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    • Hello,    I'm looking for some advice regarding my david lloyd membership,  I was a linked member to my now ex-partner's member unfortunately over the last lockdown our relationship broke down and we've gone our separate ways. To put it mildly we're not on friendly terms, he goes to the gym with his close friends and it would be a pretty hostile environment to be around.    He sent me a brief message just over a month ago to say that I was no longer a member and basically i'm not allowed to return once they'd re-opened. I'd left it at that and rejoined a new gym.    Anyway, i've now received an email staying I have unpaid fees and need to make a payment and they've set me up as stand alone member - i've tried to speak to someone but apparently have to wait 3-5 days and i'm assuming they're now going to make me do the three months cancellation fee.    I can't afford to pay three months worth of membership for a gym i'm not going to go to. From reading some of the other conversations it looks like DL can be pretty brutal and not really have any empathy and i'll soon get a letter from a debt agency if i don't comply. What would be the best way forward? I'd rather offer a resolution then ignore and worry for a few months.     
    • Its a common wheeze to put a no parking outside opening hours on KFC and other places like cinema complexws with fast food outlets, The original planning permission doesn't permit such stuff quite often,
    • Good afternoon.   I am a member of Anytime Fitness on a rolling-monthly contract.   In March 2021, my home gym (Aldgate) sent an e-mail asking members to continue paying, freeze, or cancel their membership. If you didn't reply they would automatically keep taking payments.   Me (being naive and stupid), didn't reply to their email. My £40 a month D/D payments continued. These would be reduced to 50% once gyms opened again. I paid 100% (£40) Apr, May, Jun, Jul, and 50% (£20) in Aug, Sep, Oct.   I DID attend the gym July - October, so I am owed 3 'half-months' and around a week (from July) of payments from Aldgate.   My home gym then switched to Lewisham in November by default as I had visited that gym more. Lewisham charged me the 50% for Nov, Dec, Jan, Feb, Mar, and this went back up to 100% (£40) in April.   Again I DID attend Lewisham in Nov and Dec outside of restrictions. I have also attended the gym this month. Therefore I have overpaid them by at least a month, plus the latter part of December. It gets even more confusing as their basic membership fee is £24.95.   Aldgate will not refund me, nor will they transfer what I essentially overpaid to Lewisham, despite the gym being one-brand it is ran by a different franchisee. Lewisham are not so quick at replying to e-mails. They said I can talk to their management when I next visit, but I want to keep everything written (even if it is electronically) for now. I am however going in there tomorrow to give them a piece of my mind.    Anytime Fitness don't have a central 'complaints/info' e-mail, they essentially just push you off to the individual clubs.   Should I just try claiming a refund though my bank? All payments are made to a company called Clubwise, which I am told is a membership payment system that all ATF gyms use.   Many thanks.  
    • Hi all,   I'll try and summarise this mess briefly.   I have approximately £45,000 in credit card debt from the UK. I moved abroad a number of years ago (outside of EU). Up until now I was making minimum repayments, and had never missed a payment. It's got to a point where I can no longer continue making the payments, and I never told them of my address change (the address listed is my last UK address, which is my parent's home). I was basically using one of the cards with money available to pay off the other minimum payments using Revolut, and now of course i've run out of money. I have no spare money available, nor anyone that can help, so I believe my only choice of action is to stop paying. My CC accounts are with Lloyds Group, Tesco & HSBC.   From asking a different forum, my understanding is that if I do not intend to make payments I should cancel the direct debits first of all, then eventually all the accounts will default. I also was recommended to send letters with proof of postage to the creditors regarding my address change so they don't hound my parents, and have my correct contact info. I managed to find the address to use for Lloyds & Tesco, but I cannot find a postal address for HSBC anywhere. Is anyone able to help me with that please?   To answer some questions, I don't plan to return to the UK anytime soon. I don't have any assets in the UK, my bank account that had the direct debits is not connected to the creditors, does not have an overdraft, and the only money that was in there was to cover the payments. Also, I've been out of the country longer than the amount of time bankruptcy would be an option. I'm not particularly proud of what i'm doing, but feel like the only option is to have a fresh start from the worry of my UK debts.   Does anyone have any advice, or suggestions on my plan, and if i've missed anything? When the phone calls/letters/emails start should I respond/respond in a particular way/ignore? I guess at this stage without missed payments, this month will be the 1st time anything is noted, so i'm not sure when the messages will start.   Thanks for your time.
    • But I was fighting this claim thanks to you lot and your help last year. I genuinely don't know what happened to the court papers or the LBA that preceded it, and can only assume that it defaulted due to my having returned one envelope unopened back to ELMS Legal that maybe contained the LBA etc. A costly lesson although I'm inclined to just ignore it and swallow the CCJ for 6 years rather than give them a penny!
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Lowells / Carter claimform for LLoyds Current Account OD***Claim Discontinued***


