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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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    • 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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Yuill and Kyle for lowells served 1a claim old LTSB card Debt


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Sent the above 14 days ago by recorded delivery and no reply received, court papers need to be returned within 6 days i have read up what i can find and now i send the documents back to court disputing the case?

 

Thanks in advance

Hari

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  • 2 weeks later...

just received a letter today from Yuill and Kyle , stating they intending to ask the court to cist the case, to allow time for their clients to investigate matters and contact original creditors Lloyds.

 

Do i just attend court on the stated date as normal?

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Do i just attend court on the stated date as normal?

 

Give the court a phone, they'll let you know the score.

 
 

Any advice I give is honest and in good faith.:)

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  • 10 months later...

Well here was me thinking i wouldnt hear any more ... received a large envelope today with the following letter....

 

Dear Sirs,

 

LOWELL PORTFOLIO I LTD - V - YOU

 

We refer to the above case and enclode herewith a copy of our first Inventory of Productions which we have now lodged at ...... Sheriff Court.

 

Should you have any proposals for settlement we would be pleased to hear from you within 21 days.

 

Should you be in any doubt as to your legal position you should take independent advice from a Solicitor of Citizens Advice Bureau.

 

Yours Faithfully

For Yuill & Kyle

 

 

Inside the envelope contains the above letter and statements from January 2008-10th January 2010 (no CCA)

 

Last payment made on account was 8th July 2009??

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From what I have read in your thread, these debts are well past 5 years and if you have not payed or acknowleged them in all this time, then in Scotland the debts no longer exist.

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Thanks for the reply Blueda...

 

Im just not sure because they started proceedings to take me to small claims court just before the 5 years and the case was put on hold until Yuill & Kyle could investigate the lack of CCA that was requested so i wondered if that would stop the Statute barred coming into effect?

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Thanks for the reply Blueda...

 

Im just not sure because they started proceedings to take me to small claims court just before the 5 years and the case was put on hold until Yuill & Kyle could investigate the lack of CCA that was requested so i wondered if that would stop the Statute barred coming into effect?

I take it that Yuill and Kyle have never provided a valid CCA copy, and have you been in court or been represented there ?.

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No i requested a CCA in 2009 from TSB and then again in 2014 from Yuill & Kyle prior to the court date, Yuill & Kyle said they would cist the court case ....however i showed up in the day and so did their solicitor so i guess they were hoping i would be no-show on account of the case being put on hold.

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Hi Hariboh, I have read through all the posts on this thread and that you sent them a letter that Ida in Fife supplied the template on 25 February 2014, and that Yuill and Kyle relpied on 26 March that they had wrote to Lloyds, probably asking for CCA, I take it no CCA was ever sent to you ?.

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  • dx100uk changed the title to lowell SPC summons via Yuill and Kyle
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