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    • The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   2. Paragraph 2 is denied. The claimant pleads that the defendant failed to maintain the required payment, arrears began to accrue. Given that the claimant has failed to comply with my CPR 31.14 request and failed to evidence such fact and would not be in a position as Assignee of debt to know the details of any alleged breach. The defendant has never received a Default Notice from the original creditor. As the claimants plead in their particulars precise knowledge of the default, they are put to strict proof to evidence such fact.   3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • I will get my son to upload the video when he gets in. No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights. Maybe it didn't get faster but he feels like it did (not clear on the video)  I'm picking him up from work tonight I'll pay attention to the gradient when I go back.   He'd only changed up to 2nd so he wasn't driving fast    Upside he knows now to always be prepared for ice  
    • Not sure why you keep changing your point 1 back to .....   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   1. Paragraphs 1 is noted and accepted that the Defendant has in the past had financial dealings with  Vanquis.I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   We you the court the claimant already knows ......The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. its on the claim form.   Keep it as post #59 add post #66 renumber job done.
    • Hi all   Update, so they still have not provided any statements/documents etc regarding the account (I have the original SAR though) and since the beginning of October I have received a letter stating that they believe the debit is not SB because a payment of £340 was made April/May 2014 (this is credit and refund mentioned earlier in the thread). They have so far not received the statements etc from the bank but will forward them on due course, but if I should contact them to arrange a payment plan.   I have since had a offer of a 50% settlement and then last week a 75% settlement. My view is that they are just hoping I will bite and pay them something but that is not going to happen, I have not communicated to them since that single telephone conversation back in July.   The one thing I have noticed when I use Check My File is that the account status was changed November 7th to Query at Equifax, even though the default expired on November 4th so it should have disappeared by now. The original Satans Bank default was removed on time, but the Cabot account reference is still there albeit not negatively impacting my score it just has a status of 'Q' against November and the balance showing. There is no history showing before November it almost looks like a new account was setup with a Query status against it.   Does anybody have any idea of what is going on here? The cynical side of my is thinking they are forcing me to get in touch with them in writing about the account before their incorrectly perceived April/May SB date passes. I know Equifax does take longer for updates compared to the others agencies and in a few weeks it may be gone.   I'm just wondering what peoples views are, personally my credit score is almost in the excellent bracket and I'm not planning to get any credit soon so it makes no difference to me for now.
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0161

Excercise 4 Less/ Harlands/ CRS **RESOLVED - Harlands told to back off**

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Hi

 

I’ve read a few posts on here but would really appreciate some advice please?

 

Around this time last year there was a fire in my apartment block and the whole thing burnt down.

 

Without going into too much detail, I lost everything, only recently getting some normality back.

 

At the time of it happening I dealt with all kinds of bills and redirecting mail etc.

The most insignificant thing was the Xercise4Less Gym membership.

 

I went into the gym, spoke to a girl on reception and explained that I had relocated miles away so need to cancel.

 

She told me not to worry and that my membership was cancelled, everything was sorted.

I never signed anything, was asked to pay anything or filled in a form she just took my details and it was as simple as that.

 

Obviously I the next place I went to was the bank to cancel the DD (amongst other things) and never heard anything

 

 

about 6 months ago when I started to get bombarded with calls from Harland’s/ CRS with requests for £80 fees

 

Eventually spoke to a manager at the E4L Leeds office and they said they would reduce it to £60 something.

Told them it was a joke and they’ve obviously been sending correspondence to a building site

and I have been incurring fees since.

 

I would have paid the £10 membership at the time if I was made aware– I even offered to pay the £10 there and then.

 

They couldn’t care less really and told me that I’d had an email with full terms and conditions so they weren’t willing to accept any responsibility. The argument continued until I eventually hung up on them.

 

Left it at that,

I haven’t heard anything until now when I received a text message from Spratt Endicott

which seems to be their new solicitor?

 

What would be the best course of action here?

 

All they have is my phone number and previous address but they haven't made any real effort to contact me

except for leaving automated voicemail and text messages.

 

Judging by the comments on here I feel it would be best to ignore the texts/ calls but don't want to land myself in hot water

 

Surely this just isn’t plausible?

 

Thanks

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all are powerless

you've offered the £9.99?

as many threads here advise?

if its been refused

tough luck on them


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Hi 0161 and welcome to CAG

 

I'd normally advise that you ignore the text from Spratt Endicott but you need to let them know your current address.

 

This may sound odd to you but it could save you the hassle of getting a CCJ against you that you know nothing about. If Spratts realise you're not responding to letters sent to the old address, they could use that address to issue a claim for gym fees, admin fees, court costs and interest. First you'd know about it could be when an unpaid CCJ shows up on your credit files, or you get demands at your current address after a DCA tracks you.

 

You could challenge the CCJ and maybe appeal but it's a lot of hassle that you can easily avoid. Giving them your new address means you can keep track of what Harlands, CRS, Zinc, Spratts are up to.

