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    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
    • Thanks both,   The only thing I am still not clear on is there were 4 DCA's that were reporting on my credit report and as I complained they have stopped BUT there is no default date on these debts. Can they start reporting these debts again on my credit report if I stop paying.   When I tried to re-mortgage a few years ago I was refused as these 4 were showing as in a DMP. Ofc they are not now as I told them it should have defaulted BUT they werent actually able to add the default date - so in theory could this happen again.   Thanks so much for your help
    • I'm afraid these kinds of stories are all too common with this company. The impression is that they're not too interested in installing and maintaining heating systems – but rather the finance behind it. Did you do this on some kind of finance agreement? Was it secured on your property? You seem to be doing everything on the telephone – and I think it's about time you started establishing a paper trail. You may end up having to arrange your own service with their authorised installer and if that doesn't happen then you may end up having to get in your own repair person. Of course ASG will then say that you are in breach of their warranty et cetera and that they are entitled to recover all their money back. You will have to show that you are a paper trail in them on notice and that they're not responding and then eventually you had to take matters in your own hands and organise your own repair – for which you would be going to them for reimbursement and also you would have to establish that you had no choice and they are fully liable – including the not allowed to dishonour a warranty. I'm afraid the stories we are getting about this company are dreadful and frankly very distressing
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

RBS Credit card CCA return from Cabot.


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re:

https://www.consumeractiongroup.co.uk/topic/417497-ive-been-with-gregory-pennington-for-10-yrs-should-i-leave/

 

I've had the response from cabot..

syaing they have now found the cca..

but mention something about it may be reconstituted?

 

I've posted them up here

 

..any thoughts anyone ?

 

 

 

 

cabot.pdf

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does the general conditions have you name and address on them?

did you refinance 2 cards to this 0% one as per the docs?

and this was in 2010 so if you opened the DWP 10+ yrs ago was this added to the plan at a later date or was the card taken out earlier than 2010?

 

 

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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Im not sure about the general conditions, but they did quote my name and address at that time on the agreement with Rbs.

 

I can't remember about 2 cards going onto this one ..I think this was a backup card for emergencies but I can't remember.

 

as for when it was taken out I'm not sure it must have been when they say but It was added to the original dmp.

as the amp didn't get in place till oct 2010.....its a long time ago 

 

the only docs I have are in the pdf attached above !

 

 

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what im saying is the T&C must contain your name and address

they don't?

 

the agreement looks ok to me

but it refers to external T&C's and I don't think they are the ones you got.

just something from the DCA's filling cabinet

though stuff post 2007 changes are difficult to comment upon. 

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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there is a big difference between being considered enforceable under the consumer credit act [though any DCA weill say that whatever they send], with it being enforceable in a court of law.

 

you need to get reading up

you've been here long enough to have at least start to read other like threads in this forum or the debt self help one.

 

a dca is not a bailiff

and have

zero legal powers

 

they'd also have to use one of their tame solicitors to issue a letter of claim first.

 

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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