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    • well you could go down the covid route and ask for a payment break etc etc but thats really only delaying the inevitable. but if you did that would only p'haps be worthy to lloyds when ws this A/C opened and has the allowed OD amount slowly crept up when they've given more and more to you?   as for everything else..you seem to have my ideas correct.   i've moved your thread to the debt self help forum. there are numerous like threads here to read.   dx      
    • Hi Consumer Action Group,   First time posting here because I don't know where else to go.   I've cancelled my gym membership with gym in February 2020 because of Coronavirus and my financial situation. This is done within my terms in contract, gave them 1 month notice in writing and everything went smoothly with the gym. They told me from their side it's cancelled and I didn't hear from them since then. They told me (face to face and on email) to contact DFC - Debit Finance Collection plc., company who collects debits for them to cancel my debit collection contract with them. I contacted them and explained situation (on the phone and via email). Everything was sorted and I got confirmation that debit collection is cancelled.   Recently I got the email that I'm due a payment for a September for gym that I haven't attended from February 2020. Then they sent an email that they couldn't take a payment. That's because I removed that debit payment from my bank account. I called them again to cancel that, that I won't pay anything because my contract is already cancelled but they told me that my gym membership is still running and that I need to pay termination fee. They are now contacting me with emails and SMS to pay the amount for September and extra charge of £15 for missing a payment within 7 days.    Weird thing is, DFC never contacted me for any payments from March to August and they now asking for monthly payment.   Reading other threads on this forum on Gym and Health Clubs membership cancellation and issue with DD, I get the feeling that I should just ignore them.  Can you help/confirm what are my next steps, should I just keep ignoring them? I'm getting angry with DFC because they don't want remove my details. I asked them to cancel and remove everything because of GDPR.   Thank you for reading my case.
    • Thanks - thread titled amended to show this.   UKCPS certainly confused me with their non-address.  The thickos haven't clearly shown where you parked which is in your favour.
    • Just to fully understand. : I should stop paying : HSBC credit card and Overdraft Ask for CCA from cabot   How about very recent LLOYDS overdraft debt.  Just got the letter today stating that they defaulted this account and collection depart. will contact soon to arrange repayments.   I guess I just need to wait to see what they will come up with.    But before any of that I should write to all creditors to inform them that I will stop paying them? Due to my bad financial situation?    I know I'm asking a lot but appreciate your help Sir.  E. 
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Goldfish CCA - Is this a joke?


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Hi

I recently sent out a CCA request to Goldfish on behalf of my OH.

He received the below in the post this morning!

 

Its SHOCKING!!

 

The letter says they have sent the executed agreement and statement of account and original application form and current terms & conditions. All their is is the statement of account and a letter that was sent to my OH VERY recently when we had paid a lump sum off the card and they had decreased the limit to what was left on it!!

 

It has the current terms & conditions and activation number for the replacement card. It has our NEW address on it (we only moved here 2 years ago!) and he has had the card for about 8 years!! 2 addresses ago!! And it says the new limit at the top which like i say was only decreased at the beginning of this year! Also it isn't signed!! And wouldn't have been as IT ISN'T THE ORIGINAL AGREEMENT!!

 

I actually laughed when i saw it! Its ridiculous and on the statement and the letter thay have the cheek to call this the executed agreement! Do they think we are that stupid--REALLY?

 

OH said they were taken over by Barclays and probably haven't got a clue where the original signed agreement is.

 

I am just confused as to what to do now. I feel like writing them a bemused letter asking them if they had mistakenly left the 'executed agreement' out of the envelope!! Do i write a letter saying it is unenforcable etc etc or do i give them another chance to send it first?

 

Thanks :)

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... and if they make a demand for payment, you point out to them (in writing of course, and unsigned, and sent recorded delivery) that you are still waiting for a reply to your CCA request, and the account is is in dispute, and what they sent is a load of tosh. The clock is ticking against them now, so depending on when you sent the original CCA request, it's probably already gone past the 12+2 days stage and is in the 30 days stage (after which they have committed an offence). As 2G says... do nothing. They know what their obligations are, and by you sending a CCA request, are too thick to realise that you might actually know some of the rules about collecting alleged debts now. Of course they will try, but they won't be getting very far.. it appears.

 

If you do get the next demand, come back, and somebody will post up or point you to a letter you can send.

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Edit this to suit....

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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  • 1 month later...

Hi everyone

We have had a letter form goldfish in reply to our letter suggesting the CCA is unenforceable. They are also still phoning and writing requesting payment and threatening a default.

I have posted thier reply below.

 

What do I do now? Just sit tight and let them take us to court?

 

Thanks

GIS

 

Image of goldfish cca reply1 - Photobucket - Video and Image Hosting

 

Image of goldfish cca reply2 - Photobucket - Video and Image Hosting

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have had exactly the same from these and am going round in circles a bit now with me saying it isn't enforecable and them insisting it is.

 

I also sent a S.A.R - (Subject Access Request) although they are refusing to send anything until i send them a certified copy of my signature and are quoting the Data Protection Act. Bit silly really as surely they must hae sasified thmselves re my identity to have sent the alleged CCA

 

good luck

Edited by sussex1
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have had exactly the same from these and am going round in circles a bit now with me saying it isn't enforecable and them insisting it is.

 

I also sent a S.A.R - (Subject Access Request) although they are refusing to send anything until i send them a certified copy of my signature and are quoting the Data Protection Act. Bit silly really as surely they must hae sasified thmselves re my identity to have sent the alleged CCA

 

good luck

 

Thats what happened to me, when i got fed up arguing with them they sold the 2 accs to cabot, so now i have CCAd cabot, and getting the usual "we are not obliged to supply, but will ask th OC for a copy rubbish".

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I have sent them a letter citing the law of assignment -

Got this from somewhere:

The following section was obtained from the statue law online database:-

 

32.2.4 Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation and is common practice within the industry.

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and responsbilities of the creditor under the agreement.

Partial assignment which, in effect assigns the right to enforce but not the associated responsiblities will be invalid and will preclude the assignee from enforcing the debt.

There are two types of deed of assignment - equitable and absolute. The first assigns the right to pursue the debt to the assignee but not the obligation of the original creditor. The second assigns both the rights and obligations of the assignor to the assignee. However in order for this to be legally bindng the debtor would have to give his/her consent for such an assignment.

Further as I am sure you are aware to be a legal assignee the assignment would have to be absolute whereby the rights and duties pass to the assignee.

It is my belief that the CCA 1974 takes precedent over the Law of Property Act 1925. Thus CCA 1974 s189(1)-

'creditor' means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law and in relation to a prospective consumer credit agreement, includes the prospective creditor. An assignment under s136 of the Law of Property Act 1925 MUST be an absolute assignment granting the assignee all rights and obligations. I quote from the appropriate section "1) Any absolute assignment by writing under the hand of the assignor".

Therefore with ref to your letter of xxxx it would seem as Cabot advise they have to refer to Goldfish for a copy of the agreement that this was a partial assignment which if it in effect assigns the right to enforce but not the responsiblities is invalid and would preclude the assignee from enforcing the debt.

Furthermore I have to advise you that I will now be making a formal complaint to both the OFT AND TS under The Consumer Protection from Unfair Trading Regulations 2008. This legislation came into force on 26th May 2008 and has enabled the OFT to issue guidance to enforcement officers that provides a legal arguement to support their view that DCA's are "creditors" for the purposes of sections 77 and 78 of the CCA 1974.

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