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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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kjm987

Help! Harlands / Xercise 4 Less / Money to be taken tomorrow!!

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Hi everyone!

 

I have read previous threads in this forum, but have began panicking and would much appreciate personal help!

 

Long story short,

my direct debit of £9.99 bounced on the 5th of August due to lack of funds, and I fully admit responsibility.

 

 

I was on holiday until Tuesday, and returned to a letter dated 6th August saying that the £9.99 plus £25 admin charge

will be taken from my account on the 16th, and will not be able to stop after the 14th (tomorrow).

 

I emailed the company on Tuesday (after reading threads advising to stay off the phone)

however have had no reply other than a generic thank you for your email which I received yesterday.

 

In my email I stated I would be happy to pay the £9.99 on the 16th,

however should they take the £25 I will be unable to pay my next monthly instalment and would need to cancel my membership.

I was hoping they would waive the fee as this is a first time offence.

 

I haven't used the gym in two months, so would be looking to freeze my membership anyway,

but I don't want to cancel the direct debit if it will result in further letters and a damaged credit rating.

I am desperate to get this sorted today so they don't take money I don't believe is theirs (admin charge).

 

Any advice would be gratefully received!

 

As a side note

- I have since looked up my membership terms and conditions, and the email given at the time of joining says

I have paid no admin fee and am paying £9.99 for 11 months.

 

 

I joined in the gym, with a member of staff, however she charged me £10 admin fee and I was not told it was a year contract at any point.

 

 

Is this enough of a reason to phone the gym and complain?

 

Again thanks for any help!

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phone your bank

cancel the DD

 

 

there is no legal remit whatsoever for them to charge any admin fees.

 

 

as for you credit file

these accounts do not show

 

 

dx


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Hi KJM and welcome to CAG

 

I doubt Harlands will waive their admin fee because this was your first bounced DD. This is NOT how they normally work.

 

But you will get nowhere by phoning the gym or Harlands. Stay off the phone and, if they call you, tell them "In writing only ! " and then hang up.

 

It may be too late to cancel the DD payment if it is due for payment tomorrow. However, if it is paid by the bank, you can get the full amount refunded under the DD Guarantee Scheme.

 

The good news is that, if Harlands have tried to take their £25 admin fee on top of the monthly fee, you have good grounds to cancel the gym agreement with immediate effect. The grounds are simply that Harlands are abusing the DD mandate by making you pay unlawful and unenforceable penalties.

 

Let us know if the DD was paid by the bank, or not.

 

Then we can help you start dealing with Harlands/CRS.

 

Do not worry about the threats that Harlands make. They have no power or authority and they will not affect your credit rating.

 

Also, read other threads here to see how folk deal with Harlands and the problems they cause.

 

:-)


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I stand by Slicks advice. YOu will have grounds to cancel it based upon abuse of the DD Mandate. Your bank will be able to claim the money back from them. You shouldnt get any charges and if you do then you complain.

Harlands will pass to CRS and itll go from there, but even so... This wont stand up if it is scrutinised properly.

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Sorry for the delay in reply! Thank you all for your advice, it has calmed me down!

 

The £34.99 was taken from my account, so I believe my next step is to contact my bank and ask for it to be refunded as it was unauthorised?

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Yes do it immediately.


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 again, the bank have processed and will have the money bank within two days.

 

Should I now cancel the direct debit? What is the next step?

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Hi KJM,

 

Did Harlands take the DD on 14th Aug and was it for £9.99 plus their £25 admin fee.

 

Is the next DD due around 5th September.

 

:-)


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They took £9.99 plus £25 admin fee on the 17th. The next direct debit is due on or after the 5th of September yes.

 

Thank you!

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Hi KJM,

 

If you DO want to remain a member of the gym, let us know. We can draft a different letter.

 

If you DON'T want to remain a member, you could now write to Harlands as follows :-

 

Dear sir or madam,

 

Membership at Xercise4Less, XXXX [town or city]

 

My DD payable on 5th August was not paid by my bank and you then applied for the £9.99 payment again, plus a £25 admin fee.

 

The admin fee on top would leave me in financial difficulty and I have therefore had the full payment refunded by my bank under the DD Guarantee Scheme.

 

Your admin fee is an unlawful and unenforceable penalty and your attempt to charge this is unfair to me, despite membership T&C's including provision for such charges.

 

Accordingly, I consider the membership agreement to be unfair and withdraw from it with immediate effect. The DD mandate will be cancelled with my bank.

 

If you make further demands of me, I will make formal complaints to Trading Standards and to The CMA.

