Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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.    
  • Our picks

Rogar1471

Left gym in contract now getting Spratt Endicott Letter

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1471 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Hoping someone could help me, I've had a good read on the forum but can't find anything similar to my case.

 

I joined gym/swimming pool and ended up going fairly regulary for 3 months (in a 12 month contract).

 

The swimming pool kept being closed or out of use when I visited in the evening so after a while I decided to just cancel my DD.

 

I didn't give any notice and am now being asked to pay £300 by Spratt Endicott within 7 days.

 

What should I do?

 

Thanks in advance!

Share this post


Link to post
Share on other sites

Hi Rogar and welcome to CAG.

 

Who was the Gym Firm? Were the Payment Administrators Harlands by any chance?


 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites

I think it was but I can't remember in all honesty... Gym was a local council gym "CREDITOR: Cultural Community"

Share this post


Link to post
Share on other sites

Spratts won't do anything and are chancing their arm that you'll be scared of their idle threats.

 

Was this an exercise4less gym?

 

If the gym had broken their part of the contract then that is reason enough to cancel membership, but there is a right way to go about it.

 

Are you still living near 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!

 

 

Share this post


Link to post
Share on other sites

This was another reason for cancelled the gym, I have moved to the next town over to live back with my mum but I am still registered at the address I signed up to as my children and their mother still live there.

 

It was a Aspirations Wellbeing gym

Share this post


Link to post
Share on other sites

If you have moved and the distance/travel is excessive then that is a reason alone to cancel membership, combined with them closing the pool on a regular basis adds to your cancellation of the membership.

 

There will be a clause referring to this in the agreement, do you still have this?


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!

 

 

Share this post


Link to post
Share on other sites

Hi Rog and welcome to CAG

 

You were wrong (or at least unwise) to cancel the gym DD mandate or gym agreement without putting your complaint to the gym in writing about the pool being unusable. Did you speak to the gym manager or staff about your complaint about the pool being unavailable.

 

The move of home could work in your favour depending on distance. How far from your current address is the gym.

 

Ignore Spratts for now until we decide how you can best take this forward.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

@Bazooka Boo

I've had a good look and don't believe I have.

 

@ slick132

I agree, I was unwise and foolish. No, I never expressed my concern (other than to other members), lessons are being learned now (teach a man to fish etc).

 

Distance: 5.4 miles, previously: 1 mile.

Share this post


Link to post
Share on other sites

Hi Rog,

 

You have no reason to have cancelled on the grounds of moving away when the new distance from from the gym is still less than 6 miles.

 

So you should work on the issue of your wish to use the pool and it being regularly unavailable.

 

How often can you recall it being out of use during the 3 months.

 

To help you deal with this effectively, can you tell us :-

 

When you joined the gym.

How often the pool was closed.

When you decided to cancel because of this.

The name of the gym and the name of the company that administered the m/ship DD fees.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites
It was a Aspirations Wellbeing gym

 

 

Which one though?


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!

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...