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£60 gym membership passed to CARS


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alleged £60 owed for an old gym membership. This has now been passed on to CARS (never heard of them before) they are threatening to take me to court.

Will they do this for £60?

Can I CCA them with it been a gym membership?

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Can I CCA them with it been a gym membership?

Did you sign a regulated credit agreement?

 

Regards, Dave.

If my post was helpful don't forget to click the star!

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If in any doubt professional legal advice should be sought.

 

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Dave,

 

I can't remember, I joined the gym years ago!

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Well, really it's a case of what've you got to lose? A quid plus rec/del. Grand total of £2.04 . :)

 

Modify the request slightly, in the event of you didn't sign a CCA to include a copy of the original gym contract.

 

Good luck, Dave.

  • Haha 1

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Thanks Dave, I have followed a few of your posts on here and you are a great help to people like me who have suffered years of CR*P from DCA's and have decided to fight back.

Keep up the good work.

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Share on other sites

No worries, it's great to be able to give something back!

 

I've just knocked this up for you, send by rec/del and with a quid postal order for CCA request.

Reference: xxxxxxxxxxxxxxxxxxxx

 

Dear Sirs,

 

I write further to undertaking a complete financial review and to receiving extensive legal advice.

 

It has been brought to my attention, firstly, that I have never received acknowledgement of any payments, nor have I ever been provided with even a periodic statement of account. It has secondly been brought to my attention that I have the legal right to request and receive copies of documents.

 

I would respectfully request that under Section 77(1) of the Consumer Credit Act 1974 you provide me with a copy of the original credit agreement or original gym contract that should exist in relation to this account, and at the same time you provide the total outstanding when you aquired the account, a breakdown of all monies paid, credits and debits to the account, and the current balance of the account. I would further request a copy of the original default notice. I am advised that their is a maximum prescribed fee for complying to this request and as such a postal order for One Pound accompanies this request.

 

Please note that I view this matter as being disputed and that this matter should be treated In accordance with your internal dispute resolution procedure.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

Good luck with it! - Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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The letter says that they are "considering legal action"

Would they have to serve a default notice before they could proceed?

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Share on other sites

The gym should have, yes.

 

That letter worked as treat for me on a £3.5K debt.. 8-)

 

Regards, Dave.

  • Haha 2

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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  • 2 months later...

C.A.R.S.

CreditLink Account Recovery Solutions Ltd

PO Box 6520

Basingstoke

Hampshire

RG21 4UY

Tel 0844 8800 880

Fax 01256 327821

[email protected]

 

CARS are pursuing me as well for a gym membership which I cancelled. Anyone have their address or number? Can't seem to find it anywhere.

 

there you go.

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