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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.
       
      • 3 replies
    • 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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Danske Bank uk card since 1999 & CCA request sent


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Bazooka Boo,

Following a CCA request made to my bank with regard to a credit card I have held with them since 1999, I received package containing statements they retrieved on the account dating back to the beginning.

 

The included letter stated they were unable to provide a copy of the original agreement which is obviously what I wanted.

 

However, I have since been looking around for a suitable template letter of reply without any success, so was wondering if you might have one?

 

Can you also clarify when the account does actually enter into a state of dispute?

 

I was under the impression this occurred on the date and time the bank signed for and accepted delivery of my initial CCA request, but since then received notification that my non payment of the credit card bill has already been placed on my report

 

. Please confirm.

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" The included letter stated they were unable to provide a copy of the original agreement "

 

There are no templates...you dont chase a CCA request...they have given you their response above......there isn't one.

 

 

Andy

We could do with some help from you.

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Thanks for your reply Andyorch but isn't there a need to confirm my position on the matter?

 

I ask because I have seen letters others sent to DCA's explaining their rights, what and what not the DCA can do when an agreement was not provided.

 

This bank has obviously not accepted the account is in dispute so should I not write and insist they remove the information they have placed on my credit reference?

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The position is confirmed...you legally requested a copy of your agreement pursuant to section 77/78...they had 12+2 days to comply.They have made a response stating that they are unable to comply and provide a copy.

 

Therefore they are in default of your request and as such.......

 

4)If the creditor under an agreement fails to comply with subsection (1)—

 

(a)he is not entitled, while the default continues, to enforce the agreement.

 

https://www.legislation.gov.uk/ukpga/1974/39/section/77

 

You dont have a right to have adverse data removed from your credit file..the two points are not connected......unless its not your agreement and someone has fraudulently take credit in your name.

We could do with some help from you.

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Do you have your own thread on this? If not you need to start one so these two don't get mixed up.

 

 

They failed to send you a copy of the CCA, therefore, you can LEGALLY STOP paying them and get yourself out of the milking parlour.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Should not be on your credit file surely?

Defaulted +6yrs ago??

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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Done...please continue to post here to your thread.

 

 

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

 

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Cheers Andy....

 

 

 

OK xma, the bank has informed you that they don't have the original, they should have also told you that they believe it is unenforceable due to them not having the original, it matters not that they have sent you reams of other guff to show the use of your account.

 

 

STOP any payments to them, just confirm that this is NOT showing on your credit files??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi,

I checked my credit file this morning and nothing had yet been reported on it. I may have misunderstood what was being said... "As required under the Consumer Credit Act we have included a Notice of Default Sums in relation to this charge".

 

 

This note was included on my monthly cc statement because I stopped paying last month after sending the initial CCA request letter which they received 3 days before the payment was due. As mentioned earlier I assumed that once they had signed for the letter that the account was then in dispute.

 

 

The only other time I failed to meet the monthly payment was when taken ill and hospitalized a default notice was added, then removed after I explained. Do they have the right to add this information to my credit report?

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A Notice of Default Sums is a requirement for all creditors to comply with after changes made to the CCA1974 2006...it is not a Notice that a default marker will be placed.

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

 

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  • 1 month later...

Hi,

Since last time we spoke the only form of correspondence received from this bank has been their credit card statements asking for the monthly payment with notes including demands for payments to be made and notification interest charges were still being applied. I wrote back informing them that as they failed to provide an original copy of the CCA agreement the account was in default and unenforceable and I would not be making any further payments to the account while it remained in default.

 

 

Yesterday I received a phone call from one of their staff asking questions attempting to prompt answers from me and her manner led me to believe the call was being recorded. The only thing I agreed on was that the card was issued to me and then told her to put anything else she had to say in writing. The call ended with her spouting FCA regulations were in place giving financial institutions a 56 day period to 'come up' with the original agreement, stating they have up to October 2nd '18 to provide the CCA.

 

 

At this point she went into a kind of 'small print verbal advertisement' mode which as well as a warning, I think also included a threat of court action. In one respect I was a bit alarmed at the reaction but on the other hand was happy because I did not realize there was a time restraint set by the FCA. The staff member is claiming that the response from them saying they did not have the original agreement should have read, they could not retrieve it and NOT that they didn't have it.

 

 

#1. Can you please verify if her 56 day claim is true and more importantly the date this period would commence?

#2. Is there any action I should take?

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Already advised in post# 4...12+2 days.....there is no 56 days.

 

No action required...apart from stop talking to them on the phone.

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

 

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who's the bank and what is the debt?

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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When they ring, laugh and hang up.

 

 

It couldn't be easier.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Eh was this a uk card?

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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Retitled and moved to other institutions forum

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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Hi,

Since my last post I have now received a letter from this bank informing me that they are looking into my complaint, assuring me of the 'very high standards they set', that they hope to get to the bottom of things within 20 days, but if they do not will write to inform me they are trying hard, or something to that effect.

 

 

Today I again received the monthly statement for this credit card along with a default notice stating if the arrears are not paid within 21 days they might choose to terminate the agreement and demand full payment. They go on to say they may instruct a collection agency or put the matter into the hands of a solicitor incurring costs which I will be liable for.

 

 

To recap, after receiving last month's statement I wrote to them explaining the account was in default as they had failed to provide the requested CCA agreement. These people either do not seem to accept this, do not correspond with their complaints department (who are handling my 'complaint' ) or are simply taking the p***.

 

 

Frankly their threats don't worry me, I am a pensioner living in rented accommodation with no money to spare after the rent is paid, I own nothing apart from an old television, computer and an 11 year old car which might soon be my home. Couldn't care less about what my credit file looks like as have little chance of borrowing again. They can do what they like because I can't pay, but having never been in this situation before I would ask again for your advice.

 

 

Should I simply ignore their threats until such time that a debt collector turns up or receive notification to appear in court? Or, should I be proactive and remind them that they still have not produced a signed agreement confirming I owe any debt to them? I know from reading replies to others on this forum that court action is unlikely whenever they have no proof of debt but ridiculous as it may seem, the staff in this bank appear ignorant to what is being said and I would prefer to shut them up.

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And its defintaley a Default Notice...not a Notice of Default Sums which was included in your July Statement ?

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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