Jump to content

  • Tweets

  • Posts

    • Good evening,   I'm yet another person who didn't think before acting when it comes to a gym membership. I've had a read of quite a few threads before joining so I'm not exactly worried as I see the majority outcome is overwhelmingly positive from the members here, but I hope it's okay that I could seek some personal advice regarding dealing with Harlands myself?   I assumed that "no contract membership, no ties, cancel any time, no joining fee" meant I could cancel my direct debit through my banking app within my first month if I decide I don't like the gym (which I didn't) and absolutely nothing would come of it, I just wouldn't be able to get in the gym anymore. So I cancelled it a couple of days before my second payment was due, which I now see was a stupid thing to do.   After already cancelling my DD I then thought I'd better cancel it on X4L's website as well. Turns out "no ties, cancel any time" should actually read "30 day minimum cancellation window requiring two further payments". As they said my final payment would not infact be due 24th October, but instead be 24th November, even though when I cancelled my membership through the website, the 24th November was OUTSIDE of their 30 day cancellation window. Since I cancelled my DD during my first month without telling the gym and awaiting their cancellation window (which seems like such a scam when you read "no ties, cancel any time") it meant that my payment due 24th October bounced.   I feel extra foolish by the way, because I was certain I took a screenshot of my cancellation notice but cannot find proof of it anywhere, so I really hope that doesn't come back to bite me either.   Anyway as of today I began recieving text messages (which I cannot block - if someone could advise on that, that would be great!) and they also sent me this email:     And that letter reads:     I am well aware that from this point I will need to offer to at least pay the £14.99 for the bounced payment, which I am more than happy to do. I'm just worried that I'm also going to have to owe them £14.99 for November (despite it being outside of their 30 day window). I was just wondering at this stage do I send a letter to Harlands offering to pay the bounced payment but say I will not be paying the admin fee, and give them 14 days to accept that offer? And should I also send a letter to X4L explaining the situation, and ask for their pursuasion in getting Harlands to accept my offer?   Many thanks in advance to whoever responds, hope you can help a fool out!
    • I have a section 75 I started on the same day as the MCOL. You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.   I really take another case taking 7 months to conclude, it's soul destroying.
    • Have you called the credit card company and tried to initiate a charge back?
    • Hi dx, thanks for your response.   they haven't touched my credit file actually and I have all receipts and a proof from the buyer (screenshot of bank statement). They asked to see a V5C and I told them that I don't have it, this is the bone of contention. They have now closed the account but still refuse to issue a check for my balance. 
    • After seemingly purchasing groceries online via tesco.com I arrived at the click and collect point to find the cost of the goods had increased by 15%.   Price offered at checkout £150, price charged on collection of goods £172.50.   Customer service decline to refund the difference and insist what was indicated at the time of purchase was a "guide price", I maintain had this been obvious I would have made a difference transactional decision.   References to the Consumer Protection from Unfair Trading Regulations Act 2008 seem to be unpursuasive.   Perhaps someone else has a similar experience or knows a more effective lever?
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      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.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • 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!
        • Thanks
        • Like

AK Claimform - MBNA card 'debt'


Please note that this topic has not had any new posts for the last 2063 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Well it was good enough to stop them getting Summary Judgment and you attaing victory at the hearing....which most claimants get 99.9% on application.Perhaps share your several page defence here with others MB.

 

Regards

 

Andy

 

Hi Andy

 

I'm still facing a Summary Judgement hearing. I've just been given some additional time to amend my defence.

 

I'll eventually share all.

 

MB

Link to post
Share on other sites
  • Replies 964
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Please do MB Im not familiar with adjourned Summary Judgment hearings...they either succeed or they lose and as the DJ as allowed you to now submit a fully particularised defence ( which is normal if the claimants application fails) I think you may have misunderstood the process.

 

Therefore your initial defence was very successful.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
Please do MB Im not familiar with adjourned Summary Judgment hearings...they either succeed or they lose and as the DJ as allowed you to now submit a fully particularised defence ( which is normal if the claimants application fails) I think you may have misunderstood the process.

 

Therefore your initial defence was very successful.

 

Andy

 

Hi Andy

 

My solicitor knew my original Defence would fail, so he petitioned the Claimant's solicitor to allow him time to amend. The Claimant has agreed to give us more time and the DJ has seen my original Defence and granted an adjournment to a later date. The next step is to submit the Defence to the Claimant. My understanding of what follows is:

 

The Claimant will then decide to either allow my new Defence to be submitted, in which case we have to apply to the Court to get it changed or if they refuse we will launch an appeal to the Court to allow my amended Defence.

 

Of course, the Claimant upon receiving my amended Defence will be in a position to choose whether to pursue the SJ, drop the SJ and proceed to trial or even stop action.

