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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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  • 3 weeks later...

So I've just received a letter back from Lowell who are the DCA for Vanquis stating:

 

 

"We've requested a copy of your original credit agreement and we will reply as soon as possible but this does depend on when your original lender can send it. We will let you know if we do not hear from them in time."

 

 

My questions are -

 

 

1. does the 12 days start from the date on the letter I sent them or

 

 

2. the date they received it or

 

 

3. the date I posted it?

 

 

3. does it start from the date they requested it from Vanquis?

 

 

Sorry - so many questions!!

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I've just got a letter back from Lowell stating:

 

"We have ordered statements on your account. As we have requested these from Vanquis, it may take some time for them to be returned to us. During this time your account has been placed on hold."

 

They go on...

 

"In the meantime there is no need to contact us again regarding this matter, however, should you wish to speak to someone (yeah right!!) in our Customer Service team please do not hesitate to call on 08448444716"...

 

Where does that leave the CCA request and what are my next steps, please?

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Until they can comply with your CCA request they should not be contacting you. The actual timescale is 12 days from their receipt which is classed as 12+2 days from posting. You need to remember there is no actual penalty for not complying with the request only that they can not enforce the debt until they do ( They could issue a claim and hope it was undefended but that's a bit naughty and can be dealt with)

I am guessing that the agreement is post 2005 and possibly post 2007. If it is post 2005 then it could be an electronic signature and if post 2007 they do not even need a legally compliant agreement , all they need to do is fulfil your CCA request.

Having said that my Vanquis account has no valid DN and is purely an application form, so far so good, in fact I think if memory serves me Lowell have written it off

Any opinion I give is from personal experience .

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Thanks fletch :)

 

So, do I stop the monthly payment I am making to them? Or shall I keep it going?

 

Is there another letter I need to write after the 12 + 2 days is up (on 9th Feb)?

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There is no letter you need to send especially as they have replied. As for stopping payments that is a decision only you can make . I stopped but I wasn't working and had no income. Sorry if that's no help but I can only tell you what I did as I don't know your circumstances, work, assets, home owner etc

Any opinion I give is from personal experience .

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  • 1 month later...

Good evening all,

 

I've received my CCA paperwork from Lowell... However I think I have a problem....

It is a very bad photocopy of the electronic application and a statement.

I do not *feel* this is right but I'm not sure where to go now.

Is this it?

From what fletch said above there's no Default notification.

But I'm not sure whether there's anything I can do now or just start paying again?

 

In their letter they state that they consider this to comply with the CCA sections and that they purchased the account from Vanquis and they are entitled to receive payment of the outstanding balance.

 

There are also lots of lines on the "statement" that say: Billed finance charges purchase interest - I have no idea what this is! This basically goes from June 2011 to January 2012 and adds up to well over £200.

 

There is also a copy of some generic T&C's enclosed which are really badly photocopied and feel wrong (I could be wrong, but it just doesn't feel right)

 

Some advise please guys?

 

Bump - anyone, please?

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You may have answered these

when did you take the agreement out?

How many sets of term did you get, why do they feel wrong

Did you ever receive a default notice as opposed to a notice of default sums?

Any opinion I give is from personal experience .

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According to the paperwork it was taken out on 15/9/2010

 

Just one set of T&C's (really small lettering and a bad photocopy)

 

Never received a default notice

 

It's just a really bad photocopy

 

I thought I read on another thread that they have to give you the original documents....

 

I'm not sure why it seems wrong, maybe I've been reading too much and got myself confused :)

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Has to be legible to be compliant.

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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tbh , with your ac starting in 2010, you are not going to get very far with the cca route

 

very easy to comply

 

Big1978 said:
Thanks fletch :)

 

So, do I stop the monthly payment I am making to them? Or shall I keep it going?

 

Is there another letter I need to write after the 12 + 2 days is up (on 9th Feb)?

 

stopping payments will leave you open to litigation

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Not quite. They still need to comply with a S78 request and they do still need to comply with other aspects of the cca such as DN and annual statements etc. Yes stopping paying is a risk. I have recently had a 2008 debt written off by lowells .

Any opinion I give is from personal experience .

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Thanks guys! Fletch - should I write to them now then?

I'm obviously wanting to pay, but I read so much about bad DCA's that I want to make that Lowell are acting correctly.

 

When do they need to send a DN?

It's possible I got some from Vanquis but obviously I was going through a break up and wasn't at the address.

 

That being said I've NEVER received a statement or DN from Lowells since they acquired the account.

Do they still have to do these things?

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You need to check EVERYTHING about a debt if lowells have their grubby hands on it. Dont blindly pay simply because you are panicking.

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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There are a few things to think about

1) Do you own any property or other substantial assets? I am thinking here about how financially viable it could be for them to take action

2) The DN should have been issued by Vanquis before the debt was sold , I believe it may be too late now to fix that

3) The terms and conditions , do they have the interest rate on them, I may be wrong but they need to include a total cost for credit and I know on mine it was very vague and the interest rate varied depending on your credit limit. Sadly though an improperly executed agreement is no longer grounds to make the debt unenforceable

 

I would be sending back a letter saying they have not complied with your S78 request because the alleged agreement is illegible

 

Do you have any funds available to maybe make an offer in the future , only a small amount though

Any opinion I give is from personal experience .

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  • 2 weeks later...

Thanks for your reply Fletch:

 

1) No no assets or property

2) Should I mention that in the letter?

3) I'll check that (if I can find a magnifying glass!!)

 

I'll do the letter and offer them maybe £200 as full and final settlement? Or is that too low (is pretty much what I can afford as a lump sum)

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Hi Big

All I can tell you is what I did which was with a few bigger debts I wrote to them saying look not only do I dispute the account because..... but I have no job no money and no assets with no prospects in the short or medium term but if you believe that you can win please issue me with a statutory demand and make me BR as you would be doing me a massive favour. If you do issue the SD I will not contest it

 

Of course I was fully prepared to go BR but didn't have the money, I haven't heard a word in a good while now.

 

I would not mention the DN , keep that up your sleeve just in case

 

P.S. just how much is the balance, I would not offer a full n final but there again if I had a few spare quid I might just to be rid

Any opinion I give is from personal experience .

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  • 5 years later...

open

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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  • dx100uk changed the title to Vanquis debt sold to lowells

where the CCA return from lowells?

 

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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we've seen that already today.

 

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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