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acemodder

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  1. I have the following search logged on my credit file today: Company: Arvato Financial Solutions LTD (Ct, Sr, Cr, Ar, R) Arvato Financial Solutions Limited (Full Bsb) 3 Reason: Debt Collection Date: 13/07/2016 However I do not have any debts outstanding with anybody, my credit file with noddle and also with creditexpert.com whihc I pay £15.99 a month for shows no debts outstanding. Should I be worried?
  2. OK, will do. I emailed all that before i found this forum to be honest.
  3. I emailed this yesterday to them. but I'm going to send your above letter template once I have both mine and my wifes reference details. With proof of sending. Dear Sir. My details:- XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I don’t have a reference number. Actually after researching online for my account (I don’t have any reference numbers yet as I don’t have any letter from you yet) and also my wifes account REFERENCE 8281116 (I spoken to you about my account but you didn’t give me a reference number – I only found there is an apparent debt against me because I called about the letter for my wifes account) I want you to hold any future proceedings against me and my wife for both of our accounts based on a number of issues that I want resolving. I wrote a letter to the gym; xercise4less to cancel both my account and my wifes account and yet you claim to have never received the letter that I sent the start of February. 1. I want to know who the debt is owed too, I have tried to find out from both Credit Resolution Services and also Harlands Services. a. CRS have claimed the debt has been passed to them from Harlands, yet I find out that both are the same company, and CRS is just a different trading name under Harland Services Ltd, I believe this is scare tactics to bully customers into paying over the odds for a debt that they shouldn’t be paying for. 2. I want a key breakdown of the charges and admin costs for the fees, as these are not legally enforceable. 3. The gym and Harlands have not had any loss of earnings as a result of my cancellation and are trying to charge almost £500 across the two accounts for a total debt for 3 months of missing gym membership payments of £14.99x 3 & £9.99 x 3 is profterring unneccesarily. I believe that only £9.99 x1 for my account, and £14.99x1 for my wifes account. 4. With reference to the above accounts, I request that you send me a true copy of this credit agreement 5. I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the consumer credit Act 1974, and am entitled to receive a copy of my credit agreement on request. 6. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. 7. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. 8. Also, since you are a debt collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER : a. True copy of original credit agreement b. Statement of account c. Copy of the executed deed of assignment from Xercise for less gym to Credit Resolution Services Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”. Please note the following:- When a debt is assigned, the new creditor is entitled to charge the same amount of ineterest as the original owner. They are not allowed to introduce new charges to the collection of the money. It is also contrary to the guidance on debts issued by the OFT. I have researched with a number of websites and online support groups, and as a result of my findings I feel that CSR are trying to operate as a separate company/operation by scaring customers and I am considering lodging a formal complaint with the FCA and the FOS body. Finally - I would like to point out the following:- I draw your attention to the OFT guidelines on debt collection: Charging for debt collection 2.9 Charges should not be levied unfairly. 2.10 Examples of unfair practices are as follows: a. Claiming collection costs from a debtor in the absence of express contractual or other legal provision. b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision d. applying unreasonable charges, for example, charges not based on actual and necessary costs e. applying charges which are disproportionate to the main debt. I consider your charge of £207 and approx £250 to be disproportionate to the main debt and not based on actual and necessary costs. The real costs are far lower, of a maximum of £14.99 x 1, and £9.99 x1 for both my account and my wifes account. Also I believe you may be in breach of the: Malicious Communications Act 1988. This deals with the sending of letters or articles for the purpose of causing 'distress or anxiety'. A person found guilty can be fined in the magistrate’s court. To prosecute successfully the letter or article sent would have to convey: 1. a message which is indecent or grossly offensive; 2. a threat; or 3. information which is false and known or believed to be false by the sender. I deem your letters to fall under catergory 2; a threat, whcih I can pursue with the police. Regards Ace modder
  4. Thanks, I will send these letters later today once my letter from CRS has been received, with the reference number for my account etc is known.
  5. I have the same problem today. I was a member of Xercise4Less and so was my wife, both of us were out of our 1 year contract. I wrote a letter advising we are cancelling and them I cancelled the DD, the DD for both were from my bank account. We moved house around 9 months ago and forgot to tell the Gym - last thing on our mind!!! Anyway both of us have been sent letters saying we owe £207 and £247. The worst thing is my gym membership was £14.99 and month and my wifes was only £9.99 a month. So in theory I suppose we should have given 30 days notice (but not sure as i dont have a copy of our contracts) but either way that would mean £24.98 total owed. Not almost £500. CRS are claiming that we owe finding fees, admin fees etc etc. Its a farse. the guy was rude on the phone today, anyway I have recorded the call to CRS. After that call I started reading on the Internet about it and came across a few forum threads, anyway I called Harlands Ltd and they couldn tell me anything as they said its now been passed to CRS, I kept asking her who the debt ownership was as I knew Harlands and CRS are the same company and she wasnt sure, but kinda implied it was now CRS, but then I explained I am going to log a complaint with FCA and other groups and she seemed a little shifty.
  6. Holiday Watchdog.com shows these as the 10 most recent reviews.
  7. As google is a third party link on their site then they claim they do not have to refund me at all. They claim the address is 100% correct, but google link is incorrect and they cannot/do not control google maps. Can anyone advise me????
  8. They have come back with the following! Can anyone advise if they legally have to give me my money back as the location on their website from the googles map data shows the location is around 7-10 mile away from where the hotel actually is.
  9. Hey guys This site looks like it will help me out with my current problem, but I wont go into it here
  10. This is why I always pay via my bank online, traceability by the bank to confirm the payments.
  11. This is the first comment I sent The reply I got was My next reply And the latest reply Lets see what they come back with.
  12. Hey guys I have booked a flight for myself and my wife to Ibiza. I have booked the hotel seperately using the website alpharooms.com/ The info on the site the hotel as being in the center of san antonio bay (using a google maps image with a key showing the hotel location) However after booking, I have found the Hotels own website which shows the location as being about 10 mies away from the location that was shown on Alpharooms website. I have also read some pretty bad reviews of the place after I booked (yes I should have checked these prior to booking) Including staff going into rooms when your away from the hotel and stealing your stuff. Anyway am I entitled to a refund or a different hotel without any additional charges/refund fees dsue to being mis-sold the holiday, part of the basis of the booking was the alleged location! Thanks Also the holiday is from the 31st July. Booking was made Friday evening all online.
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