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    • 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. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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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


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

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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.

 

:-)


We could do with some help from you

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                                            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 !:-)

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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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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 !:-)

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