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    • But if 'non-essential' retail outlets can still deliver even though they have to close the shop what's the reasoning behind not allowing supermarkets to deliver the same items?  I read a whole article this morning on how deliveries are fine but click and collect isn't.   And as an aside, what's he got against office supplies for everyone WFH?  I could have a whole other discussion about his allowing unlimited sales of batteries - can't work, can't clothe your children but you should devote your time to battery powered devices.  You have to wonder.
    • He is stopping retailers allowed to open selling what is on the Non Essential list as he says not fair supermarketys can sell what the shops he forced to close sell, he is looking at restricting online shopping to exclude non essential items don't think he can though.  Argos closed their retail outlets but are taking online orders for delivery.
    • It has been established in several cases that Delivering isn't parking, and in any case if it was the 10 minutes grace would apply.  they would be silly to take a delivery driver to court if on deliveries. Were you in a van or car?
    • So if you're expecting a baby in the next couple of weeks not only can you not buy baby clothes or bedding in Tesco but he also wanted to stop new parents getting the stuff online?  I'm sure I read somewhere that non-essential retailers who have had to close may still deliver.  Does this mean you can get non-essential items in your supermarket shop if it's delivered but not if you shop in store?    This sort of stupidity isn't to do with the virus, it's a pure power play surely.
    • PDF please so we can zoom  read upload   any road marking on private land are purely tarmac graffiti and have no standing in law. and anyway all speculative invoices issue for parking have a 10min grace period   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.
       
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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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Is My Agreement Enforceable - Useful


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Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

Suspect you're not going to get your agreement then andrew. Isn't that called 'cutting your nose off etc'?

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

 

Quite agree SteveH

 

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Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

What did you not agree to in the first place?

The Consumer Credit Act 1974 or;

the Credit Agreement.

 

In any event, you will need proof that a Credit Agreement exists therefore in your case perhaps a SAR would be a better option.

 

AC

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Why?

 

You can prove the £1 was sent for a CCA, you can prove they received it and cashed it and if they allocate that against the account so what.. You just need to remind them of their obligations and the requirements of s78.

 

S.

 

Quite So Shadow.

However, I have been thinking that perhaps there is another way;

send of the CCA Request minus the stat. fee;

the Creditor will then reply asking for the £1, stating that there is a statutory fee payable.

 

AC

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Re post #739 - Surely refusal to comply with a s78 request in itself does not render an agreement unenforceable but in dispute, which only means collection activities etc cannot be pursued while in dispute. They may still have an agreement that is enforceable should they comply with s78 & thereby revoke the "in dispute" status.

 

C

Edited by cadwallader
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What did you not agree to in the first place?

The Consumer Credit Act 1974 or;

the Credit Agreement.

 

In any event, you will need proof that a Credit Agreement exists therefore in your case perhaps a SAR would be a better option.

 

AC

 

Or, is it the securitization that you did not agree to?

 

Or, that it was your signature that the bank bought and paid you££££££'s for it. Therefore there is no debt. You sold your signature to them, they paid you for it. The books are balanced?

Edited by angry cat
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Or, that it was your signature that the bank bought and paid you££££££'s for it.

 

Was that the one that was accompanied by your soul? :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Either way I still won't pay. it is not legally binding to pay 1GBP as I did not agree to it in the first place.

 

 

You did agree in the first place when you signed your agreement, which was regulated under the CCA 1974.

 

If you expect any kind of protection from the CCA 1974, you, yourself must go by the word of the CCA 1974, including the £1 fee Section 77 & 78.

 

Just pay it, you tight arse, and let`s move on in the world.

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i think andrew, what everyone is getting at is that if you want the folk on the forum to help you, you will need to accept that the only way you are going to get anywhere with the creditors or dca's is to play by the rules that exist in the real world and not some doctrine of chairman Nuke em or whoever is filling your head with the details of the revolution that will never happen (well not before you have sorted your cca's out anyway)

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The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

Well, I have run this by someone who should know;

the answer was;

who's been on the Rum.

 

Sorry andrewdm, but if you beileve the above is founded on Admiralty Law, please provide the proof.

 

No offence intended.

 

AC

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well all gov'ts look at Admiralty Law as it is the basis from what I understand. I still refuse to pay the 1Pound charge as I have never heard of it and if so it should be mentioned. On top of that a contract is legally binding when two people sign it not just one. A corporation cannot sign contracts and if in dispute it is up to them to prove to you that they are in the right. To demand a pound is absurd. Banks are fraudulent. I do need to read some more yes but also people need to read further and think about what it is you are doing. Falling into their game or standing ground and fighting which includes not paying the so called 1GBP charge. People have been helpful to s certain degree in both ways both disrespecting and respecting.

 

 

So, for the sake of 1GBP you are going to forsake the statutory protection of S77/78 whereby the failure to supply a copy agreement renders the 'agreement' unenforceable?

 

Rather you than me!