 

MB

Link to post
Share on other sites

With you now so its your side that pushed for the adjournment as opposed to submitting a particularised WS that should have served to stop the SJ

 

Many thanks and look forward to viewing his particularised defence.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Of course if you had of expanded within your WS you may not have needed to submit a particularised defence until after SJ hearing (assuming they failed to attain)...and therefore saving on costs

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 1 month later...

Update:

 

Solicitor submitted my amended defence and AK's solicitor dropped off the map- suddenly stopped communicating for a month. No returned phone calls, emails or letters from my solicitor.

 

Today they have been in touch notify me AK has dropped the SJ action. Not sure what'll happen next, waiting to hear from solicitor.

 

MB

Link to post
Share on other sites

ooh, well that is good news, meebroke :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 3 months later...

Quick check in to say there has been no real movement. After the SJ was abandoned, AK's solicitor requested another negotiation. My solicitor made them an offer on my behalf, considerably more than previous. This was rejected outright and their solicitor again made no attempt to negotiate but demands what they consider to be the full balance. They are not willing to discuss taking one pound off of the amount they suggest is owing.

 

That was a couple of months ago and we have heard nothing. My solicitor wrote to the Court this week to find out what is actually going on. Nothing on that yet.

 

This has been an on-going battle for 5 years now. I have maintained a perfect credit score otherwise.

 

Wonder if Durkin can be used in my case-my credit rating has been destroyed for 5 years on an agreement that was unlawfully rescinded, with a defective DN.

 

MB

Link to post
Share on other sites

[/color]

Quick check in to say there has been no real movement. After the SJ was abandoned, AK's solicitor requested another negotiation. My solicitor made them an offer on my behalf, considerably more than previous. This was rejected outright and their solicitor again made no attempt to negotiate but demands what they consider to be the full balance. They are not willing to discuss taking one pound off of the amount they suggest is owing.

 

That was a couple of months ago and we have heard nothing. My solicitor wrote to the Court this week to find out what is actually going on. Nothing on that yet.

 

This has been an on-going battle for 5 years now. I have maintained a perfect credit score otherwise.

 

Wonder if Durkin can be used in my case-my credit rating has been destroyed for 5 years on an agreement that was unlawfully rescinded, with a defective DN.

 

MB

 

Something worth investigating I suppose !

 

It seems a bit odd that they are not prepared to accept an offer in order to put an end to this - especially as it looks as though they dont have a way forward with the court process ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
[/color]

 

Something worth investigating I suppose !

 

It seems a bit odd that they are not prepared to accept an offer in order to put an end to this - especially as it looks as though they dont have a way forward with the court process ?

 

It really is frustrating. They keep saying they want to 'negotiate' but when I make any offer they refuse it and instead demand the full amount they claim is owing.

 

I have had the worst luck on this issue as, in the whole of the five years, noone has ever offered to negotiate or reduce by one penny.

 

Yet, when they saw the strength of my case, they quit the SJ immediately.

Link to post
Share on other sites
  • 3 months later...

Update:

 

Well, AK/Chivers have managed to drag this right out. We've been locked in a stalemate for a while. I offered them a tiny settlement, they rejected. I offered them 10%, they rejected. I offered them 30%, they rejected. I offered them 50%, they rejected. I offered them 75%, they rejected. We have finally agreed a settlement figure around the 80% mark.

 

However, all of my offers have been with the stipulation that they remove all record of this from my credit score. No that we have agreed a figure, they refuse to remove it. They have cited that the ICO will not allow them to remove it. I rang the ICO office and they laughed and said there is no reason whatsoever that any lender cannot remove a mark on a credit file at any time. I asked them to put that in writing, which they did. I forwarded the letter from the ICO to AK/Chivers (via my solicitor).

 

Guess what? They still refuse.

 

I've been trying to settle this for almost an entire year.

 

It's coming up to 5 YEARS that I have been trying to sort this out. MB

Link to post
Share on other sites
Yep.

 

 

Ignorant Git he is, mind you a call can be made to him late at night and he answers, = Mr Skuba Instructor is his hobby, his A.K. contact usually is Steve Glassborrow!

:mad2::-x:jaw::sad:
Link to post
Share on other sites

Agreed.

 

I still believe that I have a solid defence. But for anyone reading this thread I would caution you:

 

Even if you have a really solid case like mine, I'd give some very serious consideration as to whether or not you can live with all of this for many, many years. If I could do it all again, I would abandon my principles, pay up and move on. Life is too short and this has really taken its toll on me over the years.

 

They've broken me, I just want it to be over. MB

Link to post
Share on other sites

Hi MeeBroke what is your solicitor doing about it?

