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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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Legalcare cancellation problem ** Resolved **


rosemaryb
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Well done Eversir!!! What a great job! Really helps us all so much.

 

I cancelled via paypal the day after registration. I received a reminder after first month and I immediately emailed in to query. It has been 3 months and it has now been passed to Daniels Silverman collections today. I wanted to ask your advice please, do I just wait it out until it goes to court and present my case?

 

The only thing I am worried about is that I am planning to apply for a mortgage next year and I obviously do not want anything bad marked against my credit file.

 

Any advice would be very, very much appreciated.

 

Also is there a way we can all collaborate and get these guys closed down? They are preying on vulnerable people and it is disgusting! Imagine there are loads of posts and complaints online but think of all the people that just pay it because they are bullied into it and scared. I cannot believe they are allowed to continue trading, especially after not turning up in court and cases ruled against them!

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If you want to take control of this, the best thing to do would be for you to begin a small claim against them for breach of contract – being that the term of the contract allowed cancellation within a certain period and that you complied with this and they failed to honour the cancellation clause.

 

If you claim for a modest amount – say £50 for the time and stress and inconvenience and also for the unlawful sharing of your data to a firm of debt collecting lawyers, this would be enough to get the claim going and it would put legal clear on the spot.

 

If you wanted to do this then I would suggest that you sent legal care a letter before action giving them 14 days to sort themselves out behave themselves or you will start the action.

 

Your chances of success are pretty well 100% and if they ignored your LBA and you issued the claim then you would get your claim fee back.

 

I'm afraid it is this kind of action that is necessary – plus making sure that you discuss it thoroughly on this forum – which will bring it to the attention of other victims and potential victims.

 

It's up to you. Unfortunately trading standards is not much use. Partly they are under resourced – but also they now seem to have the attitude that they are some kind of national Secret Service – MI7. They are almost completely inaccessible and apparently there are only taking reports from citizens advice – but it is not clear how citizens advice or reporting to them and once reports are made to trading standards, you never hear anything more. It's like wading around in mud

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Hi Rosemaryb, thank you for the kind words :)

 

I'm not sure what advice I can give that isn't already here. So much of it is determined by your individual situation too, but generally speaking:

 

- Ignore them until the the sealed court claim arrives

- Don't communicate with Daniels Silverman or any other DCA for that matter.

- Fight them if they are in the wrong and you feel strongly about it. It's not as daunting as it sounds.

 

Not sure whats happening with that trading standards investigation, but otherwise I guess its up to the public or the press to stand up to them and raise awareness.

 

----

 

Sorry Bankfodder, message crossed with yours! Great idea actually.

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  • 2 weeks later...

Thank you so very very much Bank Fodder and Eversir for your helpful replies.

 

Bank Fodder, on your great advice I have drafted an LBA and I wondered if you would be so kind enough to have a skim read and let me know if it looks ok. I tried to message you but it says your message inbox here is full :(

 

Your help and advice is truly greatly appreciated.

 

Regards

 

Rosemary

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Rosemary, if you would like to pop your draft on the thread (minus any personal details) then I am sure others would be pleased to proof it for you.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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New thread started for Rosemary's case including related replies.

 

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Hi citizenB

 

Thank you so much for your reply, I was not sure if it was ok to post the letter here just in case Legal Care follow this thread to try and get inside info to come up with further ways to back up their [problem], do you think it is ok to post, am I just being a worry wart lol?

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I don't think you need worry even if they were to see the draft, rosemary :) So ok to post up.

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks so much citizenB - see draft below, like the others I cancelled direct with Paypal and there is conflicting info on Paypal emails and website i.e. saying "to cancel a subscription login to Paypal and do XYZ" etc., on most instructions it does NOT mention to ALSO contact the company subscribed to in question, however looking back it does mention it one of the emails, however this is very confusing to consumers as it does not mention this on the website or in the first Paypal subscription email and I have taken screenshots of this as proof, so surely a judge would agree this is unfair as the information is not consistent?

 

Also if this goes to court am I allowed to present all the other complaints as supporting evidence i.e. to show it is clearly confusing for MANY people so something must be wrong? Like I could collect written statements from others and bring copies of all the complaints on forums like this?

 

 

DRAFT LETTER

 

Legal Care

Maritime House

Basin Road North

East Sussex

BN41 1WR

3 November 2014

Letter before court claim

Dear Sir or Madam

Re: Legal Care Subscription Cancellation

I am once again contacting you to advise that I cancelled my account within the trial period. I cancelled on the SAME DAY I signed up for the trial, just a few hours later.

After cancelling I was surprised to still receive a payment reminder from you at the end of the trial period so I immediately contacted you to re-confirm my cancellation and this was ONLY ONE DAY after the trial expiration date.

I have documentation to show I cancelled and to show that I clearly contacted you to reconfirm my cancellation, yet you have continued to chase me and have even passed my details over to a third party collection agency.

Given the explanation provided and the fact that I contacted you to reconfirm cancellation immediately, just 1 day after trial expiration (when I received your payment reminder), I would like confirmation back in writing that my account has finally been cancelled and that I have no fees due to you. I would like a reply as soon as possible to confirm you have received this letter. If you do not agree to my account cancellation then please send me a detailed response explaining why.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you for £50 in the county court without further notice, for the time wasted, undue stress caused by your disreputable tactics and for passing my personal details to a third party without valid reason or consent. These proceedings may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your reply.

