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    • See my previous post(s): unless you gained a benefit by agreeing to repay some or all of the loan, no contract was formed, and you don't have to pay anything (unless you promised to pay by signing a 'deed').   From the sums involved, this action is likely to fall outside of the small claims track of the County Court, so costs can be awarded. I'd suggest writing to the claimant, noting that there is no enforceable agreement between them and you (as the 3rd defendant), and given this is likely to not be in the small claims track they might wish to discontinue their claim against you before you incur costs that you'll seek from them. You might wish to see a solicitor (they'll often give an initial 1/2 hr consultation for free), who may agree this is correct and offer to write a letter phrasing it for you, for a nominal sum.   That doesn't do anything for the first and second defendant, BTW, who (if they owe the money) can't necessarily avail themselves of this approach.   If this doesn't work you MUST: a) file an Acknowledgment of Service (AoS) in time, and b) file a defence in time, otherwise the claimaint might succeed in getting a judgment against you 'in default', (... simply by you not replying with an intent to defend, and then your defence, in time)
    • This is another trick. They offer you a settlement even though they're shutting down the limited company as i predicted. You drop the car and they don't pay you. In the mean time the car has been stripped and sold for parts, the limited company has folded and you are left dry. Your only hope is to start a section 75 as suggested or try to convince companies house not to strike off the company which is near impossible.  The fact they have 60 cars for sale means nothing.  They can sell them to a new limited company for £1000 each and use the money to pay wages. All in one day.
    • Wondering if anyone can advise me how to resolve my issue.   I owed MoneyBoat 2 x £143.53, 1 payment due end of Sept and 1 due end of Oct. I made a payment of £70 bringing my payments down to 2 x 85.15 which saves me money overall.   I then a few days later rang and made another £75 payment. This time my payments only reduced from £85.15 to £59.95....so if I add it up it actually costs me more. 2 x £59.95 plus the £75 payment is £194.90 where as the 2 payments I had left only total £170.30 (2x £85.15). I spoke to MoneyBoat but they insist it's correct, but I don't see how. I insist it's not, as by their calculations it would have been better for me to just pay the 2 x 85.15.   Is there anyway I can raise a complaint about this? Is this something I could raise with the Ombudsman? Moneyboat keep talking about interest, but if my 2 x 85.15 payments INCLUDED the interest, then how does paying an additional £75 early only reduce the payments by a total of £50.40 ? Am I missing something?
    • Hi again, yes long story. The property had previously been let and as my husband and i had separated  the plan was he was moving into it. It needed work and he was disappearing working on fitting new work tops decorating etc. This didn't happen. Hes a pathological gambler and i discovered bills mortgage etc were not paid. 2 years ago it went to court where a suspended repo order was granted. On the most part i made sure  payments were made but already the sum quoted at the possession hearing the paperwork had loads of charges for letters etc. We agreed to pay the monthly installment and an amount off the arrears. Then i got poorly with CFS and didnt work for a couple of months and despite speaking to santander and paying as much as i could the solicitors took it straight back to court. The house was on the market and we asked for time to sell and 3 months was agreed. We thought we had it sold however they pulled out and santander enforced the order for possession. By then id had enough and knew there was enough equity to clear the mortgage and associated costs and their solicitor claimed because of my ill health and ex's gambling there was no way forward.  It was sold by a local estate agent who reduced the market price from 49 950 to 30.000. I wrote an official complaint letter to santander head office  About the undervalue and he replied stating they had 2 valuations. Ive got all the details of other houses in the immediate area which were on the market and selling costs. Ive got all statements and letters where costs were added and officially complained. Ive spoken to FOS who said i needed to complain directly to santander first. In the meantime 8 months after the sale this letter arrived despite my complaint.    
    • Name of the Claimant ? it’s a private name and address   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.issue date=  no date shown .theres a sticker saying the case number over the box.   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. A claim for monies due= on the 11 April 2016 the claimants entered  in to agreement with the first and second to loan the first defendant the sum of £6300 on the terms set out in the agreement dated 11 April 2016. b The first defendant was to repay the claimant the full amount of £63000 within the 6 months from the date of agreement. The first defendant would make £2000 to the claimant on each 1st day of the month. C in the event of the 1st defendant failer to repay the loan or the monthly payment the defendant was to transfer the 30% ownership of the 2 businesses. 2  the second defendant agreed to be the guarantor to the first defendant with the agreement dated above and in the event of any default of the repayment  by the first defendant and the value of of the eforementioned business was not sufficient to cover the amount borrowed or any outstanding monthly payment agreed the repayment amount loan. 3   third defendant agreed to pay the £63000 to the claimant together with the monthly payment of £2000 on behalf of the first and second. [This is me as I never signed or said I will pay more then the amount borrowed].   What is the total value of the claim? £46600.00 plus court fees of £2330 +solicitors £100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? not sure   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no   Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?   No was a private loan   When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ?  not really   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? no   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. yes further the claimants has said in his statement that £68000 payment has been paid.[ £45 by me and £23000 by my son.] thanks for all the help so far. do i need to send anything at the moment.
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brightday

how can i cancel 12 month gym contract early please?

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Hi Henry and welcome to CAG

 

I suggest you give the gym a letter saying :-

 

Your membership administrator, Harlands, has added admin fees because of a failed DD payment. Because such fees are unlawful penalty charges, Harlands have not treated me fairly and I therefore terminate my agreement with you immediately.

 

My DD Mandate will be cancelled as well.

 

You must tell Harlands to cease all further contact with me and I will not pay any more to the gym or to Harlands.

 

I know you may have already visited the gym but no matter. Cancel the DD mandate with the bank immediately or you will be charged by the bank for the failed DD attempts.

 

Harlands will send you all sorts of threats but we'll keep an eye and help you as necessary. In the meantime, ignore any threats from Harlands and DON'T call them.

 

:-)

 

 

can you tell me if this could be used for a 12 month contract where you have cancelled the direct debit as i cannot afford to go anymore? theyve sent me a letter saying i must pay the dd and £25 admin charge and reset the dd up

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can you help me please, i have a 12 month contract with gym4all (harlands) and cannot afford to carry it on, im only 2 or 3 months left in the contract...... ive cancelled the direct debit and a day later got a letter saying im being charged £25 admin for this and i have to pay this and the £25 monthly charge and reset the direct debit up......... i really cannot afford this, can you help me please?

 

thanks

Edited by brightday

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Hi Brightday and welcome to CAG

 

Your 2 posts have been merged into your thread here.

 

Cancellation in the initial m/ship period will normally only be allowed due to :-

 

1. Redundancy or a significant drop in income.

 

2. Relocation moving home.

 

3. Relocation from your work address if this is near the gym.

 

4. Significant injury or illness likely to stop use of the gym for several months.

 

Do any of the above apply to your circumstances, bearing in mind that the gym or Harlands may want sight of appropriate evidence to support any of the above situations.

 

Don't use the letter above yet, until we know more about your case.

 

:-)


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hi, no none of that is an issue, im just over tired due to working a lot and being depressed, ive found i just cannot keep going to the gym - im also struggling to keep up the payments as my car is eating into all my money. thanks

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Hi BD,

 

If over-tiredness and depression are problems, they could be reasons for cancellation. If your GP is aware of these issues, a short letter from him/her would be very useful to you.

 

Is that possible ?

 

:-)


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

 

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