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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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lizzard40

Fit4Less & Harlands, Another impossible cancellation

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Hi there guys,

 

I've signed up for Fit4Less gym on 23rd of February 2016.

When I was in the gym to sign up the lady told me that it's a rolling contract and I just need to cancel the direct debit in order to cancel my membership.

I then received an email with details about the direct debit and a PDF attached with the Terms&Conditions which I've also attached to this post.

 

However three months ago my work and university duties became so time consuming that I didn't have any time to enjoy the gym so I recently decided to cancel my DD thinking that it will also cancel my gym contract.

 

I've been paying £16.99 per month as per my contract.

 

Yesterday I received a mail which states exactly as follows:

"

Dear MR ***,

 

re: Your membership to Fit4Less

 

We are writing with regards to your membership for Fit4Less as we have been advised by your bank that your Direct Debit instruction has been cancelled and as a result we have been unable to collect your monthly installment of £36.99. Due to this payment being missed you have incurred a £20.00 administration charge.

 

 

We would like to help you keep up to date with your membership payments and we understand this may have been a mistake so would kindly ask you to contact the Harlands Customer Service team on 01444449029* to pay the outstanding balance and reinstate your Direct Debit. Alternatively you have the ability to make a payment and reinstate your Direct Debit using our secure online payment service by following the link and using the details provided bellow.

 

Go to *some url*

You will need the following information to hand:

- Ref Number

-Credit/Debit card details

-Arrears to be paid £36.99

 

Please note you will not be able to access the club until this balance has been cleared.

 

We remind you that under the terms of your membership you need to provide 1 month's notice and therefore need to make another monthly payment. Failure to do so will result in further action so please contact us immediately to resolve and avoid this.

 

If however you are having any problems with your membership or payments please contact the Harlands Customer Service team on 01444449029* or email us at *theire email* and we will be happy to discuss your account. We look forward to hearing from you soon.

Telephone lines are open from 9am to 8pm, Monday to Friday and we look forward to receiving your call.

 

Yours sincerely,

Harlands

"

 

 

After I read your thread about properly cancelling the membership I was so sorry that I didn't look at it earlier, but there was literally no way to see that coming. And on my only day off I've been researching this thing, because I'm not even sure they will leave me alone if I even pay those £37.

 

I'll be really happy if you guys can help me deal with another blackmail attempt.:mad2:

MembershipTermsAndConditions.pdf

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Hi Lizzard and welcome top CAG

 

Adapt this letter - http://www.consumeractiongroup.co.uk/forum/showthread.php?455225-Xercise-4-Less-Harlands-cancellation-and-administration-fees&p=4820863&viewfull=1#post4820863

 

Change it to refer to a rolling monthly agreement; use the correct monthly amount and offer just one month's fee; refer to the correct gym' etc.

 

Post it here if you want the letter checked first.

 

Read other threads here to get a feel for how the Harlands outfits works to harass gym members into paying.

 

:-)


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Hi Slick,

I really appreciate your help and prompt answer.

 

I did actually go through lots of other threads but wasn't confident enough to modify one, that's why I asked. Those guys are seriously harassing lots of people, it's crazy.

Lately I had tons of other stuff on my head, hence the late reply, I'm sorry about that.

 

The thing that I've scribbled is as follows, I'd appreciate it if you can have a quick look and see if it looks okay.

 

Dear Sir or Madam,

 

I refer to my membership at Fit4Less gym in blahblah with Harlands’ unique reference number (number from bank statement): blah.

My agreement with Fit4Less was on the basis of a rolling contract. The first payment of £16.99 was taken by Direct Debit on or just after blah. This payment consists of £0.00 joining fee and the first monthly membership fee payment of £16.99. And then £16.99 was collected from my account via Direct Debit on or just after the 23st of every month

I cancelled my direct debit mandate and this was adequate notice of my intention to cancel. I realize now that I should have given 30 days’ notice to cancel my membership so I am offering to pay one-month membership fee of £16.99 to cover the notice period, to you now. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you will accept the amount of £16.99 in full and final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

Yours faithfully,

blah blah

 

I will post it 1st class signed for so I got it tracked, as warned before.

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Hi Lizzard,

 

Your letter looks fine.

 

Don't waste money on RM Signed For delivery. Just get a free Certificate of Posting at the PO counter when you send it.

 

Keep us posted.

 

:-)


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Hi again,

 

Today I got a letter from Harlands dated at 12 August:

 

"We can advise we can take the payment of £16.99 without any further payments being made as long as the missed payment is made before the 19th of August.

Should you contact us after this date you would then need to pay the arrears plus 1 further month.

We trust you find this in order.

Yours sincerely,

Harlands"

 

 

 

This is perfectly fine by me, but they didn't clarify how to pay it exactly.

And I didn't find any bank details of them in the contract we had signed in the beginning.

 

Shall I ask them via letter or call/email them in order not to prolong the whole thing?

