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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Harland's


RobW688
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Me and my partner joined I-motion gym on the 4th January 2014.

 

On a non contract rolling month by month membership.

 

We went to the gym a couple of times and decided it wasn't for us so we cancelled befor our 1st direct debit came out

which was due on the 19th January 2014.

 

On the 25th we received a letter each which reads...

 

Your bank has advised us that your final instalment has been returned unpaid "instruction cancelled".

We have therefore added a £25 administration charge which means there is a balance due of £62.98.

 

To bring your agreement to an end call the Harland's helpline immediately on 08712502423

as we can collect the £62.98 by debit/credit card please ensure you have your card details to hand.

 

Alternatively you may send in a cheque which must reach us by no later than 28 jan 2014 to ensure that no further administration charges are incurred.

 

We have assumed that you do not wish to renew your membership.

If this is not the case and you do want to retain your membership at I-motion gym

please discuss this with one of our customer services team when you call to make payment.

 

Yours sincerely

Harland's

 

 

 

Just wanting abit of advice were do we stand as I don't want to incur more charges or get bad credit.

Thanks

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They wont mark your credit file. This is because they know very well their charges are masked penalty charges and are unenforceable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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moved you to the gym forum.

 

many many threads on them here.

 

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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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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No. Hold off on payments for now. Ignore their stupid timeframes. Sit tight and we have a site admin here who can advise on what to do next. All that harlands will do is send some silly threat letters and yell a lot. It's easy to make them back off. You just need specific advice.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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what more advice do you want?

just remember

 

they cant mark your CRA file

 

they cant charge admin fees.

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 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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What do I do now then just forget about it and leave it for the costs to build up and it gets passed to a collection agency? I just don't know what to do and can't be bothered with hassle

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The costs wont build up as they are unenforceable penalty charges. Like i said, their aim is to get money from you via any way they can, including lying, harassing and threatening you. Sit tight and ill see if i can grab someone.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Rob,

 

Don't speak to Harlands by phone at all and keep it in writing only.

 

If you check the T&C's of your m/ship, I think you'll find you have to give them a month's notice but you definitely do not have to pay and admin fee on top.

 

If you want to avoid a lengthy battle, I think you should pay what is due, namely :-

 

1. The amount due on the first DD date.

 

2. A further month's fee for the notice period.

 

See other threads for example letters to tell them you'll pay this amount when they confirm in writing that they'll accept it in settlement of all amounts due to them.

 

:-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I was thinking of asking them to accept payment for the first months membership and thats it. But should I have to even pay that as I didnt sign anything or enter a legal binding contract.

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Hi Rob,

 

Whatever you decide to try to pay, to end the matter, put your proposal in writing and await their written acceptance. Until then, the matter is in dispute and you can ignore demands from Harlands and their delightful pet DCA, CRS.

 

If you signed a DD mandate, was that not part of the gym agreement ? Do you have any copy documents to check exactly what you signed.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi Rob,

 

Whatever you decide to try to pay, to end the matter, put your proposal in writing and await their written acceptance. Until then, the matter is in dispute and you can ignore demands from Harlands and their delightful pet DCA, CRS.

 

If you signed a DD mandate, was that not part of the gym agreement ? Do you have any copy documents to check exactly what you signed.

 

:-)

Didn't sign any documents. Did it on a computer and just ticked a box stating that I agree to terms and conditions.

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Hi Rob,

 

Ticking the box on a computer system is just the same as signing a paper document.

 

To bring this to an end with as little trouble as you can, I suggest you agree to pay for the 2nd month (the required notice period).

 

Adapt and use this letter to get Harlands to confirm they'll accept the amount offered to close the matter - http://www.consumeractiongroup.co.uk/forum/showthread.php?416268-Harlands-cancellation-problem&p=4456679&viewfull=1#post4456679

 

Do not offer to pay any admin fee, whatever else happens.

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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