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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
    • I look forward to hearing from a member of the team 
    • Hi Selrahc and welcome to CAG   Please be in no hurry to contact X4Less, Harlands or CRS - they can do nothing for now.   Before you do anything, we need more info. Please confirm :-   1. Approx date you joined.   2. Were you told it was a rolling monthly m/ship by a staff member, or a longer minimum contract.   You have no need to reply to any demand from Harlands/CRS so ignore them for now.
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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
      • 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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Duffers mum v Sainsburys Bank


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Its really quite simple DM, you are just asking them if they are so sure they have an enforceable agreement to produce it. Used this tactic on one of OH's , - Goldfish - following this they commenced court action just in time for Xmas but couldn't come up with the goods following CPR requests so had to discontinue!

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I'm getting weekly letters from Cabot now...the same as the ones I received when they first bought this acccount, apparently according to the latest I have to contact them by phone so they can help me get this debt paid off...they've got 2 hopes of that..and 1 of them is Bob!

 

Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

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Latest update...another letter received today saying i must contact them within 7 days or THEY WILL either instruct an external collection agency to call on me to recovr the debt (they are very welcome...they haven't met my dogs yet :D ) or instruct a solicitor to start legal action. The outstanding balance they quote must be at least £2,000 over what the actual debt is because they added interest at 12% from day one despite not having complied with a CCA request. I also offered them a F&F of 10% which they turned down, its all I had as i'm unemployed and dont qualify for any benefits..

 

If this goes to court and I suspect it might now would the court take into account the fact that the CCA wasn't complied with until after £2,000 of interest was added?

 

Should I ignore them and let this run its course, or should I respond telling them exactly what i've told them before i.e unemployed, no benefits, no income etc?

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Really how odd I for one have been busy here all day,

it has to be remembered that we have day jobs and have

to travel to and from work and sometimes eat, drink and

rest,.

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I'm getting weekly letters from Cabot now...the same as the ones I received when they first bought this acccount, apparently according to the latest I have to contact them by phone so they can help me get this debt paid off...they've got 2 hopes of that..and 1 of them is Bob!

 

Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

 

 

 

 

Do the terms and conditions allow for them to add interest ?

 

Was the account properly defaulted and terminated prior to it being sold to Cabot.. eg..

 

Did you receive from the original creditor a Default Notice that gave you 14 clear days (allowing either 2 days - 1st class or 4 days - 2nd class mail).

Did they then terminate the account?

 

Did you receive a Notice of Assignment from either Cabot or the original creditor.

 

Have you looked at similar threads to see if there is anything on those that can help?

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Uploading documents to CAG ** Instructions **

 

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4: Staying Calm About Debt  Read Here

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Anyone? Seems to be very little activity on this site these days :(

 

With the best will in the world, volunteers with lives of their own can only do so much :(

 

If you have a situation where an URGENT response is required, then please just hit the panic button - the ! in triangle at the bottom of each post and someone will look in on you as soon as they can

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do the terms and conditions allow for them to add interest ?

 

Was the account properly defaulted and terminated prior to it being sold to Cabot.. eg..

 

Did you receive from the original creditor a Default Notice that gave you 14 clear days (allowing either 2 days - 1st class or 4 days - 2nd class mail).

Did they then terminate the account?

 

Did you receive a Notice of Assignment from either Cabot or the original creditor.

 

Have you looked at similar threads to see if there is anything on those that can help?

 

Thank you for responding :) I have duff default notice x 2, Blair Oliver Scott asked for the full balance after the DN's were served so I presume that means it was terminated? Not sure about the T&C's allowing for interest because I don't know if the T&C's they've sent are actually from around 2002. My main query at the moment is, even if the T&C's allow for adding of interest, should Cabot have been adding it from the very start, when my CCA was still outstanding. They only sent the alleged correct T&C's recently, approx 2 years after they took over the account. I will try and scan in the T&C's they have sent me over the weekend.

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Follow the instructions below to post up documents and you should have no problems.

 

 

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Perhaps it might be worth a final letter to Cabot advising there is a dispute, that the original creditor was aware of prior to Cabot becoming involved - and that they should return it to the Original Creditor for resolution.