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Hi, I could really do with some advice here please...

 

Some years ago before we met my wife had a Lloyds Bank account and a Credit Card,

 

the first was overdrawn and

the second had an outstanding balance.

 

Both were open / taken out way before 2007 and

 

due to personal circumstances at the time she had to pretty much start a new life.

 

..We think that the account and card stopped being used around 2007;

however neither was ever formally closed and they were left in a state of monies outstanding.

 

Some years ago we started to receive letters from different DCAs and

 

each time I sent the standard response requesting the signed CCA etc.

 

The way I figured an overdraft is an informal 'loan' and as such that

and the credit card both require a signed CCA?

 

we have never received a response to any requests and each time a new DCA got involved.

 

Recently a company called Lowells have been sending letters in;

 

initially we ignored them (foolish I know);

 

however they started to threaten legal action

 

i once again sent the standard request for the CCA and sent the £1 PO.

 

This was on 25th November 2013 and to this day no response has been received.

It was all sent recorded and I have proof of delivery.

 

Again the lack of response suggested this had gone away but

 

low and behold we get a letter from Bryan Carter expecting us to receive a Court Claim Form within 48 hours

and true to their word it landed on the mat today.

 

I have done some reading on this site and most cases seem to be around outstanding Catalogue balances

and in some cases only part of the money was being claimed,

in this case all of the debt is being claimed by BC.

 

Please can someone advise what my next move should be;

 

we still have no response to the CCA from Lowells

and although we cant prove it we believe this debt is over 6 years old

 

I wondered if the Statute Barred comes into effect here?

 

I opened an Experian account for my wife today and there is no reference to this on her credit file at all as a default account?

 

I am guessing that I should send a CPR 31.14 Request to BC and also acknowledge the Claim with the courts and contest it?

 

I have read so much on here today that my head is spinning so any assistance would be very gratefully received.

 

Many Thanks,

Mat

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Good old Bryan 'bloody' Carter,

loves his threats of court claims,

then splits them,

he wins two ccj's, horrible little man.

 

Yes Acknowledge the claim, and defend.

 

Not being on the credit file is a plus,

the only dead cert way of finding out if it is SB or not would be to submit a SAR to the bank,

however if it is over six years since the account was closed

then they probably wouldn't have any statements either.

 

CPR 31.14 will scare this little man off.......

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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Thanks for the reply Bazooka Boo.

 

Quick question,

if I acknowledge the claim immediately does it impact on my time to gather my defence?

 

I believe I have something like 5+14 days to acknowledge

and then another 14 to gather my defence and submit it. If

 

I acknowledge now does that immediately cut me down to 14 days for defence?

 

Thanks again!

Mat

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No.......its 33 days irrespective...can you type out their particulars (verbatim) less any identifiable data.

 

Regards

 

Andy

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Hi. Thanks for the help so far....

