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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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originaloreo

CRS / Xercise4less

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Hi all!

 

I was hoping someone here could possibly provide some help/advice with the situation I am in. (first time I have dealt with anything of this sort so excuse the ignorance)

 

To put sum up:

  • signed up with Xercise4less sometime in October 2014, while studying at uni at £9.99 p/m
  • moved out from uni the following year in August 2015
  • called the gym, I believe in aug/sept to terminate my membership, and explained I had moved out
  • I was told I would need to provide proof that I was now living in a new address (my family home).
  • I explained that I may not get a letter to my home address for while, and the person advised that I could simple called my bank to cancel the direct debit

 

So I received a text sometime last week from CRS with an urgent request I call back, not thinking much of it I called back (I now realise I shouldn't have) and they explained I had outstanding payment with Xercise4less gym. They explained that they have sent me a letter explaining the situation, I told them that I would not have received that since I have already moved out of the address where the gym I signed up was.

 

I was a bit taken back by the call and was hesitantly in the process of paying the fee over the phone. Fortunately my better judgement decided against it and I instead asked for a new letter to be sent to my home address. The gentleman over the phone claimed I could settle the issue with a payment of around £75 and was insistent I do so.

 

Received the letter a few days ago, which states I am required to pay something like £170, with £100 in fees of some sort (sorry I don't have the letter with me to provide exact details).

 

Not sure where to go with this, I do not remember whether I signed a 12-month contract or if it was rolling monthly.

From reading other threads I understand I should keep my contact with the parties strictly written and not over the phone, but I have already naively spoken to a representative over the phone so I am worried that may have hindered any future appeal...

 

Thanks for taking the time out to read this far, any help would be very much appreciated!

Edited by originaloreo

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Don't beat yourself up about speaking to these clowns over the phone, now you know better, so if they ring you in the future you can just laugh and hang up.

 

It is likely that this was a 12 month contract so, going by what you have said you would probably owe a maximum of two payments, can you remember if it was August or September you called them to cancel?

 

Any fees they have added are unenforceable and you can definitely ignore those!

 

Slick will be around to pen you a response to them, which will offer them a final payment of one or two months fees? but only if they agree to it within a certain time frame, failing which, you will pay them nothing, and they can then be ignored as they go through their entire laughable threat & intimidation process, culminating in Spratt Endicott solicitors attempting to intimidate you into paying hundreds, before they give up and hand it back to the gym.


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 Oreo and welcome to CAG

 

I'm so pleased you decided NOT to pay CRS as I doubt you owe them any more than £9.99 in total.

 

You should read other threads and find a suitable letter to send by post to Harlands (not CRS). You need to tell them :-

 

1. Note my current address is xxxxxxxx xxxxxxxxx xxxxxxx, and I will deal with this matter in writing only.

 

2. I contacted Xercise4Less gym at [town/city] in August 2015 to cancel my membership as I was a student and had moved away from the gym on finishing Uni.

 

3. The most I owe you is £9.99 for the month's notice which I should have given before stopping the DD mandate.

 

4. I will only pay this if you confirm in writing within 14 days that my payment will settle this matter in full.

 

5. After 14 days my offer will be withdrawn.

 

6. I will not pay any admin fees added by Harlands/CRS.

 

That's all you need to do for now. Send the letter to Harlands and get a free Certificate of Posting at the PO when you send it.

 

Oh, and stay OFF the phone completely from now on.

 

:-)


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