 

By the way I've been sending recorded delivery letters asking for for 3 things one being the copy of contract. HSBC the party I started getting an understanding never asked for the 1pound but stated things. Now companies who lend may ask for it but it is not enforceable. You can choose to pay it or not. I choose to not as I am in dispute with them. They are the ones who lend money out so if they want the money they need to prove to you they have a contract with you. We have the upper hand as much as it seems they do. look at it that way. Look at it from a legal perspective whether there is one pound or not. What has to be proven is a contract exists between two parties. If there is no contract produced then case closed. They can't enforce it. More later but the help so far has been alright. Keep options open and look at all angles not just what supposedly right oh pay one pound for a copy of contract as it is a statute. Not law a statute.

Edited by andrewdm
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I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it.

 

 

They can say they did not recieve it but normally it does not get them far.

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well all gov'ts look at Admiralty Law as it is the basis from what I understand. I still refuse to pay the 1Pound charge as I have never heard of it and if so it should be mentioned. On top of that a contract is legally binding when two people sign it not just one. A corporation cannot sign contracts and if in dispute it is up to them to prove to you that they are in the right. To demand a pound is absurd. Banks are fraudulent. I do need to read some more yes but also people need to read further and think about what it is you are doing. Falling into their game or standing ground and fighting which includes not paying the so called 1GBP charge. People have been helpful to s certain degree in both ways both disrespecting and respecting.

 

 

 

 

By the way I've been sending recorded delivery letters asking for for 3 things one being the copy of contract. HSBC the party I started getting an understanding never asked for the 1pound but stated things. Now companies who lend may ask for it but it is not enforceable. You can choose to pay it or not. I choose to not as I am in dispute with them. They are the ones who lend money out so if they want the money they need to prove to you they have a contract with you. We have the upper hand as much as it seems they do. look at it that way. Look at it from a legal perspective whether there is one pound or not. What has to be proven is a contract exists between two parties. If there is no contract produced then case closed. They can't enforce it. More later but the help so far has been alright. Keep options open and look at all angles not just what supposedly right oh pay one pound for a copy of contract as it is a statute. Not law a statute.

 

boy, when one of them gets you to court you are going to be in for one hell of a (expensive) shock

 

i would be surprised if you do actually have any agreement to challenge and i suspect that you are just on here to promote the anti establishmente crusade

 

if i am wrong and you are genuinely challenging your debts then it's a fair bet you are going to have some pretty rude awakenings in court!

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I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it

 

it would be wise to endorse the back

 

"payment for CCA s78 request"

 

otherwise they may simply say "ta very much" and pay it into you account as a payment towards your account!!

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... and, as someone else ponted out, they may then claim you made a payment, which could be annoying if there was a limitation issue

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This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

Edited by car2403
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This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

 

The point of an open forum festertester is that anybody can post anything they see fit (within the rules of decency etc) & how others respond is entirely up to them. Sometimes arguments like this bring awareness & increase the debate on issues that may lead to progress being made for all consumers. So although you may not find these recent posts of interest, others might - it's called the democratic process.

 

If you have a particular point to make or question to ask in relation to your own problems, I suggest you start a new thread in the appropriate forum & you might get the help you are looking for.

Edited by car2403
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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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This thread doesn't seem to be much help. I only wanted a bit of advice about an agreement, and all it is is bickering about a stupid POUND **EDITED**.

 

Please read the forum rules before posting again.

Always happy to help where I can!

:lol:

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USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Dodgy CCA request?

 

Nat West responded to my CCA request 10 days over deadline. The document sent is according to them a "true copy". There is no signature on the form, only an annual APR and the T&C section supplied look different to the original versions sent.

 

The original agreement was for a unsecured loan for £6.5K taken out in April, 2005.

 

Do I smell a rat? Is this loan unenforceable due to lack of signature, re-hashed T&C plus non specific APR?

 

Many thanks if anyone can shed light on this on.

 

By the way, I've not heard anything again from Triton or Nat West since this letter.

 

Apologies if posted in the wrong area.......

 

Stay tuned,

 

 

spinderella

Edited by spinderella
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Hi to all.

 

I am just starting off the process to see if my credit card is unenforceable or not. I have two credit cards taken out before 2007, MBNA and CapitalOne, has anybody had any success against these companies and are there any under handed tricks that they employ.

 

I have started to use a company that claim they can get the debts wiped clean, they have contacted myself saying that MBNA have not replied with a CCA, (I am only doing one at a time) I have not committed myself to take it to the next stage. I am just wondering how successful the people on this forum have been and has anybody used any such companies.

 

Regards.

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Hi Rapidres,

 

Not sure why you'd ask questions here if you have a company managing it for you? Shouldn't they be dealing with that for you? ;)

 

If you start a new thread, in the relevant forums, for each of those companies, we can offer some support along the way - help in my signature (beginners guide) if you need some help.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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