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    • Thank you Bankfodder.  I used the term frustrated agreement purely based on my own research and what I found on the Govt's website, especially in relation to Covid.  My situation appeared to fit but if it doesn't, it doesn't. The length of time the actual works themselves will take is not written into the agreement but I was told 2 weeks, they are doing the interior ceiling and electrics too. I was prepared to accept the new date of 7th Dec until I was told I couldn't speak to their Director for two weeks and then found out that they haven't applied for building regulations yet, this is something else they are doing on my behalf.  As they can't order anything until they have the regs through I can't see how the roof is in the process of being made (which is what they keep claiming). I contacted the CAB as I wanted this wrapped up for the weekend and had two conflicting recommendations on this forum.  One to just let the credit card company handle things and others saying I must give more time.  I'm not complaining, am grateful for advice - just getting more and more confused as to what I can/can't do. If I can avoid it at all I would rather not go through another 6 weeks of this, waiting for them to prove that they can't manage the Dec.date.  By that stage it could well be feasible that the roof is in the manufacturing stage, where as at the moment it can't be, which would further complicate things. Based on all this and what the CAB said I sent the email below last night and received Homeview's response this morning. If it came to it that I retracted what I've said and allowed them to go ahead for 7th Dec. and they didn't manage that date, wouldn't it be the credit card company that would recover the deposit - not me?  BTW I raised a dispute with Capital One last night. Email.pdf
    • oh dear  i think you are in for a big shock   i doubt very much the loan is settled there will be £100's in unlawful fees i bet   we have numerous threads here about them in 2016 they were residing at   PO Box 1044 ipswich IP1 9YA   i would be sending them an SAR  don't ever ring them.   have you checked your deeds online recently? check they are on there. and has the loan ever been subject to legal action?   if not that would be a rare thing to us.   https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=Skye Loans&oq=Skye Loans&gs_l=partner-generic.12...0.0.1.951169.0.0.0.0.0.0.0.0..0.0.csems%2Cnrl%3D13...0.0....34.partner-generic..1.0.0.1dXrS2w9t2c    
    • doesn't say will anything. read it properly and carefully.   only the owner of a debt can get one of the many fake/tame paperwork only solicitors to issue any proceedings and they would have to abide by the courts pre action protocol of 30  days letter first!   as it's owner...i can try and instruct my dog to sit, if it does is a totally different matter. if my neighbour, who doesn't own my dog, tries it, it would ignore them.   the bottom line is there is nothing anyone can do to you. gyms don't do court gym debts don't appear on credit files.   any DCA they might get to write to you ARE NOT BAILIFFS any a DCA has ZERO legal powers on any debt, no matter what it's type.   dx    
    • This letter arrived in the post today, please advise how to proceed. I know the forums say they won't action but am very worried about this
    • go save his bacon clint and put him right...   dx  
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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.
       
        • Thanks
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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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Recommended Posts

Looking for consumer law assistance.

I signed up on a website for their offer of a free service

in the Terms of Use of the services, there was no mention of price, contract or length they would provide the service but

there was a mention that they would continue processing my personal data for 5 years. The lawful basis was for contract reasons or legal reasons.

i have tried to cancel the service so they stop sending me the information by post and email, but they are stating that the contract for the service is for 5 years and they don’t need to stop processing my personal data and they consider the contract as still in effect. My feelings are there is no contract, merely a gratuitous promise by them to provide the service. Is this correct:

1. They made an offer for providing the service for free

2. I accepted the offer by signing up for the service

3. Their consideration was the actual service and implementation of that service

4. As the promisee I did not provide any consideration 

5. Thus there is no contract

 

they are saying there is a contract, they will not cancel it, and my consideration was the signing up for the service, and the obligations they set out in the terms. The obligations under the contract are obviously not consideration but what about the signing up for the service. 
 

how can I get them to cancel any alleged contract and remove my personal data?

 

thanks

 

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It would be helpful if you started off by telling us which company you're dealing with and also provided a link to their terms and conditions.

Also, the service that apparently was being provided?

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Posted (edited)

report to the ICO as even with a proper contract for goods and services you can ask that they no longer PROCESS your data. this isnt the same as deleting it, mind.

I successfully sued a company that processed my data after I told them to stop and that didnt involve me buying anything, they just hit their " send all marketing" button by accident but tough, it cost them £250

Edited by ericsbrother
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  • Andyorch changed the title to Consumer Contract Law
  • 3 months later...

Did the contract say " I agree to pay" or anything similar? Did you supply credit/debit card or bank details?

 

 

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry, and how  long ago was this?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

 

I think you also need to send this company a Subject Access Request (SAR) simply asking for 'ALL DATA' that simple phrase covers whichever format they hold it in whether it be written, email phone recording etc.

 

They then have 30 Calendar day to respond only once they have acknowledged receipt of your SAR request. note a SAR if now Free

 

As for them stating they don't have to stop processing your data they need to comply with the General Data Protection Regulations 2018 (GDPR) which is now part of Data Protection Act 2018 (DPA)

 

This link breaks down the GDPR so its easier to understand your rights: 

https://www.privacy-regulation.eu/en/index.htm

 

 

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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