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    • This was why I was rejected the full amount:  
    • I haven't sent them anything, is there a way to retract this? (in relation to me adding more info)   I am also unable to upload the PDF as I do not have a way to redact any personal information, however the defendants are as follows:  
    • Its just come to my attention that a friend has been getting pressure from a company called ACT credit management. They are collecting a debt on behalf of a service provider.  My friend has been pressured to pay far more than they can afford and I've suggested that they request an income and expenditure form. This has been sent but insists on evidence for all about goings. Bank statements etc. Can they legally insist on this evidence.   I'd also like to know if it reasonable to request details of the debt. it wasn't  credit agreement it was for an essential service that should have been paid when the invoice was presented. I'm not convinced that the original cost was fair.    Thanks in advance
    • Sorry, but we need to see the entire claim form in PDF. Scanned. I'm particularly interested to see the description of the parties. Also, I notice that you said that you would provide further details of your claim. This was unnecessary – and probably you shouldn't have done it. Have you sent them something now?
    • Its new Premium account costs £15 a month and comes with features including phone and travel insurance. View the full article
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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?
       
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      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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Is My Agreement Enforceable - Useful


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Thankyou cerberusalert,

I will send the letter and see what they have to say :)

We are chasing the life insurance that was taken out on this with Hamilton Insurance. Had several conversations with Hamilton and today they have told us that the proposal was never forwarded to them and they have no idea which Agreement it corresponds to:confused: However they did confirm that it was started in 1998 (when this agreement was started) and we had been paying since then:eek:. They advised us to write (not call) HFC and ask for the policy document.They couldnt even tell us what the benefits were on it???

 

Shirei

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Hi

Any answers regarding post 985 would be most helpful.

 

Many Thanks

 

Send the letter in post #990.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Hi cerberusalert

 

I have a true copy of the agreement, (I have seen the original). It's good.

 

The letter you refer to is to get a true copy of the agreement?

 

I do not have a copy of the PPI policy, which is part of the agreement.

 

I am not averse to returning to court to enforce this issue, but unless

the agreement is unenforceable, (without the policy), is their any point?

 

I guess without the policy the case of mis-selling the PPI becomes much easier.

 

Many Thanks

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Hi cerberusalert

 

I have a true copy of the agreement, (I have seen the original). It's good.

 

The letter you refer to is to get a true copy of the agreement?

 

I do not have a copy of the PPI policy, which is part of the agreement.

 

I am not averse to returning to court to enforce this issue, but unless

the agreement is unenforceable, (without the policy), is their any point?

 

I guess without the policy the case of mis-selling the PPI becomes much easier.

 

Many Thanks

Have a look here, unless you already have done so.

 

Vint

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

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  • 2 weeks later...

Hi tartanblood - welcome to CAG.

 

This link may help you find your way around the forum. Just remember to start your thread in the most appropriate forum for your query.

How Do I....? A Dummies Guide to the Forum - Consumer Wiki

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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Ahem! I woz rudely interupted whilst I woz asking about what to do post 40 days with no reply and post reply with application form? Nicely!

Put simply.....I have one case that has not bothered to do anything but harass me with phone calls but no credit aggreement and another that sent me a copy of an application form to which my reposte was as advised by CAG but to no avail. I'm not too concerned about the second but I need some advice about the first. Which agency do I complain to? Ta!

Edited by whobenjab
complaint about my English
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Ahem! English please :confused:

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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  • 2 weeks later...

hi just received this from capquest RE: a halifax credit card

 

img022-1.jpg

 

now it says it's an application at the top of the page and if it is an agreement should it have the credit limit and apr etc on it.

 

any help , muchly appreciated as ever

 

***EDIT***

 

just found this as well amongst the statements

 

 

 

it says it's a CCA, or it's my copy of an agreement it is 6 pages long with basic info about the card, cash withdrawals,penalties no specific limit or apr

img023.jpg

 

there are no signatures on here or anywhere to put one in fact, apart from the cancellation part

Edited by Gaznkaz08
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As it stands, totally unenforcable.

 

Write to them asking them to point out where the prescribed terms appear within the signature document.

 

Also ask them what legislation permits them to enforce an agreement devoid of prescribed terms.

