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stitchedup

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About stitchedup

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  1. My wife cancelled her Gym membership verbally a few months ago, the Gym in question wouldn't accept this without a written letter. Fair point as the contract called for this. Anyway, a company called Credit Resolution have got involved, a DCA. My wife accepts that she owes the gym money for not cancelling in the correct manner. She emailed the DCA in question and asked for their bank details so she could pay. The DCA informed her that should she wish to set up a Direct Debit it would cost her an extra thirty pounds and 2.50 each transaction. Similar amounts if she chose to pay by standin
  2. Just an update and very nasty..........their now attempting a Summary Judgement, received their witness Statement, have a copy of application form and statements. Questions 1. I still have a holding defence in place as they never sent me docs until after the date that my defence was due to be submitted. Do I know have to send in fully particularised defence? if so how do I go about it? Do I need to complete a 244 and seek the courts permission to submit? 2 Do I have to concentrate on the summary Judgement application as a separate entity? many thanks. Stitchedup
  3. The Coop are full of it, they also insisted that we took out PPI on a loan. After a battle it ended up with the FOS who found in my favour. Coop stod by their original take on events but as a gesture of goodwill have agreed to refund the premium plus interest at 8 %
  4. On agree with the worry about things being left to Judges, shafted and then shafted again in my case.
  5. quite simply, a nightmare, many issues that need to be addressed to save other having the same problems, biggest problem from my point of view was the fact it was in Small Claims !!!!! Judge wasn't interested in the legalities, more the balance of probabilities. Seems harsh I know, but in hindsight I wouldn't tackle another as Lit in person, I think representation is the way forward if people can afford it.
  6. BUt they are claiming rights without responsibilities
  7. One more thing ...........read this The defendant states he has received no default notice in relation to the account the claimant submits that the claimant was not required to send a default notice to the defendant. It is submitted that the assignor or claimant would only be required to send such a notice under section 87 (1) of the Consumer credit act 1974 if the claimant wishes to 1 terminate the agreement 2 demand earlier payment 3recover goods or land 4trat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred or 5 enforce an
  8. Thanks Docman, do you think it prudent I ask for adjournment as I dont think I can take in all the info received today.
  9. their also trying to apply post 2006 legislation to the agreement when its actually dated 2000
  10. Thanks Docman, the court gave directions of two weeks prior to hearing. I'm confident on the issues, the agreement is mank, They are saying that they dont need to supply a default notice as only claiming arrears and do not have the responsibilities of original lender, I seem to remember an eu directive that says different?
  11. one further thing, if it does go ahead and they rely on thefact payments had been made albeit not to them, due to the agreement not being properly executed and as a result of this being unenforceable, am I then saying that any monies were indeed gifted? Apols head swimming right now, need a calming influence. Judge asks do you owe the money, my reply should be along the lines of?
  12. yes it is CCA1974 pre 2007 agreement, its Cabot !!!!! old MSDW card sold to Goldfish and then Cabot !!!! It was posted 1st class
  13. I'm due in court tomorrow and on my return home am in receipt of a second witness statement and skeleton argument from oppositions Sols. This I find most disturbing as I'd thought I'd got all angles covered. What are my options? Can i seek an adjournment or do I have to run with what I've got? Seems their no focusing on the balance of probabilitys to gain judgement, not the Law as it stands !!!!! Please assist
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