 

Surely, if the agreement of payment was on the basis of removing information on your credit file and they have reneged, then I would have thought that your offer no longer stands.

 

Did you ever have written confirmation that they would remove it or was it just in your correspondence to them in which you stipulated it?

Link to post
Share on other sites
Hi MeeBroke what is your solicitor doing about it?

 

Surely, if the agreement of payment was on the basis of removing information on your credit file and they have reneged, then I would have thought that your offer no longer stands.

 

Did you ever have written confirmation that they would remove it or was it just in your correspondence to them in which you stipulated it?

 

Hi Dotty. Long time no speak. :)

 

No, what they have done is each time they rejected the offers they referred only to the money offer and made no comment on the caveat of the removal of the Default. We took that to mean there was no issue with the caveat, that there was only an issue with the sum being offered. So, conspicuously, they did not suggest they wouldn't be willing to adhere to the caveat in the first 5 offers. When we finally agreed a figure, they now refuse the caveat.

Link to post
Share on other sites

We seem to have been here a few years now!

 

I really think that your solicitors should have picked up on this, you simply can't trust these companies!

 

Without going back through your thread, I don't know what happened with the court case but I think I would be informing them (or your solicitor should be!) that the offer of repayment was only ever made on the proviso of the removal of the history from the CRA's therefore the offer is no longer on the table.

Link to post
Share on other sites

Hi there Meebroke, long time no speak.

 

Quick question, your argument was based around the unlawful rescind, and you kept the original envelope it came in? What was the response by AK or the court regarding this as evidence? Was it presented and proved to be sent 2nd class?

 

Thanks

 

Caps

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites
Hi there Meebroke, long time no speak.

 

Quick question, your argument was based around the unlawful rescind, and you kept the original envelope it came in? What was the response by AK or the court regarding this as evidence? Was it presented and proved to be sent 2nd class?

 

Thanks

 

Caps

 

Hi Caps

 

Sorry for late reply. Yes, I've retained the envelope. We've never been to court so this has not been submitted as evidence. My solicitor is of the steadfast opinion that they can rectify the issue by merely reissuing a new Default Notice- hence rendering that key Defence point moot.

 

I have now got them to sign a Tomlin Order stating that all terms of the settlement be kept confidential. Upon payment of the settlement they should therefore be bound to desist reporting to credit agencies any reference to this situation.

 

Which for me is a huge admission of failure, as I have always been fighting on principle-but i want to move on from this. It's been a long 4.5 years. :(

 

MB

Link to post
Share on other sites

Thats interesting. I am in a position where AK have asked to see my envelope ( which I do have). I have sought advice from two different places. One said the same as your solicitors and felt they could try and issue a replacement default notice, despite me accepting their unlawful termination. The other said only MBNA could issue the default notice and not the DCA.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites
Hi Caps

 

Sorry for late reply. Yes, I've retained the envelope. We've never been to court so this has not been submitted as evidence. My solicitor is of the steadfast opinion that they can rectify the issue by merely reissuing a new Default Notice- hence rendering that key Defence point moot.

 

I have now got them to sign a Tomlin Order stating that all terms of the settlement be kept confidential. Upon payment of the settlement they should therefore be bound to desist reporting to credit agencies any reference to this situation.

 

Which for me is a huge admission of failure, as I have always been fighting on principle-but i want to move on from this. It's been a long 4.5 years. :(

 

MB

 

Indeed the solicitor is correct the creditor can issue a new complaint DN, judges will often allow this even once a hearing is started.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Thats interesting. I am in a position where AK have asked to see my envelope ( which I do have). I have sought advice from two different places. One said the same as your solicitors and felt they could try and issue a replacement default notice, .......The other said only MBNA could issue the default notice and not the DCA.

 

'try' being the operative word. yet to be authoritatively tested in the higher courts afaik.

if they do, and it is accepted, then cld ask for compensation (damages) for all that has transpired since their 'Mistake' (breach of statute and contract).

IMO

:-):rant:

 

Link to post
Share on other sites

I think I must be having a blonde moment. What would they gain by issuing a second default notice? Unless of course the argument for the account being in dispute was soley based upon a defective default notice.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

Link to post
Share on other sites

re a non compliant dn, they cant (or shldn't be able to) do what they want to do (Harrison case for eg). so, their aim cld be to 'try' issue a 'correct' dn so that they can then do what they want to do (as was 'mentioned', but not actually decided on). but, imo, cld be too late. but if a J accepts a reissued correct one, then there shld be some sort of recompense/redress, in whatever form, re what has followed the incorrect one (which in itself is a breach of statute and contract) which they weren't allowed to do, perhaps re the law of Mistake (as mooted by sweet & max for eg).

IMO

:-):rant:

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...