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    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hi Mum,

 

More hot air from CRS that I suggest you ignore completely. Absolutely no need to find a lawyer !

 

Let us know what further contact you receive and we'll continue to advise.

 

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  • 2 weeks later...
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This week I have received several texts and at least one call from CRS demanding I ring them back urgently to discuss my account.

I never answer calls from unknown numbers just in case - so they always go through to voicemail if they want to leave one.

I feel a little harrassed! Is there any way I can prevent them from ringing me?

I read another thread on this forum about a guy who had them writing letters to him for years! Is that what happens in most cases?

Thanks for all your help so far:)

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Send the telephone harassment letter. If they continue calling and ignore you, then take them to court for harassment

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 TM1,

 

Will they write to you for years - NO !

 

Once they realise you will not be intimidated by their actions, they will move on to find someone weaker to bully.

 

You can send them the Phone Harassment letter from our Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-(update-21.04.2014)&p=4192607&viewfull=1#post4192607

 

Adapt it as necessary to refer to text messages. Send the letter to Harlands and tell them this letter addresses both Harlands and CRS.

 

Keep us updated and don't let their bullying get to you.

 

:-)

We could do with some help from you

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  • 2 weeks later...

Ok, received another letter from them this morning - following several phone calls and text messages which I have ignored. It reads as follows:

 

We regret that despite our attempts to reach an amicable resolution to your account, you remain in arrears to Xercise 4 Less.

We must therefore give notice that failing to reply to this letter within the next 10 days will result in your account balance being passed to Zinc Group LTD, one of the UK's leading providers of debt recovery solutions.

WE WOULD STILL LIKE TO RESOLVE THIS MATTER

We're happy to listen to your reasons for not paying and will do whatever we can to reach an acceptable resolution for both parties. All that is required is for you to call us on 01444449165 by no later than 20th October 14 so we can discuss your account further.

 

Yours sincerely

For Credit Resolution Services

Rob Avery

Collection Manager

 

Do I respond to this letter? Is it legal to pass my details on to another agency?

As always, many thanks for your advice:)

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Hi Mum,

 

Let them pass it on if they wish.

 

We'll send Zinc scuttling off back under their rock when they make contact !!

 

Keep us informed .............

 

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  • 5 weeks later...

Ok, so I had a call from Zinc today which I ignored as an unknown number. They left a message on my answer phone asking me to contact them and giving me a reference number, but not telling me who they were or why I was to ring them which seems bizzare.

What should my response be to this? Do I write to Zinc and ask them to desist calls? Were Harlands correct to hand over my information to them?

Many thanks for your help:)

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I have had an email from Zinc today:

Dear Mrs Parker,

Welcome to the Zinc Group, we have been instructed by our client to assist you with the resolution of your account. We would therefore like to invite you to review the options we have made available to you as a priority customer, these have been designed to make the process as simple as possible while ensuring that you have full control of your circumstances.

 

At Zinc we understand that not all our customers are the same, but we are committed to treating all of our customers fairly.

 

You can visit our website WeWantToSayYes.co.uk or contact your personal account manager in order to:

(Range of options of how to pay/make an offer)

 

 

 

They say they are working for 'CRS on behalf of Xercise 4 Less'.

 

I also received another phone call from them today - ignored it again - went to answerphone. Still asking me to ring them urgently at 'my earliest possible convienience'.

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Hi Mum,

 

Letter to Zinc Group :-

 

I refer to your email of 15th November and to phone calls and messages from you.

 

This matter has been in dispute with Harlands for months and they have no right to pass on a disputed debt to Zinc for collection.

 

Anything you have to say must be put in written letters only and you must not contact me by phone or texts or email.

 

Unless and until Harlands reply to me properly, you must not contact me further. If you do, you will be included in my complaints to Trading Standards.

 

Keep us informed. Also, keep a note of all contact from CRS or Zinc in case a formal complaint is needed.

 

:-)

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  • 2 weeks later...

Hi Mum,

 

Let us know when Harlands or CRS or Major & Co make further contact.

 

I hope you can now see that Harlands, etc have done nothing significant since your letter at the end of May (post #12).

 

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  • 1 year later...

Well, it's been a long time! But today I had a text from CRS saying 'Please call CRS today on 01444449... as your account has now been returned to us from the Zinc Group. We're open between 8.30 - 6pm'

I really thought that the end of this had been a long time ago.

I have moved since and am no longer at my old address. Do you think I should contact them again to let them know this? I don't think I will have had any post from them as it should have been forwarded on if not, but I suppose there is always the chance it has not been.

Surely they cannot still be chasing this?!!!

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Hi TMum,

 

I've just replied on a thread where Harlands/CRS are still sending begging letters after 4 years !! See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?471800-CRS-(Zinc-Group-amp-Harlands)

 

Send Harlands/CRS a simple letter saying :-

 

Dear Harlands/CRS,

 

Please note my new address is xxxxxxxxxx.

 

However, if you make any further demand for a matter that was closed well over 2 years ago, formal complaints about your harassment will be made to the appropriate authorities.

 

Yours faithfully,

 

Get a free Cert of Posting at the PO.

 

After this, you can ignore further comm's from Harlands/CRS, Zinc and Spratt Endicott, their new pet solicitor.

 

:-)

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From seeing other threads here recently, I think Harlands/CRS are trawling up older cases and having a further go at them.

 

But the clear reality is this - if Harlands/CRS were serious about the court action they so often threaten, they'd have instructed their pet solicitor to do this years ago.

 

They are just chancing their luck, risking no more than the cost of postage.

 

:-)

Edited by slick132

We could do with some help from you

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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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  • 2 weeks later...

Ok, I had a further text from them (but from a different number) earlier this week: 'We're now able to offer you an amazing 50% settlement. Please call CRS on 01444 449165 between 08.30 - 6pm in order to agree this with us'

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And after sending the letter about change of address etc last week I received this letter today from CRS:

Further to your recent correspondence regarding your account

We have passed your file by Xercise 4 Less in regards to unpaid arrears due under the terms of your Membership Agreement.

On 7 Feb 2013 you entered into a Membership Agreememt with Xercise for Less. You agreed to pay £9.99 a month and give a months written notice when you wished to cancel.

As your payments were not honoured and you failed to rectify your breach of Agreement charges were applied to your account and your file was referred to ourselves.

Xercise for Less have not received the relevant notice from you to cancel your Membership.

 

 

Please contact us within the next 7 days on 01444 449165 to discuss repayment of your balance.

 

 

Yrs Sincerely,

N Bright

 

 

What do I respond to this?!!! My account seems to be £158.97....which is interesting

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Hi Mum,

 

There is no need to respond to either their text or their letter.

 

Simply ignore but keep us posted ................

 

:-)

We could do with some help from you

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                                            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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  • 2 weeks later...

Another text message today: 'Please call CRS on 01444449165 between 9am and 6pm. We sent you a letter a week ago and we need to discuss this with you. Thank you'.

 

They are VERY ANNOYING!!

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Yes they are but ignoring them works just fine !!

 

:-)

We could do with some help from you

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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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Yes

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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