She didn't sign anything.

neither of us signed anything, I've never set foot in the club. I gave her details over the phone and my account number over the phone. I gave them my email and mobile number for contact. all the mail and email has been addressed to her from Harlands and the text was from x4l and just said dear member your account has gone into default. I made it clear when opening her account what age she was and asked if I would have to join as well due to her age and was told no she could join on her own as she was over 13. I'll check in the morning in case the asked her to sign anything in the club but she's never mentioned it. I'm not worried but she is, I just want them to stop sending her threatening letters. it just isn't appropriate to keep sending them when I have sent them proof of her age.

Hello briefly my 15 year old asked me to let her join xercise4 less so she could go with her pal after school back in may. I wasn't sure if she could join due to her age so I phoned the local club and was assured it wouldn't be a problem and due to her age she couldn't be signed up to a contract and could cancel at any time. around the start of September she was turned away with her pal as they were both under 16. She told me she wasn't going back so I cancelled the dd and thought that's that. end of September a letter came addressed to her from Harlands saying they had she owed them £14.99 plus £25.00 fee. I immediately phoned them to explain she was only 15. But they refused to talk to me quoting the data protection act. I phoned the local club and they asked me to send proof of her age, so I emailed them a scan of her young scot card. They confirmed they received it and would pass it along. last week I received a text saying her account was in default. I called again, they told me they had received nothing from the club. Again I explained her age and told them not to contact her again. Today she received another letter saying she now owes them £79.98. She is a bit upset even though I told her not to worry. How do I get them to stop harassing her.

Thats us been to court. Other side had appointed a local solicitor there. His brief seemed to be to see if we turned up and what we had to say. Sheriff asked what our response was I said I disputed the debt was owed as the ppi meant my wife was owed a greater amount by the other side. Their solicitor then suggested capquest had only bought the debt and were not responsible for the ppi. The Sheriff raised an eyebrow at that and commented "that is an interesting concept". I explained to the Sheriff that as Capquest had intimated they had purchased the debt and had full assignation they also were responsible for all other liabilities in respect of the account. He seemed to agree this was normally the case. The other side then requested a sist to allow them to look into the ppi. The Sheriff asked if I was happy with that. So for the moment it's all suspended pending further contact from them. Grifty

ok here are the spreadsheets Grifty shopdirectcharges.xls.pdf shopdirectppi.xls.pdf

Should i just upload as exel spreadsheets? Grifty

Thanks Stephen, here it is. Counterclaim.pdf

I am ready with my particulars of claim, could one of the site team have a look at it to see if it makes sense? I intend to send it recorded delivery Friday. Grifty

I think I need help with wording the POC for the counterclaim. I'm worried about how much information I need to put in, i'm also a bit worried about how to word it tbh I'm a bit nervous about it getting thrown out because I'm not used to legal jargon. grifty

Rightbeen through all the paperwork from shop direct and found they owe us just under £2000 for the PPI and around £252 in charges applied. The intrest charged on the account was 26.42%, so that is what I put in the spreadsheets. Do I just leave the end date as the current date or should i put in the date they sold the account? With compound intrest the PPi is just shy of £6000 and the charges £500. I just need to write my particulars of claim now. grifty

I have just 2 weeks to submit a defence, so i'll go through all my paper work over the weekend and fill out the ppi spreadsheet (am I right in saying I should use the second one listed CIsheet v 101) and do I add their late charges to the same sheet. I'll reply saying I will state a counter claim and appear in person. Do I send a copy of the full counter claim to the court and capquest or just some bullet points regarding what my claim is about. grifty

I'm kicking myself now that i didn't pursue the catalogue company further, with the ppi now. I have 6 years worth of statements and printouts from them. I thought as the ombudsman told me they couldn't do anything I had hit a dead end grifty

Thats interesting, capquest have bought the debt so it may be better for me to admit the debt and counter claim on the ppi. grifty

Hi Steven does this apply in Scotland? When I submit a defence how much detail do I have to give. Sorry If I sound dense but I really don't understand the ins and outs. Do I just indicate on the form I will be defending? and submit a counterclaim. Also how will that work as wouldn't the PPI claim be against the origional catalogue company? Thanks Grifty

I need to submit a defence by the 16th of may Grifty