 

The Claim Form states:

 

In the Northampton CCBC

Issue date 07 Feb 2014

 

Claimant:

Lowell Portfolio I Ltd

Re: Lowell Financial Ltd

Registered Office

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Address for sending documents and payments:

Bryan Carter Solicitors LLP

11 De Havilland Drive

Weybridge Surrey

KT13 0YP

 

08453133125

LOW/.....

 

Defendant:

My wife's name and our address

 

Particulars of Claim:

 

This claim is for XXXX.XX the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

 

This debt was assigned to / purchased by Lowell Portfolio I Ltd on 24/06/2013 and notice served pursuant to the Law of Property Act 1925

 

Particulars

Re: Lloyds

A/C No ......

 

And the claimant claims XXXX.XX

 

The claimant also claims interest pursuant to S69 County Court Act 1984 from 24/06/2013 to date at 8% per annum amounting to XXX.XX

 

Amount Claimed: XXXX.XX

Court fee: 75.00

Solicitors Costs: 80.00

Total amount: XXXX.XX

Edited by Andyorch
Amounts removed
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Sorry another quick question... Do I tick the 'I intend to contest jurisdiction' tick box? I have selected to defend all of this claim but am not sure about the jurisdiction one?

 

Thanks

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Thank you mhf...

 

Make sure you use the correct CPR 31.14 (Current Accounts) and or (Credit Card/Personal Loan)

 

Andy

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Sorry another quick question... Do I tick the 'I intend to contest jurisdiction' tick box? I have selected to defend all of this claim but am not sure about the jurisdiction one?

 

Thanks

 

no

 

 

from the account number is this the current account or the credit card.

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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Some more queries for you please...

 

From my POC (which I have posted above)

I can see that the key words 'Agreement', 'Assigned' and 'Notice Served' are all used.

 

When I write the CPR 31.14 request do I still include a request for:

 

1. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

2. Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

These are not specifically mentioned in the POC;

however can it be assumed that they should still exist and as a result I am entitled to request copies?

 

These of course may be items that were sent to my wife some time ago;

however its so long in the past now and much of this happened before we even lived together.

 

Do I also request a copy of the 'Notice Served' which from the POC suggests this is a notice served by Lowells to my wife?

 

One final one,

shall I also include a copy of the letter sent to Lowells back in November requesting a copy of the signed CCA,

which we have thus far had not response to?

 

Thank you once again for your on-going support with this.

Mat

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you can only request what is specifically referenced to in the PoC.

- the paperwork they indicate they will rely upon.

 

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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Some more queries for you please...

 

From my POC (which I have posted above)

I can see that the key words 'Agreement', 'Assigned' and 'Notice Served' are all used.

 

When I write the CPR 31.14 request do I still include a request for:

 

1. The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 .Yes leave it in anyway it may give them a clue as to what they are actually suing for

 

2. Notices of Sums in Arrears under running account credit CCA2006 sec 86C. Yes because they are requesting interest which this notice facilitates its permittance

 

These are not specifically mentioned in the POC;

however can it be assumed that they should still exist and as a result I am entitled to request copies?

 

These of course may be items that were sent to my wife some time ago;

however its so long in the past now and much of this happened before we even lived together.

 

Do I also request a copy of the 'Notice Served' which from the POC suggests this is a notice served by Lowells to my wife? This refers to the The Notice of Assignment which you should already be requesting within the CPR 31.14

 

One final one,

shall I also include a copy of the letter sent to Lowells back in November requesting a copy of the signed CCA,

which we have thus far had not response to? No you can raise that within your defence

 

Thank you once again for your on-going support with this.

Mat

 

Regards

 

Andy

We could do with some help from you.

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Thanks for the responses.

I have now written the CPR 31.14 and a SAR for LLoyds which will be sent off ASAP...

 

I have done some more reading on all this and have discovered that even though the CCA request was ignored,

this is largely irrelevant anyway as it is an overdraft on a current account that is being chased;

at least we think it is but the number being claimed doesn't add up to what state it was in,

in fact they are asking for over double!