Yours faithfully

 

 

 

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Generally OK, but the beginning is perhaps a little more convoluted than it needs to be. You only really need to state that you cancelled the contract the same day (via your chosen method, whatever that may be) and you queried their payment reminder more or less straightaway. Try merging those first three paragraphs into something a little shorter perhaps?

 

Also, is ADR a wise choice in this situation? (genuine question - no idea) I was under the impression that costs money too; not sure if you can claim it back?

 

Pretty sure you can't use my case as a legal precedent per-say, since it's a small claims matter. Nothing necessarily stopping you refering to it though I don't think.

 

Just my two cents anyway, others should chime in with better suggestions in due course :)

 

--------

 

What about this to begin with:

 

In response to [DEMAND] sent on [DATE], I am writing to state that I cancelled my account within the 14-day trial period. This cancellation took place the same day the trial started. Despite this action, I received a payment reminder from you at the end of the trial period which I immediately disputed by return email on [DATE].

 

To re-iterate: I am in possession of documentation to show that I cancelled within the free trial period. You have ignored this information and have continued to chase me for this disputed debt (even going so far to instruct a third party collection agency).

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Thanks so much Eversir, I have made it more concise, revised copy below. The ADR part was in all the templates I found for LBA's so I thought this was something we had to mention, I have amended to mediation for now as I saw it phrased like this in another template but if anyone could advise further on this it would be much appreciated.

 

DRAFT LETTER REVISION 1

 

I am once again contacting you to advise that I cancelled my account within the trial period on the SAME DAY I signed up for the trial. I also immediately contacted you to re-confirm my cancellation when I received your payment reminder the day after the trial expiration. I have documentation to show I cancelled and to show that I clearly contacted you to reconfirm my cancellation, yet you have continued to chase me and have even passed my details over to a third party collection agency.

I would like confirmation back in writing that my account has finally been cancelled and that I have no fees due to you. I would like a reply as soon as possible to confirm you have received this letter. If you do not agree to my account cancellation then please send me a detailed response explaining why.

To avoid taking court action, I would be agreeable to mediation to resolve this matter. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you for £50 in the county court without further notice, for the time wasted, undue stress caused by your disreputable tactics and for passing my personal details to a third party without valid reason or consent. These proceedings may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your reply.

Yours faithfully

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Thanks so much Eversir, I have made it more concise, revised copy below. The ADR part was in all the templates I found for LBA's so I thought this was something we had to mention, I have amended to mediation for now as I saw it phrased like this in another template but if anyone could advise further on this it would be much appreciated.

 

 

 

In response to [DEMAND] sent on [DATE], I am writing to state that I cancelled my account within the 14-day trial period. This cancellation took place the same day the trial started. Despite this action, I received a payment reminder from you at the end of the trial period which I immediately disputed by return email on [DATE].

 

To re-iterate: I am in possession of documentation to show that I cancelled within the free trial period. You have ignored this information and have continued to chase me for this disputed debt (even going so far to instruct a third party collection agency).

 

 

I must insist that you now confirm, in writing, that the account IS cancelled and that no fees are due to you. Alternatively I require your reasons for disputing the account is cancelled.

 

I look forward to receiving your response with 7 days from the date of this letter.

 

 

My tuppence worth

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I like CitB's version.

 

Keep it as short as possible but maybe still threaten court action. I would not mention a specific amount at this stage though.

 

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  • 2 weeks later...

THANK YOU ALL!!!!!!

 

MASSIVE thank you to everyone that gave advice. I wrote the LBA letter and Legalcare replied to say they would close the account as detailed below. I hope this helps anyone else in this situation, fight for what is right and do not let them scare you into paying something that you were duped into. Again thanks all!!!! :)

"You have no documentation from us that your account has been cancelled, however you may have received an email from PayPal following the cancellation of your payment instruction, however this would also have advised you to contact the merchant (us) to cancel your agreement, as merely cancelling the payment instruction does not cancel the agreement with the merchant.

 

However, as a gesture of goodwill we are willing to accept that it may have been your original intention to cancel your account and we will therefore arrange for your account to be closed with immediate effect and we have instructed Daniels Silverman to cease their collection activities on your account. No payment is required from you.

 

We trust that this is a satisfactory resolution to the matter for you."

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Excellent news I will amend title to reflect this :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Congratulations.

 

I do wonder if Legalcare read these threads, saw yours then saw that Eversir was assisting then thought about the slapping they got and capitulated before they got another one

 

:whoo:

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Congratulations.

 

I do wonder if Legalcare read these threads, saw yours then saw that Eversir was assisting then thought about the slapping they got and capitulated before they got another one

 

:whoo:

 

One can but wonder... ;)

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Hi Rosemary,

 

Delighted to hear your result with this.

 

We know for sure that Legalcare was following some of the threads and I think Paul Careless posted himself. However, they may not be following every thread that is started about Legalcare problems.

 

It really doesn't matter what they say about whether you received confirmation of cancellation from Legalcare or not - what matters is that they've agreed to drop the matter.

 

Great result !! :whoo:

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