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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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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Ding Ding... Round 5, MKDP/Barclaycard/Goldfish/MSDW v Spam.


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Ok Here we go,

 

Barclaycard seem to be dusting off a few accounts and getting hissy with them.. both of mine included..

 

They have now decided that despite my regular payments and the fact that I 'cut up my cards' and shredded the cheques when this account was held by MSDW they don't want to play nice anymore and are demanding full minimum payment and will be charging full interest again...

 

I have this argument with Lloyds at the moment whereby I don't understand how they can withdraw the facility of a running credit agreement and yet still expect the consumer to pay interest and charges on the account...:confused: where in the T&C's does it say that they can do that??

 

My instinct is to put the account in dispute...

 

Any advice please..

 

Thanks.

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Spammy,

 

I've re-read your thread and see this a/c has an enforceable agreement.

 

Are there any unlawful penalties on the a/c which you can reclaim. Consider claiming interest at their contractual rate as well - you could put a significant hole in what you owe.

 

The penalties issue is the only way you can put the a/c back into dispute.

 

If you want to get them to stop adding interest and charges to this, or any other a/c, you may get a better result if BC are approached by a 3rd party on your behalf. Maybe CCCS, National Debt Helpline, etc - Debt: Where to Get Help - Consumer Wiki

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Thanks Slick.. :)

 

This account was with a DMC but I gave them the boot because they led me slap bang into a CCJ... which I have recently had set aside.

 

I appreciate what you are saying about the account being 'enforceable' which is why I continued to pay, but I see nothing on the T&C's which are supposedly linked to the application form that says they can withdraw the credit facility and sill expect minimum payment and add interest and charges.

 

That is what I would be disputing....:confused:

 

It was just a thought because, on clause 7 it says they may on occasion allow reduced payment according to condition 6.8 but I don't have a copy of condition 6.8.. :cool:

 

Thanks again,

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

 

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Fair enough Spammy,

 

I was just going from what was said, by Steven4064 (via me) on page 2, about the agreement.

 

If The Shadow thinks there's still reason to question the agreement, try it by all means. I have no doubt the CC Co's are willing to try anything, including knocking up replica documents using "cut and paste".

 

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

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Hi Slick..

 

Please confirm about whether there are charges or PPI on the a/c which you could reclaim.

 

Sorry I missed that bit before, :oops: unfortunately, up until the time I fell into difficulty I believe I always managed to pay the minimum payment on time, so as far as I'm aware no charges, but I will double check my SARs ...I definitely never had PPI though.

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Of course purely playing devils advocate here, although what they sent "looks enforceable" I think it more likely its a scan of an a4 application with the terms and conditions "supposedly" from the rear on the bottom of the page?

 

What does interest me is the column/block of text underneath the all cards protection section, I note it says this agreement is subject to terms and conditions but can you read anything that says "overleaf"?

 

S.

 

Hi Shadow,

 

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..:rolleyes:

 

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

 

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

 

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

 

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

 

Any advice appreciated,

 

Thanks,

 

Spam. :)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Hi Shadow,

 

Thanks for your input, sadly this one has been on the back burner for a while because life got in the way..:rolleyes:

 

I can't see anything which says 'overleaf' but then again the copy is so tiny I am straining to read it anyway.

 

sorry had a couple of days away so not able to reply until now.

 

Yep its not the best, you could ask them for a clearer copy if you feel its illegible, especially anything terms and conditions related.

 

I have gone through my statements again and found two late payment charges.. one for £20 in 2005 and one for £12 in 2007.

 

Should there be a table of charges on the T&C? because I can't see one on my copy if there should be..

These dont have to be in the signature document, they can be an ancillary document that is given to you after... only the Prescribed terms are essential to an agreement that you sign.

That coupled with no signature from MSDW and the liklihood of it being a microfiche copy would you think it grounds for dispute??

Is there not a stamped date or anything similar on the doc, if they havent signed it then the documnet is not properly executed and is unenforceable until they take you to court to get it enforced... this they can only do if it has the prescribed terms on the document. [Judge Lottery permitting]

 

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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  • 5 years later...

Hi all,

 

Here we go again.... hopefully for the final time. :|

 

Name of the Claimant ? MKDP

Date of issue – 10.12.2014

 

 

What is the claim for:

 

The claimant claims the sum of £4,***

being monies due from the defendant to the claimant under a regulated agreement

originally between the defendant and Barclaycard.

 

The defendants account number was **** **** **** **** and

was assigned to the claimant on **/**/2011.

Notice of this has been provided to the defendant.

The defendant has failed to make payments in accordance with the terms of the agreement and

a default notice has been served pursuant to the CCA 1974.

 

The claimant claims the sum of £4,*** and costs.

The claimant has complied,as far as is necessary with the pre action conduct practice direction.

 

 

What is the value of the claim? £4,***

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Before 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. - Debt Purchaser.

Were you aware the account had been assigned

– did you receive a Notice of Assignment? Unsure, have received a copy since I requested one after their first threat of action.

Did you receive a Default Notice from the original creditor?

 

No, I received one from Mercers which was not in prescribed form and didn't contain Barclaycards Name and address.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? The account was in dispute with Barclaycard since 2009.

