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    • Hi Mr S,   Read other threads here posted over the last year or so.   We pretty much advise the same thing - ignore demands from the gym, their admin company, any DCA they use and any legal firm they use.   No need to engage with the gym or admin company to discuss or argue your wish to cancel - it'll get you nowhere.   If you want to leave the gym now, just give a month's written notice then cancel the DD m,andate .   If you want to cancel from October 2021, confirm this to the gym in writing early October, allow the final DD to be taken in October, then cancel the DD mandate.   You'll see from other threads that no action is taken to claim money and gym m/ships do not affect your credit records.
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    • I have had another good look around but still struggled to find any templates. I did find a defence on a thread that I have adapted below. I would greatly appreciate some input before I file it. Again, many thanks in advance.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from hanging to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3. Throughout this period Co-operative Energy served estimated bills. This is shown in the one copy of a bill that the claimant has been able to provide. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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can you claim all your unfair charges, even if you owe the bank/credit card money??


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hi every one, i would be very greatful on any advive you could give me regrarding claims i am making for my unfair credit/bank charges.

i have a company getting my money back for me, (i wish i did it myself now,becouse they deduct 25% for then selfs)

the proble is, im in debt with all these credit cards and the bank account im reclaiming from.

i had a letter from capital one who have agreed to pay me my money owed rather then it go to court, fantastic! but they have used most the money owed to me to pay my out standing debt i have with them.

im still trying to get hold of a copy of my sign agreement when i first took out the credit card, this was back in aprill this year i requested it. but they have not produced it.

i know this is a good thing, so please dont think im being greedy, but i truly did want to share the debt around with other debts i have.

i was told by some one, that i am intitled to all my money, in debt or not, its up to me what i do with it. and not the credit/ bank.

i dont know what to do, please if some one out there has any suggestions i would be very greatful.

many thanks michelle xx

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Yes, you can claim back unlawful charges regardless of the state of the relevant account.

Be honest, if the charges hadn't been made, then you wouldn't be in such trouble, would you?

 

I believe it is your right to have the funds refunded in full for you do spend as you desire, BUT if the bank/cc company can apply it against your outstanding debt, then they may be more inclined to pay you in the first place.

 

I got my charges refunded by Barclays, and they gave me a full refund, with no conditions.

 

If you've employed a claims company to do the claim for you, why aren't THEY answering questions like this? If they can't, I'd be tempted to get rid of them, and do it yourself with help from this forum.

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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What will the claims firm do if the Bank refunds the money to your account directly to reduce any outstanding amount.

 

It's really upto them how they refund the money. Most of all the charges I've had refunded went to reduce outstanding debts.

 

sorry if this is not good news

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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thanks for that.

i told the reclaim bank charges people doing my claims i am in debt with these credit cards and banks, i have myself wondered what will happen if the credit/bank deduct all the money i owe from these unfair charges and left nothing to pay the company sorting it out for me,

i understand capital one was at the court stage, i also have hsbc at that stage too, and citi finantial .

do you think i could contact the reclaim bank charges company and put it to them that i want my money in full, and not to be used on the out standing debt??

michelle xx

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do you think i could contact the reclaim bank charges company and put it to them that i want my money in full, and not to be used on the out standing debt??

 

 

 

Seems sensible to me. After all, if ALL your refunds go to pay off the arrears/overdrafts you have, who's going to pay your claims company? It would be ironic (not to say unprofessional on their part) if you ended up with your arrears eliminated, but no cash in your account to pay them....

 

;)

  • Haha 1

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Hi I think this company should be negotiating and ensuring that you are paid directly - i took cap one to court they refused to pay me by chq so I am continuing in court as they are also in default of the CCA - just awaiting a court date

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hi everyone, i have just had a reply from the company dealing with getting my unfair charges back,

she said,

the problem is is that they are settling out of court as a 'gesture of goodwill' therefore, they can pay the money to whom they wish, if the court proceedings were to continue without them paying in full this would be a different matter as the court would order payment to be made to you.

 

is that right do you think?

so shall i refuse the money ??

 

michelle

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Hiya Mich,

 

If I've read you PM correctly.... you (allegedly) owe them more then they owe you in charges, so even if they were to refund the charges, there would still be an outstanding balance left on the account. Without a CCA to enforce however, there isn't much they can do about this....

 

If they go to court, then they would have to admit no CCA.... so I'm assuming that they are willing to refund charges as "a gesture of goodwill" in order to avoid this scenario and hope that you will be resuming payments on the outstanding balance nevertheless, once the refund has been made.

 

Any thoughts from anyone else ? :)

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Having recently taken Crap one to court for charges refund and default removal I would continue with the claim. I went through all this before they gave full refund and removed default from credit file.

 

TezViper

  • Haha 1

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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hi priortiy, they owe me more then i owe them, they owe me 545 ponds in unfair charges.

411 pounds of the money capital one wants to keep to pay of the out standing debt

then i have to deduct a further 123.96 pounds,to pay the company dealing with my case

after its all paid out i am left with 10 pounds to myself

michelle xx

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Having read in a bit more detail, the company dealing this should be doing all this for you and ensuring that they get paid from the money retrieved from these banks etc. Isnt that what they are charging 25% for ( which is totally robbery )

I am pretty sure they only get 25% of whats claimed back and if you dont see any of it then neither will they.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Sorry Mich.... got it the wrong way around :rolleyes: .... it's been a long day.

 

I am pretty sure that you can have this money paid to you directly. Sequenci will know if you PM him. Unfortunately, the charges from the company are a separate issue.... so you may have to chalk that one up to experience, but vow to come on here and sort things out CAG-style if it ever happens again.

