Harlands/CRS **WITHDRAW COURT CLAIM**

[slick132]

Hi Fed,

 

We're working on this but can you confirm the name and town/city of the gym.

 

[slick132]

From info in thread earlier, it's Vitality4Less

 

The letter in post #23 that you referred to in post #25 - I know Harlands didn't reply but did you get any proof of posting or of receipt please.

 

Defence is pretty much sorted and will follow ..................

 

[slick132]

Hi Fed,

 

The defence recommended is :-

 

 

1. The claim is denied.

 

2. In any event the defendant has no knowledge of the claimant – CRS – and has never entered into a contract with them.

 

Current opinion is that you need say nothing more than this for now but, if they continue with the claim, you will expand on the reasons for your defence.

 

[Federalez]

Hi Slick,

 

Apologies - I've been without access to the web for a few days.

 

Yes - The Gym is Vitality 4 Less in Cardiff Bay.

 

No, I didn't have proof of posting of the letter in December which included the bill. I think we may have discussed that by PM at the time.

 

I understand the reasoning. So I simply reword and submit this through the claim handling site as a defence?

 

Cheers

[slick132]

Hi Fed,

 

No need to reword the defence. Send as suggested using the online system.

 

Please also confirm, do you have any T&C's from when you joined. If so, can you post them here in PDF format. See the guide for this at post #207 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?273653-Help-RWay-9-Year-Old-Debt-lowell-claimform-What-to-do&p=4569683&viewfull=1#post4569683

 

[Federalez]

Thanks Slick..

 

I didn't receive any clearly marked T&Cs - This is the closest I have. (I have removed personal info).

 

Cheers

[slick132]

Hi Fed,

 

If there's anything else, whether clearly marked as T&C's or not, post it here so we have as much info as poss.

 

[Federalez]

Hi Slick,

 

I've attached a PDF containing the ONLY three mails I received from Vitality.

 

Cheers

[slick132]

Thanks Fed.

 

Send the sol'rs a reminder 14 days after the CPR request enclosing a copy of the original and tell them you require their full response within 7 days.

 

[Federalez]

Sure - Sorry, that slipped my mind.

 

I did get a response from the sol's after a few days, confirming receipt of my CPR letter and suggesting they couldn't meet the 7 day timeframe. However, I have received nothing since.

 

Of course, I'll send the reminder regardless.

 

Cheers

[Federalez]

Hi Guys,

 

I received notification from the court and a reissued claim from the sol's confirming the name change. (Now : AG Fitness Ltd t/a Vitality 4 Less).

 

But in attempting to process the response to the claim online I see no reference to the next step. My online "account" shows that the last action was the issue of my last defence?

 

Think I'm missing something here and never having been through this it's all very confusing indeed. Any assistance would be gratefully received.

 

Cheers

[dx100uk]

no that's correct

 

 

next move is theirs

 

 

dx

[slick132]

As the claim has been re-issued, you may need to file a new acknowledgement.

 

Then a further defence which will, this time, deny knowledge of the new claimant at the CRS address.

 

What is the re-issue date of the claim.

 

Then we'll get you some answers.

 

[Federalez]

Hi guys,

 

Thanks. The issue date on the newly received (reissued) form is the same as the original claim 15/03/2015.

 

Cheers

[slick132]

Seeking clarification on this and will come back asap.

 

[Federalez]

Apologies,

 

The issue date on the reissued claim (received from Spratt Endicott) is the 5th March 15 (not 15th) - anyhow, it's certainly not a "new" date.

 

However, I have just noticed on the docs received from the court, that there are a number of different dates, the general direction (N24) order has the date: 19th May 2015. And contains the text:

 

- Permission is granted to amend the Claimants name from Credi Resolution Services to AG Fitness Ltd t/a Vitality 4 Less.

- The life of the claim to be extended until 14/9/15.

- The claimant shall serve the Claim Form and the Response Pack.

 

The "Application Notice" N244 has the date 15th April 2015.

 

Images of these have all been provided.

 

Cheers

[slick132]

Thanks Fed.

 

I'll come back when I get further opinion from the Team.

 

[slick132]

Hi Fed,

 

Site Team Andyorch says you should treat the claim as new, send an Acknowledgement of Service and Defence.

 

Of course this time, we will have to reconsider the defence and what, if anything, to say about the claimant's right to make the claim.

 

[Federalez]

Hi Guys,

 

I have reviewed the the documents provided by Spratt Endicott and compared them to the original Claim. The original claim contained a password and clearly indicated that the claim could be responded to online.

 

The reissued claim does not contain a password - and makes no reference to an online response facility.

 

I can provide a screen shot of the MCOL Status Summary page which provides no facility to issue any further AoS, nor does it currently require any additional defence?

 

Must I provide this AoS/Defence reissue by mail only?

 

Which leads me on to - Spratt Endicott provided a blank/incomplete photocopy of the response pack. Which I don't believe I can complete because the AoS section doesn't contain details of the Claimant (although assumed to be AG Fitness Ltd t/a Vitality 4 Less) or more importantly the Claimant Ref? In addition to this on the reissued claim form the reponse address is CRS' address and NOT Spratt Endicott?

 

I'm not sure how to proceed.

 

Cheers

[slick132]

Hi Fed,

 

I think you need to call MCOL tomorrow seeking confirmation on this. Explain that you had no online facility to file a new AoS and you are now concerned that Defence deadline is almost up.

 

If they say a new AoS was required and a new Defence is required, tell them you have no password to facilitate this.

 

Let us know what they say.

 

[Federalez]

Hi,

 

I spoke to MCOL today and they told me that the Certificate of Service had not been received by them.

That the reissued claim was sent with an incorrect Issue Date, and that in light of this an AoS may be submitted by me today

- this will set the AoS date and presumably then the Defence issue deadline.

 

I have submitted the AoS with the intention to defend in full.

 

Cheers

[slick132]

Ok, so that gives you revised Defence deadline of 30th June which must be met, allowing time for postage unless you can submit by email again.

 

[Federalez]

As part of the AoS I did ask the question about what process to follow for issuing the defence.

 

I'll update when I receive a response.

 

Cheers

[slick132]

Hi Fed,

 

Please see my PM to you about the defence which I believe is due Tuesday 30th June.

 

Edited June 29, 2015 by slick132

[Federalez]

Hi,

 

I'll put this as matter of factly as I possibly can due to time and clarity.

 

The court are yet to receive a Certificate of Service.

This means they have no record of the date the claimant served the reissued claim.

This is still documented by the court and claimant as 05th March 2015.

Their advice is to assume date of receipt (unknown by me) as the issue date - and to issue a new defence ASAP.

They may supposedly still receive a Certificate of Service - despite previous instruction to me from the court andthe fact that it's around a month since the reissue.

 

Unless I hear to the contrary I will file the defence provided by Slick by email before 5pm today. As I believe this to be priority and right thing to do.

 

Cheers