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    • I look forward to hearing from a member of the team 
    • Hi Selrahc and welcome to CAG   Please be in no hurry to contact X4Less, Harlands or CRS - they can do nothing for now.   Before you do anything, we need more info. Please confirm :-   1. Approx date you joined.   2. Were you told it was a rolling monthly m/ship by a staff member, or a longer minimum contract.   You have no need to reply to any demand from Harlands/CRS so ignore them for now.
    • why don't you have the green slip of the v5c and what do they want it for?  
    • thats pretty crap you can forget other agreement  thats simply a copy from Cabot filing cabinet of a blank agreement from somewhere and THB i seriously doubt even the tickbox one IS enforceable IMHO, not proof of the IP address used etc etc.   you indicated earlier this was taken out during a time of gambling etc?? was your credit file shot with defaults then and you had numerous other loans and debt etc etc   dx
    • Good evening,   I'm yet another person who didn't think before acting when it comes to a gym membership. I've had a read of quite a few threads before joining so I'm not exactly worried as I see the majority outcome is overwhelmingly positive from the members here, but I hope it's okay that I could seek some personal advice regarding dealing with Harlands myself?   I assumed that "no contract membership, no ties, cancel any time, no joining fee" meant I could cancel my direct debit through my banking app within my first month if I decide I don't like the gym (which I didn't) and absolutely nothing would come of it, I just wouldn't be able to get in the gym anymore. So I cancelled it a couple of days before my second payment was due, which I now see was a stupid thing to do.   After already cancelling my DD I then thought I'd better cancel it on X4L's website as well. Turns out "no ties, cancel any time" should actually read "30 day minimum cancellation window requiring two further payments". As they said my final payment would not infact be due 24th October, but instead be 24th November, even though when I cancelled my membership through the website, the 24th November was OUTSIDE of their 30 day cancellation window. Since I cancelled my DD during my first month without telling the gym and awaiting their cancellation window (which seems like such a scam when you read "no ties, cancel any time") it meant that my payment due 24th October bounced.   I feel extra foolish by the way, because I was certain I took a screenshot of my cancellation notice but cannot find proof of it anywhere, so I really hope that doesn't come back to bite me either.   Anyway as of today I began recieving text messages (which I cannot block - if someone could advise on that, that would be great!) and they also sent me this email:     And that letter reads:     I am well aware that from this point I will need to offer to at least pay the £14.99 for the bounced payment, which I am more than happy to do. I'm just worried that I'm also going to have to owe them £14.99 for November (despite it being outside of their 30 day window). I was just wondering at this stage do I send a letter to Harlands offering to pay the bounced payment but say I will not be paying the admin fee, and give them 14 days to accept that offer? And should I also send a letter to X4L explaining the situation, and ask for their pursuasion in getting Harlands to accept my offer?   Many thanks in advance to whoever responds, hope you can help a fool out!
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I have posted a similar thread before for Brian Carter

is he the same as Lowell

if so just wanted to clairify the first course of action is to go on MCOL site and defend all,

 

secondly request CCA,

the original date of account was 8/8/07

and I did pay something but am more than sure I have not paid anything to them in the last 6 years.

 

Please can someone just let me know if this is correct course of action.

 

Greatly appreciated

 

Mashmallow

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Can you look at this thread and copy over the questions in post #1, so you can provide more information. We don't assume you know what you are doing or what this debt might be.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

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Lowell Portfolio

 

Date of issue – 7th June 2016

 

What is the claim for –

1.The claimant claim is for the sum of £774.31 being monies due from the defendant

to the claimant under a home shopping agreement regulated by the CCA 1974

between the defendant and JD Williams under account ref etc.,

and assigned to the claimant on 20/12/12 notice of which was given to the defendant.

2.The defendant failed to maintain the contratural payment under the terms of the agreement

and a default notice has been served and not complied with.

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum a daily ra of £0.17 from the date of assignment of the agreement to 20/12/13 being the amount of £62.22ate of £0.17

 

What is the value of the claim? 966.53

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cat debt

 

 

When did you enter into the original agreement before or after 2007? 8/8/07

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. lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware

 

Did you receive a Default Notice from the original creditor? Maybe about 6 years ago cannot remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? 2007-8

 

What was the date of your last payment? Not sure

 

Was there a dispute with the original creditor that remains unresolved? Yes

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pop up on mcol

ack [aos] the claim

defend all

leave juris unticked

exit mcol

 

 

get a CCA request running to lowells

and

a CPR 31:14 running to the sols

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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can we just check

is it def carter who's the sols?

I think they have closed now

and its lowells sols now?

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Solicitors will be Lowells in house. dx100

 

Mash I thought you would be an old hand at this now.....and advising others how to defend.?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429174-Carter-claimform-old-Ambrose-Wilson-JDW-Cat-debt-***Claim-Dismissed***/page8

 

Regards

 

Andy

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Andy,

 

I did refer back to the other one but just needed to be sure not that clued up to advice others as yes. Thanks

 

Will do as before, I should have kept my old paperwork because this is similar.

 

Thanks again

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  • 1 month later...

You have submitted a defence ?

We could do with some help from you.

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Oh mash why oh why ?

 

 

Date of issue – 7th June 2016

 

 

33 days (19 to acknowledge service and 14 to submit your defence) which was the 8th July

 

Don't know what to say

We could do with some help from you.

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:frusty::frusty::frusty::frusty:

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Is this game over?

 

31 days late if one wasn't submitted..this is what happens when posters only post occasionally instead of regularly checking in.

 

Anyway looks like mash has gone to bed so we will be resuming here tomorrow...no doubt (another day late)

We could do with some help from you.

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I would think a quick check of either mcol or their cra file

will find a CCJ registered?

 

 

pers though I would have thought that a month on..

.the fleecing would be shouting with waving arms by now they wanted the money?

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I would think a quick check of either mcol or their cra file

will find a CCJ registered?

 

 

pers though I would have thought that a month on..

.the fleecing would be shouting with waving arms by now they wanted the money?

 

Could strike lucky if LOwells have forgot and not requested judgment.

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 The National Consumer Service

 

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come on marshy...pop up on mcol etc I see you're online here

go find out now..

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Their changing of sols might have allowed this to go under the radar. Surely Mash would have had notification of default judgement by now if it had been awarded...unless it was very recent?

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Their changing of sols might have allowed this to go under the radar. Surely Mash would have had notification of default judgement by now if it had been awarded...unless it was very recent?

 

Cant get a default judgment sham...an AoS has been submitted..they physically have to submit the N225

We could do with some help from you.

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Cant get a default judgment sham...an AoS has been submitted..they physically have to submit the N225

 

Ah....ok. Default is only if we don't acknowledge then....like my wife got with a Lowell claim. :redface:

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Yes neither acknowledged or submitted a defence.

We could do with some help from you.

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Sorry Guys you have all tried to help, I did not get back here till 11.00pm last night after doing my care rounds totally stressed. I was waiting for papers to arrive to defend my case did not receive anything so thought maybe they have dropped it, it is possible?? I defended the claim on MCOL since then not a word has passed.

 

 

Mashmallow

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