 

Once they have your new address, they can make all the demands they like and you can continue to ignore them if appropriate.

 

For this reason, I suggest a letter to Spratt Endicott as follows:-

 

Spratt Endicott

The Green

S Bar St

Banbury

OX16 9AB

 

Dear sir or madam,

 

I refer to a message received from you asking me to call you. This is about a gym membership with Xercise4Less at [town/city] gym.

 

Please note my new address is - [current address]

 

Please also note that I had to move home after my old home burned down last year. I explained this to Xercise4Less at the time and they accepted my cancellation without question.

 

I will not pay Harlands/CRS anything, nor will I pay you.

 

If you make any further demands, you will be reported to the SRA and other bodies as necessary.

 

Yours faithfully,

 

Send this by letter and get a free Certificate of Posting at the PO when you send it, so you have proof of postage.

 

:-)


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Thanks, very much appreciated, I'll send the letter and keep you posted.

 

what would you expect will be their next move?

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Hi 0161,

 

Not worth guessing. :wink:

 

Just let us know what their next contact is so we can suggest the appropriate response.

 

:-)


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Will do! Thanks Again

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Hello, its been a while!

 

I sent the letter and heard nothing since from Spratt Endicott however I have received a text this week whilst on holiday from Harlands...

 

Dear member, Harlands have now passed your account to a third party debt collector. To arrange a settlement figure please call us on 0113..

 

Not sure what to do next? Send Harlands a copy of the same letter?

 

Thanks again

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Ignore

A DCA Is not a bailiff


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi 0161,

 

If they were serious about taking action for this, they'd have started court proceedings already ..................

 

.............. except they don't do court, do they ??!!

 

Enjoy your hols and forget about Harlands, etc.

 

:-)


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Thanks again Slick/DX I'll keep you posted if there's any more movement.

 

Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

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Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

 

After the OFT won their important case against Ashbourne Management Services Ltd in 2011, I spoke to the OFT on many occasions about various gyms and their admin companies. But, when the number of Harlands/CRS cases was higher than ever, the OFT was shut down and their responsibilities have NOT been taken on properly by Trading Standards and The CMA.

 

One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

I will contact The CMA again asking them to look at the number of cases involving Harlands/CRS and also David Lloyd gyms who insist on 3 months notice.

 

:-)


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One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

done exactly on twitter (although I haven't used it for over a year) his and not even a reply haha :jaw:

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Well done and keep us posted.

 

:-)


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Hello again

 

Over a year later and I've now received a new letter in my new home, this time from CRS

 

They now state the balance is £207 with an added £36 for tracing me and have demanded payment within 7 days.

 

Your advice would be greatly appreciated

 

Kind Regards

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Hi 0161,

 

If Harlands/CRSs were remotely serious about taking any court action, they'd have started it a year ago.

 

They are just trying their desperate tactics again and should be ignored.

 

The good news is they've already found your new address so you don't have to notify them of it. The bad news (for Harlands/CRS) is that they'll can't charge you a penny for finding it !!

 

Keep us posted ........

 

:-)


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Hi Slick

 

Thanks for the quick reply!

 

The last time they chased me I was dealing with Spratt Endicott. This time it's CRS so wasn't sure if I should write to them inviting court action??

 

I tweeted Xcersize for less again yesterday and they've asked me to email them member.enquiries@xercise4less.co.uk

 

How would you approach this?

 

Cheers :)

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Hi 0161,

 

Yes, email X4Less saying :-

 

I think you should be embarrassed that you engage the services of Harlands/CRS who have such a bad reputation for harassing your members.

 

They add on ridiculous amounts in admin and collection fees and harass members like me for months and years. There are hundreds of similar cases currently active on the internet.

 

Are you happy to continue to allow Harlands/CRS to harass your gym members. If so, I will include you as co-defendant in any court action I take against Harlands/CRS..

 

I suggest you tell Harlands to leave me alone immediately.

 

Send this and let us know how/if they reply. You should also use Facebook and Twitter to embarrass X4Less online but do this politely - more effective !!

 

:-)


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Slick,

 

after reading your response I put together an account of what had happened and signed the email off with exactly the above.

 

After 2 year I can finally put an end to this!!

 

They've recalled the case, advised CRS to stop pursuing me for arrears and accepted the cancellation apologising for the inconvenience

 

Your help and advice is massively appreciated! So glad this is sorted, cannot thank you enough!

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Hi 0161 and I'm delighted the gym has told Harlands/CRS to leave you alone for good now !! :whoo::whoo::whoo:

 

I'll change your thread title to reflect your win. (having probs at the mo but will sort this asap)

 

If you can manage a Site Donation, it'll help us be here to support others being bullied by Harlands/CRS.

 

:-)


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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.

 

Thanks !:-)

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Not a problem, more than happy to donate to keep this going.

 

Thanks again!

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Thanks 0161 - Much appreciated :thumb:


We could do with some help from you

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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.

 

Thanks !:-)

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