What was the date of your last payment? Token payment around February 2010... to be confirmed

Was there a dispute with the original creditor that remains unresolved?

The Original creditor was MSDW,

who allegedly assigned the account to Goldfish Bank

who one day turned into Barclaycard.. Don't recall notification of this

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes... with MSDW

 

AOS was sent on 12.12.2014.

Believing that MKDP were gearing up to litigate, and I was moving home

I advised them of this on 21.11.2014

and gave them my email address in order for them to communicate with me.

 

On 25th 11.2014, they sent their Letter before action to my previous address.

I eventually received it after re-direction and also after the claim form,

which miraculously arrived at my new address.

 

I believe they have done this purposefully because I was about to take my complaint of harassment

and unlawfully updating my credit file to the Financial Ombudsman.... or am I just being paranoid..:-D

 

CPR31.14 request sent via email on 14.12.2014 due to Christmas post... requested an acknowledgement email... they didn't send one.

 

I requested another one by snail mail on 16.12.2014.

 

Previous requests under CPR 31.14 have after 18 months yielded the Mercers default,

a re-constituted credit agreement and the Barclaycard 'Notice of assignment' to MKDP..

.. but was it Barclycards 'legal property' to assign in the first place? That was never established.

 

Here endeth the first posting...

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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have you CCA'd since the claimform?

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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No I haven't... due to the defaults on my credit file I have been unable to get a 'bank account' so can't send a cheque.. Also since moving I haven't managed to find a fully fledged Post office to get a postal order..

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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Send a blank postal order. No need for a cheque

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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Ok, thanks.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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co-op do an account

online application and with a debit card.

 

 

CCA request

don't sign the letter nor the PO

leave it blank.

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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Cheers, I do have a debit card, I'm just not allowed a current account with a cheque book... which makes life difficult on one occasion... this one. C'est la vie.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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no because you should be sending them anything with your sig on it!

 

 

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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Since the thread merge, this could get difficult to follow!

 

To clarify... In 1998 I had a Goldfish card issued by HFC... Eventually Barclaycard got hold of it and the fun began. Nothing seems to have come of that one and I believe it will be statute barred as of 2015

 

In 1999, I had an MSDW card, Goldfish bank took over it, then somehow Barclaycard got their finger in that pie too and more fun ensued.

 

The claim from MKDP is for the MSDW/Goldfish/ Barclaycard account and NOT the Goldfish/HFC/Barclaycard account...

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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sorry

sorted.

 

 

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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No worries dx :-)

 

s78 request sent today, also acknowledgement received from MKDP re CPR 31.14 request, advising me they will be requesting stuff from the original creditor so 'may be some time' :roll:

 

Can anyone advise me with regards to the assignments from MSDW to Goldfish Bank to Barclaycard etc.

 

Is it my responsibility to request copies of these alleged assignments or is it up to MKDP to prove that the paper trail is in order?

 

Also, Barclaycard changed the account number from the original one given by MSDW... should I be requesting anything for that?

 

Many thanks for input so far,

 

Spam

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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If submitting a holding defence you would putting M K to submit proof of the assignments you mention, not provide it yourself. I wouldn't be surprised if they can't as they seem to specialise in acquiring undocumented trash.

 

That said, pls don't place whole-of- book sales [eg MSDW selling Goldfish to LTSB then LTSB to Barclays] on a par with the sale of portfolios of bad debts to debt purchasing scavengers. The former would of course be supported by adequate documentation which even M K might prove capable of obtaining.

 

No mileage in change of account no. upon assignment. Standard and valid practice.

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  • 3 months later...

Thanks for the reply Oleg.

 

 

MKDP have recently admitted that they will be relying on a reconstituted agreement at the hearing in a couple of months.

 

I understand from reading CAG that as the alleged agreement pre dates 2007... apparently it was 1998/1999, then they must produce the signed agreement in order to enforce it at court.

 

Is this correct? I f so where would I find the legislation for this.

 

Many thanks :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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you need to study the carey vs hsbc judgement.

 

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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SUMMARY OF FINDINGS

 

  1. The following is a brief summary of the principal findings and conclusions set out above:

    (1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

    (2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

    (3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

    (4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

    (5) If a creditor is in breach of section 78 this does not of itself give rise to an unfair relationship within the meaning of section 140A;

    (6) The Court has jurisdiction to declare whether in a particular case, there has been a breach of s78. Whether it will be appropriate to grant such a declaration depends on the circumstances of that case;

    (7) In assessing whether Prescribed Terms are "contained" in an executed agreement the principles set out at paragraph 173 above are relevant. On the assumed facts set out at paragraph 177 the Prescribed Terms were so contained;

    (8) The claims that there was an unfair relationship and an IEA in
    Adris
    should be struck out or dismissed. The claim that there was an IEA in
    Yunis
    should be struck out or dismissed. The absence of any positive pleaded case or evidence as to the circumstances of the making of the agreement by the debtor concerned was fatal to the IEA claims. The absence of any positive plea or evidence as to particular facts relied upon in support of the unfair relationship claim other than failure to provide a s78 copy, was fatal to that claim.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Many thanks for that SabreSheep.. It has saved me a massive amount of head scratching... :-)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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No problem

 

There are other important bits in there as well. enjoy the read

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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