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IMO what you have here is a copy of the "cancellation notice" which is referred to in the box next to your signature in the original agreementand which is normally sent to the customer within 7 days explaining how they may cancel

 

write and thank them for it, pointing out that you had never received this document before but you believe it to be the details to a customer as to how to cancel- and ask them if they could now respond to your s78 request and send you a true copy of the executed agreement

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  • 1 month later...
just received this from link re an abbey loan

 

i'm pretty sure it's SB'd but it would be nice to have something else as back up

 

Can't make it out - was it signed in 2001 or 2007 gaznkaz? Also when did you last make a payment or otherwise acknowledge the debt?

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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Can't make it out - was it signed in 2001 or 2007 gaznkaz? Also when did you last make a payment or otherwise acknowledge the debt?

 

 

signed 2001, i'm not worried about the SB time frame cause i think thats pretty well covered, but it would be nice if i could shoot some holes in this as well just to be on the safe side

 

strange thing is though they've sent this as a reply to a cca request.............. i haven't made one yet??????

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Just thought i'd cut and paste this from Peterbard....it would seem to be very useful, and I hadn't seen it in the DCA section...

 

IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974)

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations

(If you just want to find out, skip the bits in between the stars it’s just some extra information)

 

**What do we mean by unenforceable?

In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information.

Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable.

 

How does unenforceable differ from enforceable with a court order only?

When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable.

When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.**

 

The Pescribed Terms are these

 

A Amount of credit

A term stating the amount of credit

 

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

 

Which of these applies to you depends on the type of agreement you have?

 

For a Running Account (credit card) agreement

 

BC and D Apply

 

 

 

For a Restricted Use Debtor Creditor Supplier

  • Where the dealer is the supplier and the creditor is the one providing the finance.
  • The money can only be used for the purpose it is given.
  • There is no interest on the purchase (the cash price is the same as the total price)
  • And there is no advance payment

A is applicable

 

For a fixed Sum Credit Agreement

A conventional credit agreement with none of the above restrictions

 

A and B apply

 

For a Hire Agreement

 

B is Applicable

 

This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper.

Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreemens executed before that date.

 

 

HI

I wonder if it would be a good idea to ammend this in view of the Mc Gufic and Clarey judgements.

If these judgements are to stannd the the definitions at the begining are incorrect . I am currently unable to do the honours so could a mod do it for me .hate to be responsible for giving incorrect information,when it can be avoidedicon7.gif

 

Best

regars

Peter

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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if it is statute barred then you cant shoot any holes in it because it no longer exists,

 

the 6 years from SB does not start from the date of the agreement but the date of the last payment made to the account or your last written acknowledgment of the debt

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  • 2 weeks later...

Hello Everybody,

 

I'm a bit confused after the Manchester ruling on what is now enforcable and what is not. I was sent an agreement I was sure was unenforcable some time ago and now they have sent me the same agreement with a load of paper with terms and conditions on seperately. I've uploaded the files here, does anyone know if this lot is enforcable or not. I would appreciate any help or advice on the documents.

 

Thank you.

 

"Have removed the links as I'm now confident they are unenforceable"

Edited by Leightonx1
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Referring to the Manchester case, it probably fulfills their obligtion under s 78.

 

The Manchester case revolved around s78 requests.

 

If they want to take you to court, they should supply a copy of the original agreement, showing the prescribed terms in the signature document.

 

The Manchester case did not change the points regarding enforcability, aththough the Judge did refer to a document being able to be more than one page. If it were, it would need to be bound together ( Page 1 of 4 etc ) with you signing at the end. What you have been supplied should not be sufficient for enforcement in court. However................

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Referring to the Manchester case, it probably fulfills their obligtion under s 78.

 

The Manchester case revolved around s78 requests.

 

If they want to take you to court, they should supply a copy of the original agreement, showing the prescribed terms in the signature document.

 

The Manchester case did not change the points regarding enforcability, aththough the Judge did refer to a document being able to be more than one page. If it were, it would need to be bound together ( Page 1 of 4 etc ) with you signing at the end. What you have been supplied should not be sufficient for enforcement in court. However................

 

 

however what

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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however what

 

I believe the gentleman is referring to the alleged "Judge Lottery", otherwise known as the possible "Verdict Tombola" etc etc

 

S.

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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I believe the gentleman is referring to the alleged "Judge Lottery", otherwise known as the possible "Verdict Tombola" etc etc

 

S.

Quite so old chap:D

 

Unmoderate the net, I must learn to finish my sentances

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