 

Perhaps suggest that there appears to be no provision for them to be charging interest (are they adding default charges? - if so they shouldnt be adding those either).

 

If you have not received Notice of Assignment from either them or the OC, then perhaps send them the following in order to establish their status.

 

 

Draft request for assignment - Amended Draft.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I received a NOA allegedly from Sainsburys but in the same type face etc as the Cabot letter it came with, which I believe is standard practice. I've told them on many occasions the account was in dispute and shouldn't have been sold on..and also advised they should not be adding interest because there was no document which said they could, to which they replied it was allowed in the original agreement, the very document they couldn't produce at the time..before receipt of the T&C's they sent me a very dodgy recon agreement which was the same document as shown on the first page of this thread in #15. It was dodgy because it had a glaring error contained in it!

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There was no sarcasm intended, but this site is run by volunteers for the benefit of individuals who need help, volunteers aren't around all the time, but are around intermittently.

 

we never used to get the sarcasm either :!:
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If you do not get a response to a thread, it is worth 'bumping it' or giving someone a shout - particularly if you think it is in the wrong section!

At your Service

 

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It may well not have been intended but it was ill considered and the site team defending it en masse does little for the rapidly eroding reputation of CAG.

I know the person concerned is a very valuable contributor and has done much to assist the needy but he is still human and therefore liable to occasionally have human reactions.

G

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I've read it several times, it's factually correct, so no defence required, 'rapidly eroding reputation of CAG', that's interesting, did make me 'chuckle'.

 

It may well not have been intended but it was ill considered and the site team defending it en masse does little for the rapidly eroding reputation of CAG.

I know the person concerned is a very valuable contributor and has done much to assist the needy but he is still human and therefore liable to occasionally have human reactions.

G

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It was only just over 24 hours that the post was unanswereed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Not as offensive as the previous one I reported!!

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Think it would do us all good to read your thread again from the start - lots has changed in case law since it started.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Think it would do us all good to read your thread again from the start - lots has changed in case law since it started.

 

Thank you :) as mentioned previously my main question was whether Cabot should have been charging interest from the beginning of when they bought this debt when they had not complied with my CCA request therefore it would have been unknown as to whether or not they could charge interest because they could not provide the T&C's applicable at the time the account was opened, and if this went to court would they judge make me be responsible for all the outstanding balance or what the balance was before this interest was added? I appreciate lots had changed in regard to the CCA and that reconstructed agreements are now allowed and judges don't seem to care whether they are accurate or not! I want to be able to go back to Cabot and say the interest you have charged should be removed (fat chance I know) because you were not entitled to charge it at that time..Along with the dodgy DN''s I really don't know where I stand and I need to be prepared as I think they will take this court.

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As CB has pointed out, if your post is unanswered, click the black triangle with the exclamation mark, the site team will help as soon as they are available.

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When was the last payment made to anyone on this? Do you own a property that could attract a Charging Order?

 

Looking through this you have had some good advice and I honestly think that if Crapbot thought they could take action, they would have done so by now. They seem quite happy to keep sending threatograms even though you have told them you dispute this and the interest.

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Can somebody please tell me whether they are allowed to charge interest at 12% from when they purchased the account? Surely if they have only just provided me with the T&C's interest can only be charged from that time?

 

Where does the figure of 12% come from? Is that the amount quoted in your original agreement?

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Reading through this thread it apears that Cabot have not sent you the correct terms & conditions that were in force at the time the agreement was taken out - am i correct and was this a response to a formal CCA request?

 

Have you recieved, at any time, a compliant DN?

 

Can you scan and upload the Assignment notice?

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When was the last payment made to anyone on this? Do you own a property that could attract a Charging Order?

 

Looking through this you have had some good advice and I honestly think that if Crapbot thought they could take action, they would have done so by now. They seem quite happy to keep sending threatograms even though you have told them you dispute this and the interest.

 

the last payment was made a couple of years ago..I was more than happy to pay Sainsbury's nominal payments and they had ceased interest..unfortunately yes I am a home owner, but I believe before they could apply for a charging order they would have to get a CCJ and I would have to fail to adhere to the terms - is that right?

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