 

Although I hope the SAR will clear this up as there is nothing on her credit file regarding any of this....

 

Another thing, which may be delving too deep into a legal mine field...

. This all happened some years back when she lived at her old address with her now ex-husband

she then moved in with me into my house that is solely in my name

(on the advice of certain people she had to do this quickly, most of her stuff was left behind)

and we have since married (around 7 months ago).

 

The DCAs have contacted her here;

however should this all go slightly wayward I don't want anything affecting this house.

 

Her ex still lives in their old house which her name is still on,

so if a charge order is placed can it not be placed there instead of here?

 

Bearing in mind her name is not on this house only her old one..

..in fact, although the accounts were not used since Oct 08

she wrote a letter to the bank in Feb 09 after the 'dust had settled' formally requesting the accounts be closed

and stated that they could place a charge at the old address if they so desired.

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if your house in solely mortgaged/owned in your name, it is safe.

 

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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Hi all. Just want to say thanks for all your help so far. I have got some more info / queries that I hope you can help with...

 

The original debt was an overdraft. Although I sent the DCA a CCA request in Nov we didn't have a response. Are overdrafts covered by a CCA, does this argument work at all? I have read differing opinion on this one...I sent a PO for £1 so have no idea is it was ever cashed although I do have a signature from Royal Mail for the CCA request showing it was delivered.

 

The account was taken out in 1992 and was marked in default in 2009 and the OC assigned / sold it on in 2013.

 

I have sent BC, who is acting on behalf of the DCA a CPR 31.14 request and I have sent a SAR to the OC; however they have 40 days to respond which is after the date that defence is due to be submitted so this may not help at all?

 

In all reality what are the hopes of successfully defending this, the fact its an overdraft concerns me based on what I have read?

 

I have also noticed that the OC has marked the account as 'Satisfied' although it is still 'in default' and there is no new account showing the DCA having taken it on. Does this matter at all?

 

Any advice / assistance greatly appreciated as always.

 

Mat

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Overdrafts are covered by the Credit Consumer Act but not with regards to requesting a CCA ...they are exempt except for part v.

 

Andy

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No paperwork really required with regards to facility but with regards to the termination and enforcement you should have received a:-

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974..

 

You did use the CPR 31.14 Overdraft version?

We could do with some help from you.

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I did indeed and it included the clause that you mentioned above. So now I guess we wait and see what BC come back with.....

 

Thanks Andy!

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I did indeed and it included the clause that you mentioned above. So now I guess we wait and see what BC come back with.....

 

Thanks Andy!

 

:thumb:

We could do with some help from you.

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

 

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Hi All...we have received what looks like the standard response from BC...

 

Dear XXX

 

XXX V XXX

Account Number XXX

Outstanding Balance XXX

 

We write further to your letter dated XXX requesting disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the claim form was issued by the Northampton County Bulk Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

 

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm we are not agreeable to an extension for filing your defence.

 

We confirm we are in receipt of your acknowledgement of service.

 

As you will be aware a Claim was issued in this matter on XX. Please respond to the claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you.

 

We recommend you seek independent legal advice.

 

Yours Sin......

 

Any assistance on where to go from here would be great!

The issue date on the Claim from the Court was 7th Feb, so if I am correct my defence needs to be submitted by:

 

7th Feb + 5 days service + 14 days (AoS sent) + 14 days = 33 days, so defence by Wednesday, 12 March?

 

Many Thanks,

Mat

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Keep your eye on the dates and start to prepare a defence.

We could do with some help from you.

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Thanks Andy....I am not sure what defence there is though? BC didn't send any of the documents through as requested and the SAR with the OC remains as yet outstanding.... I dont even know where to begin with this one so a point in the right direction would be greatly appreciated.

 

Many Thanks,

Mat

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Take a look at other Lowells threads here in legal .....you cant miss them there are 1000,s ....all of which contain a defence or about to draft their own.

 

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

 

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