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    • 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. 
    • hey no sweat any defaulted accounts vanish from your file on the defaulted dates 6th birthday paid or not, paying or not. doesn't mean the debt is not still owed mind.   as you've been paying for 6yrs+ pers i think i'd simply stop payments on that one too. ignore everyone, and of course abide by the golden rules   never ever talk on the phone about your debts, esp to a powerless DCA they ARE NOT BAILIFFS and have  ZERO legal powers on ANY debt no matter what it's type.   they'll eventually, like the OD debt, they'll sell it on.   if either of those happen and you get a Notice Of Assignment pop back here and we'll advise further.   in the meantime don't move without informing creditors.  
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    • 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!
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Argos account in dispute, passed onto Moorcroft.


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Hi just hoping someone can give me some advice please. I sent a CCA request to Argos and they sent me a copy of an application form with my signature on , I posted it up on here and was told that it was unenforcable. I sent Account in dispute letter to Argos and they replied saying that they had provided the information I requested. Two months down the line I have recieved a letter from Moorcroft saying that the account had been passed to them for collection. I wrote to them saying that Argos had sent a signed application form not a enforcable credit agreement and that the account is in dispute. I have recieved 2 letters back from them last week 1st letter saying that they have contacted Argos and they have been advised that they sent a letter to me informing me that they did fulfil their obligations under section 77/78of the CCA and that I need to contact them to discuss payment.Second letter ( NOTICE OF INTENDED LITIGATION). Can anyone advise me what I should do next. Thanks for your time.

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Don't be worried about the empty threats from pre printed moorcroft letters.

 

If the agreement is unenforceable then I would ignore moorcroft as you have already told them it is unenforceable. It will probably get passed back to argos.

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Hi thanks for your quick reply I did send the "BEMUSED LETTER" to Moorcroft so will I not need to send anymore letters. I am just worried what they will do if I ignore these letters. Thanks again for your help.

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Moorcroft don't do anything - they give up quite easily. In addition their Notice of Intended litigation nonsense is against OFT guidelines as they send this toilet paper out as a matter of course and have no intentions of litigation. They also cannot litigate against you as they do not own the alleged account. I have also just discovered that as they are collecting on behalf of another DCA they are not data controllers (from the ICO today - I have posted a thread about it) so they can do nothing but ask for payment and their chances of getting any are nil. Report them to the OFT for pursuing an account in dispute and for threatening legal action they have no intentions of pursuing (1st Credit had restrictions put on them for doing exactly the same thing). Every report is another nail in their coffin. Send a copy of the OFT letter to Moorcroft's complaints Department and you won't see them for dust.

 

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX.

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