rest to another DCA.

 

Original creditor has already marked my credit file with a default three years ago, so my file is trashed. Don't need, want or use credit any more so not too concerned with my credit file.

 

I've been chased continuously over the last three years by a succession of DCAs so unless they go ahead with legal proceedings, I can cope with the chasing.

 

Confused?? How is it possible to obtain a CCJ whilst at the same time it being unenforceable in court?

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well theres no point in them going to court if they cannot enforce the judgement

 

so to all intent and purpose they don't bother

 

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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Depends who the creditor is Some DCA's are vindictive and if they cant get money out of you, theyll take you to court and try and get a CCJ just to ruin you for the next 6 years.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Capquest is the DCA, heard they're a pretty nasty bunch.

 

I'll treat them like the other DCA's I've dealt with - polite, keep to the facts and hopefully convince them I know what I'm talking about and won't be intimidated by the threat of court action.

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Be careful with crapquest, they will call your bluff, so make sure you have all the paperwork and evidence ready, just incase they go through with a claim.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 9 months later...

As the title states, does anyone have an arrangement with a DCA for communications via email?

 

Can I insist upon communications via email or is any such arrangement at the discretion of the dca?

 

I've received letters from DCA's recently where the difference between date on the letter and date received is several days.

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Who is the DCA in question?

I would say Yes to this. I have done this with Lowell as it's just as valid as a normal letter.

Make it clear to them that you want to correspond via email only.

 

We could do with some help from you.

 

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

 

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Receptaculum Ignis

 

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Great, DCA in question is capquest.

 

There's some freeware software that tracks and confirms when a sent email has been delivered and viewed, any ideas on the name, I think it's pig something?

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As the title states, does anyone have an arrangement with a DCA for communications via email?

 

Can I insist upon communications via email or is any such arrangement at the discretion of the dca?

 

I've received letters from DCA's recently where the difference between date on the letter and date received is several days.

 

- so what? is this causing you issues

 

don't forget DCA's are NOT BAILIFFS

 

they have

 

NO SUCH LEGAL POWERS

 

tell us the story please

 

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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In addition to the issue mentioned above, I sometimes work away for a couple of weeks and with nobody at home, letters lie around unanswered for a while. It's not worth setting up mail forwarding as I'm living in different hotels on the most part whilst working away.

 

Whilst I loathe the parasites that are DCA's generically and capquest specifically and do everything in my power to frustrate them as often as possible, I don't want to appear to ignore letters when in reality it's a combination of them falsifying their letter dates and me being away from home for a bit.

 

Anything that prevents them or gives them an excuse from pushing my case to the top of the litigation pile, gets my attention.

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whats this that Lloyds credit card debacle?

 

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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I've been communicating with various DCAs around an old LTSB CC for years and with capquest having purchased the debt from Lloyds, they are beginning to get somewhat more aggressive in their stance of late.

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I bet its SB by now anyhow

 

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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you sure

 

having merged 17 threads on the same debt of yours

 

it starts around 2007?

 

please keep to one thread per debt!

 

else it makes a mockery of past advise

 

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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