 

Yours faithfully,

 

:-)


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Thanks Slick, I've sent that in an email and have cancelled the direct debit!

 

Will update once I receive a reply, I anticipate some threats but determined to fight this!

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Hi all,

 

Just had this email through today and wondering how to respond?

 

We thank you for your email,

 

One of the terms of this agreement, which you have agreed to be bound by, is that "If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or if any cheque is returned unpaid or if any other form of payment is not honored for whatever reason, you shall pay us on demand an administration fee of £25."

 

£25 is the amount deemed by our directors as representative of our costs in dealing with the administration involved with a missed or returned payment. When we submit for a payment by Direct Debit which is then returned, we are also charged by the bank. The charge also covers the costs we incur to reapply for the payment out of your regular payment dates and sending letters.

 

The administration charge cannot be removed as it has been applied correctly as per the terms and conditions of your membership.

 

Should you wish to cancel your membership you would need to discuss this directly with Xercise 4 Less as simply requestintg the money back and cancelling your Direct Debit does not cancel your membership.

 

Please note we will continue to chase for outstanding payments and the money that you have claimed back unless we have direct information from Xercise 4 Less to not chase this.

 

As you have below stated you understood the charge would be applied under the Terms and Conditions then this has been applied correctly and our charges are under the guidelines of the Financial Conduct Authority, this makes the charges lawful and enforcable, should you have felt these were unfair you should not have signed up to the facilities.

 

For all Enquiries Call Harlands : 01444 449166 () Quote Reference : 32878272 /

 

Office hours: Monday to Friday, 9am - 5pm

 

Yours sincerely,

 

Casey for Harlands

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Hi Kjm,

 

Their comments saying, " ........our charges are under the guideleines of the FCA, ........ " are utter tosh in my opinion.

 

I see no reason to reply to Harlands as you've already said all you need in your last letter.

 

Let us know what they send next.

 

When Harlands/CRS next contact you, I may consider a letter to the gym, as well as complaints to Trading Standards and The CMA. The gym should be made aware that the reason you have cancelled is the unfair manner in which Harlands have treated you.

 

:-)


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yep utter tosh

 

 

even the FCA call them a penalty regardless of its level

and thus they are unlawful.

 

 

dx


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Thanks for all your help!

 

I have since received a letter today stating I need to withdraw my claim for the £34.99 back or I will be facing yet another £25 admin charge which will be passed to debt recovery but I plan on ignoring it.

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Yes, don't even dignify their letter with a response.

 

Let them add all the admin fees they want - they won't be paid !!

 

:-)


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Every time they add their charges, email me, I'll collate them for you... Contact the CMA and lodge a formal complaint with them.

http://www.which.co.uk/consumer-rights/problem/i-think-theres-an-unfair-term-in-my-contract-what-can-i-do-


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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Hi everyone,

 

Apologies I haven't been on in quite a while!

 

I received a letter this morning:

 

... 'A payment of 34.99 has been issued to your bank for an indemnity claim made by yourself. As explained previously, this payment was due and as such, in line with the terms of your agreement we have applied a 25.00 administration charge meaning that you need to pay 59.99 to clear your arrears.

 

Please contact us etc. ...

 

Failure to pay this sum by 23 SEP 15 and reinstate your direct debit instruction for your ongoing contractual instalments will result in further charges.'

 

Also, I have been receiving texts from 'xercise4les' with rejoining offers, which would suggest I am now no longer a member.

 

Am I just to continue ignoring?

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Silly billy's 'WHO' sent you that?


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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Whether it's from Harlands, CRS or anyone, ignore it for now,

 

Replying to them would be a waste of time and paper.

 

Keep us posted.

 

:-)


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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.

 

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The texts came from 'Xercise4Les' however I am sceptical because surely it would be Xercise4Less? However I have kept the texts as evidence:)

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Maybe Les is unable to do any exercise, that's why they sent you that message, see if you could do it for him?


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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Hi everyone

 

Since last post I reviewed another letter from Harlands, same as usual demanding payment. This stood at £164.91, £94.98 of which is arrears and the rest I'm not sure what it's made up of. This letter said to contact by the 7th of October but I ignored it.

 

I today relieved a letter dated 27th October, from CRS. They've added £66.50 so now say I owe £231.41. This appears to be a standard letter from Rob Avery giving me 3 options, and says they'll cease further letters for 7 days.

 

Am I to continue ignoring? I refuse to pay it.

 

Also, been receiving a few suspicious texts which I have kept, the lastest from 'X4L' saying my account has now gone into default and to phone a number. Obviously I'm ignoring this too, but is it normal procedure to send confusing texts from numerous senders?

 

Thanks all:)

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