 

:)

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i have just emailed the lady dealing with my claims, can i continue taking them to court on the ground i want my money in full, she replyed just with...

 

The claim is already in Gloucester County Court, that is why Capital One are paying up - making the offer they just have is called 'settling out of Court', in other words they are paying up without the need to go to a hearing.

 

michellexx

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Sorry Mich.... got it the wrong way around :rolleyes: .... it's been a long day.

 

I am pretty sure that you can have this money paid to you directly. Sequenci will know if you PM him. Unfortunately, the charges from the company are a separate issue.... so you may have to chalk that one up to experience, but vow to come on here and sort things out CAG-style if it ever happens again.

 

:)

 

i will do, i did do it my self not so long ago it was for lloyds only 35 pounds they gave it me back, i was well proud of my self!! ha ha

i gonna do barclays next ,again only a little one 40 pounds, but its my money and i want it! ha ha . x

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They might be wanting to settle because there is no CCA... and therefore, may have to explain their grounds for deducting the £400 odd before refunding you.... for a debt that they don't have the paperwork to back up.

 

This one is your call Mich.... it all depends on whether you want to pursue it in court or not. Have they promised default removal as part of their out of court settlement ?

 

I have to log off soon.... but will try and catch up with you tomorrow.

 

:)

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They might be wanting to settle because there is no CCA... and therefore, may have to explain their grounds for deducting the £400 odd before refunding you.... for a debt that they don't have the paperwork to back up.

 

This one is your call Mich.... it all depends on whether you want to pursue it in court or not. Have they promised default removal as part of their out of court settlement ?

 

I have to log off soon.... but will try and catch up with you tomorrow.

 

:)

 

i have just emailed the lady dealing with my claim back, asking if i can continue with claiming the full amount back to me and not to pay towards the debt, cos what she just emailed me was what i already new.

no capital one have not put any thind about lifting defaults etc. xx

thanks priortiy one, catch you tomorrow hopefuly, x

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the lady from the reclaim company has just replyed to me email with the following.....

 

Unfortunately no, a judge would strike out the claim on the basis that Capital One are willing to pay the claim in full plus court costs, we both may then be fined for wasting the courts time. If they were willing only to make a part payment we could continue it's because they are paying in full that the claim cannot continue within the courts. Capital One by paying up are actually being quite sneaky !!!

 

Sorry about that !!

 

I've actually drawn up further court papers for you to sign against Citi Cards, do you want to go ahead with that ?

 

thats a shame! x

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i would push them on a default removal

 

since to be honest, thats what affects you the most.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Can only be done if default removal was part of original claim!

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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I suggest that you tell the company that you want any gesture of goodwill in the form of a cheque. If Capital One apply to get the claim struck out because of an offer that you haven't accepted, then let the charges company earn their 25% by opposing it. Of course they're happy for you to accept the GOGW as it means they'll get their 25% sooner rather than later. How easy would it be to tell them you're going to do it yourself, and that you aren't satisfied that they are working in your best interest.

 

I suggest that you tell the firm that you won't be going ahead against Citicards through them, and do it yourself. I know Citi are particularly difficult to deal with, but you can get free advice and support on this site from people who have won against them.

 

Do you have a default from Cap 1, or a debt management plan?

 

Of course there's also the issue of the CCA which means the debt is unenforceable, but as you are owed more than the amount of the debt, my feeling is that you should let that one go.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Unless I have read it wrong they are offering full refund plus costs which does satisfy the claim. As far as I am aware they can offset the outstanding debt and anything less goes to you or in your case to the company acting on your behalf. I really cant see anyway around it.

At the end of the day the debt will be written off!

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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They have not produced a CCA, so they would need to prove that there is a debt. Anyway, the so-called debt is made up of unlawful charges, so take away the charges and there is no debt. They could either accept paying by cheque, or go to court to prove that they should not have to pay the money back.

 

However, if michsienna was planning to use the money to pay off the debt anyway, then it doesn't really matter one way or the other, but there may be other debts that need to take priority, and it's up to him/her to decide how to use the payment.

 

The reason I asked about a DMP, is because Capitial 1 should not get preferential treatment over other creditors, by paying themselves first. They are not in a position to dictate the terms of paying the claim, and the so-called company who are helping should know that if they think they are worth 25%. If Cap 1 aren't happy with that, then let them go to court and see what the judge decides. ;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Has a claim been filed at court? If so what are the particulars of that claim?

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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Share on other sites

All the company need to do, or you, is write to Cap 1 and say you will accept the gesture of good will in the form of a cheque, with no conditions attached to the settlement - if that is what you want. To be honest though I think you are as well to get rid of the debt, and have done with them, and get away from the claiming company as fast as you can.

 

Tell them to get in touch and I'll let them have my bill for advice given.:p (Joke in case anyone thinks I would ever dream of charging anyone).

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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i am happy with the debt being cleared, at leaset that one debt out of the way!

im seriously thinking of doing the citi one myself, the claims company are sending me out court papers to sign and send back.

if i tell the company i know longer wish them to act on my behalf, do i take on where they left off?,

taking them to court, the thought does scare me a little,

a the good thing will be the claims company has worked out how much citi owe me, and do i need to get hold of the statement copies the company would of got of citi?, the company might still charge me for them gaining the statements.

ive already asked them for my barclay statements (the unfair charges with barclays were only 40 pounds, for the company to help you you must have over 250 pounds in unfair charges)

ive got a feeling with citi, they owe me less then i owe them, i dont want to be in a situation where i will be in debt with company helping me with these unfair charges.

michelle xx

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