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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.
    • Update on the situation:   Following the run in with the police he has actually gone to the police station himself to question what he was told and was told there is no issue with him idling or moving the car around the car park, so the police officers who told him that were wrong.   As a side note, he knows who it is that's reporting him. Seems to be a bit of a feud between them, but the clarification he got from the police should at least stop them coming around every time a report is made.   Thank you to everyone who replied to this question!
    • 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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Egg are so far 43 days late with my CCA request


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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

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I CCA'ed Egg on the 9th of July but to this day I have not received anything, that's 43 days since my request.

 

I sent the Letter 1st class recorded but via Royal Mail tracking, no information indicating the letter was delivered so I put in a claim with Royal Mail for a refund.

 

They have returned to me with proof that the Postal Order which was sent with the CCA request, has been Banked!.

 

Please can some one update what to do next.

 

Many Thanks

 

Mark

 

Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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You don't have to do anything unless they or some other lowlife tries to pursue.

 

But you can send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 1 month later...

I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

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Well Egg have now broken the law because:

 

a) they've not responded to your CCA request

 

b) have cashed a postal order which was not meant for payment on the account

 

c) have not supplied a signed CCA which means the debt is not enforceable so they should never have cashed the postal order.

 

I think these is a follow up letter you can use?

 

 

Incorrect, Incorrect, Incorrect.

 

There is no law that has been broken.

They have simply failed to produce a valid CCA in reply to your request within the time limits.

 

A simple Letter that cerbs has posted you, should be sent to them via recorded delivery, this then places the account in dispute and demands that they do not pursue any futher collection activity on your 'alleged' account, including marking your credit file adversley.

 

Katpuss, not responding to a CCA request is not against the law, who has said the postal order was cashed against the account?? Even if it was, again this is not against the law, and cashing a postal order and failing to supply a CCA is still not against the law!

 

I trust you mean well, but there are those who might take your advice as gospel and end up in a worse position through bad advice, unless of course you have documented evidence and links to your advice??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm still waiting for my CCA request to be honoured, the follow up letter time scale of 14 working days has once again expired on the 12th Sept 09. The follow up letter was also not showing as delivered on Royal Mail track and Trace, but the orginal request was not showing as delivered either but royal mail confirmed postal order was banked so I have made a compensation claim with royal mail to see what they say about the delivery.

 

So long as you have sent them the Account in dispute letter that Cerbs linked above then you do not have to do anything further.

 

The fact that you have sent all your correspondence via RD, whether it shows up or not is proof of sending, so do not worry, this is thirty more times DCA's go to tthe trouble of sending out their threatogrammes.

 

You've sent them correspondence via RD, got proof, and I assume you have a copy of what you have sent them?

 

Place the account in dispute, and wait until they either provide you with a 'legally valid CCA' or close their files.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

Send the letter in post #4 again, some idiot has pressed the wrong button on their drivel machine & sent you the wrong template letter. :rolleyes:

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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  • 8 years later...

Please can someone give me some advice.

 

Received "Letter Of Claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Barclaycard acc.

 

Im sure this account is Statute Barred as no payments have been made to the account or acknowledgement of the debt in the last 8 years.

 

Only problem I had was about 2 years ago when Barclays took out £700 from another account and applied it to this account, but I got them to overturn this and move the funds back to the original account.

 

I dont know what to do, pls can anyone help

 

many thanks in advance

 

M

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10/10 for getting that money back!!!

 

If its now sb'd (as that payment/reversal doesn't count) send our SB letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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this was just for your ref in case it does end up in a formal claim

is the 'letter of claim' you mention a formal pap?

IMO

:-):rant:

 

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had to remove your images

can yo pop your images into one pdf please and attach them.

read upload

 

posting images from hosting sites directly viewable in the msg box forces people that do not have fast internet to slow

and those on mobiles to p'haps waste their bandwidth and money.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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great thanks

yes that's a PAP letter

 

when was you last payment?

 

this is what you do

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

particularly the last posts

 

obv don't request docs they have already supplied

 

reviewing the old merged thread here

I suspect this is now statute barred

you can send them our statute barred letter

in the debt collection section of our library.

 

as for your response form:

 

tick d

I dispute this debt because ...it is statute barred,

 

tick box 8

 

I have enclosed the following documents.. FCA Conc Statute barred letter

 

do not sign the letter print your name only

 

you don't need to provide proof of SB, that's upto them to disprove.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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nope

nope

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please can someone give me some advice.

 

Received "letter of claim" from Howard Cohen Solicitors today who have been instructed by Hoist Portfolio Holding Ltd, who purchased an ex Egg/Barclaycard acc.

 

History...

16/6/2009 Received “Default Notice”

7/7/2009 I sent letter to Egg requesting the CCA

8/8/2009 I sent letter to Egg requesting if I could make token payments to the account and they accepted

20/8/2009 I sent letter to Egg informing them they have entered default for not providing CCA, I sent another letter stating this on 6/10/2009, a follow up letter on 19/10/2009 as no response.

15/10/2009 Letter from Egg stating what they sent constituted as a copy of the executed agreement (which I never received)

1//2/2010 Received another “Default Notice”

2/3/2010 Egg card terminated

4/4/2010 Finally received a response for the CCA request but only received, which seems to be an agreement/terms of conditions with my name and address printed on and pages of terms and conditions. The signed agreement was not included.

4/2/2012 Received letter from Barclaycard stating they are taking over Egg

22/7/2013 Received letter from Barclaycard informing they have passed acc to Robinson Way for collection

26/7/2013 Received letter from Robinson Way requesting payment

29/7/2013 Sent letter to Robinson Way requesting the account be returned to Barclays for resolution

25/2/2015 Barclays transferred £700 from another account to this account to set off against the balance but after speaking to them on phone they reversed the payment.

9/8/17 Received letter from Barclaycard informing me the acc has been transferred to Hoist Portfolio Holding Ltd who are the new owners

10/8/17 letter from Robinson Way stating their client (Hoist Portfolio) have instructed them to agree with me a payment plan

25/9/17 Letter (Pre-Legal) from Robinson Way stating the acc meets their criteria to be considered legal account and if no payment plan is agreed they will instruct Howard Cohen & Co Solicitors.

28/11/17 “Letter of Claim” received from Howard Cohen & Co Solicitors informing me their intention to issue proceedings in the County Court

 

Should I send the PAP form from this group stating acc in dispute as no signed agreement has been received when the CCA was originally requested?

 

many thanks in advance

 

Mark

 

(sorry for the confusion with the other thread)

jpg2pdf.pdf

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