 

Or I can ask them via phone and then send them a letter confirming I made the payment and the reference number of payment so they can match it later, I guess?

 

How would you advise me?

 

Thanks in advance!

Edited by lizzard40

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Hi Lizzard,

 

Never call Harlands/CRS for any reason !

 

If you have an email address for them, use it to say :-

 

I refer to your letter of xxdate and will pay the £16.99 in full settlement of all that I owe.

 

However, I need your bank details to make the necessary payment so please provide these and a payment reference number.

 

If you don't have an email address for them, send the letter by post but get a free Cert of Posting again.

 

Or you could send them a cheque if you prefer.

 

Don't mention or worry about their deadline for payment. It's irrelevant.

 

:-)


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Hi slick132,

 

I've just sent them an email, I was slightly late as I'm currently dealing with exams as well.

I don't have any cheques to send them anyways.

 

Thanks for your advice, awaiting their response.

 

Regards,

Lizzard

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Hi again, Slick132!

After clarifying who am I, because they cannot use their letter reference number I got the following email:

 

"Dear Mr Blah,

 

Thank you for your email.

 

We can confirm to pay the outstanding arrears on your membership with Fit 4 Less you either have to send a cheque to our office or call the Harlands helpline a make a card payment over the phone with one of our advisors.

 

We trust you to find this in order.

 

For all Enquiries Call Harlands : 01444 449029 () Quote Reference : blahblah

 

Office hours: Monday to Friday, 9am - 5pm

 

Yours sincerely,

 

Harlands"

 

These guys are getting on my nerves! I see why everybody hates them.

 

I don't have cheque book with my card and even if I did I wouldn't send them one.

 

Anyways, the other option they give me is to call them and do the payment over the phone.

 

I'm not really eager to correspond with them over the phone as per your instructions (which really makes sense).

I simply cannot trust them they'll charge the correct amount and not go for the 37.99 initially requested.

 

I've had issues like that before and you can challenge the transaction with call to the bank and get it reversed, but I'm not sure in this case.

 

Please advise as you are the man with the experience.

 

Regards,

Lizzard

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Hi Lizzard,

 

Reply to Harlands by email :-

 

I refer to your email of xxdate.

 

I have no cheque facility on my bank account so this is not an option.

 

I will not call your helpline as you have an awful reputation for having people on hold for ages before answering properly.

 

Give me your bank sort code, account number and a payment reference so I can make an online payment, as previously requested.

 

Yours faithfully,

 

See how they respond.

 

If they continue to mess around, you could send them a Postal Order which I hope will annoy them. Or if they fail to reply within 14 days, I'd be inclined to simply ignore them.

 

:-)


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Hi Slick,

 

Email sent!

 

I'm going on a highly anticipated holiday in 10 days so I will surely ignore them whether they like it or not.

 

Regards!

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Hi Lizzard,

 

In that case, I'd send a 2nd email saying :-

 

Further to my email a few minutes back, you should be aware that I will be going away in 10 days time.

 

I need the payment details within 7 days to pay you before I go away.

 

Beyond that, you may not be paid at all.

 

:-)


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I got an email stating:

"Dear Mr Best Customer of The Year

 

Thank you for your email.

 

We can confrim a payment of your arrears will either need to made by call our office on the number below or sending a cheque.

 

01444 449029

 

Please advise us on what way you would like to pay your arrears.

 

Kind regards,

 

Sophie Kelly for Harlands"

 

 

Does the Postal Order fall into the category of sending cheque?

 

Otherwise I think I can use the phone (I can't really trust them) and then record the conversation in order to have it as a proof in case they deny later that I had called them.

Then if they overcharge me I will contact my bank to challenge and cancel it.

 

Your thoughts?

 

Regards,

lizzard

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Hi Lizzard.

 

If you're willing to wait for them to answer, call them to pay. Record the call and say, "Before I pay you anything, can you just confirm that my payment of £16.99 will settle all that I owe in full."

 

Unless they say YES to this, hang up and just ignore them from now on.

 

My concern is that their emails in posts #6 and #9 above are ambiguous because they do not say the payment offered will be accepted in full settlement of all that you owe.

 

Otherwise, can you get someone to write a cheque that you can send Harlands with a covering letter.

 

:-)


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They actually did in the letter they replied with. Although it kinda agrees that this payment will settle all that I owe.

 

It's in comment #6

 

Today I got a letter from Harlandsicon dated at 12 August:

 

"We can advise we can take the payment of £16.99 without any further payments being made as long as the missed payment is made before the 19th of August.

Should you contact us after this date you would then need to pay the arrears plus 1 further month.

We trust you find this in order.

Yours sincerely,

Harlands"

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Lizzard, this is Harlands we're talking about !!

 

They say, " .......... without any further payments being made ......... " Do they mean EVER or just at the time the payment is made. Also they refer to needing the payment BEFORE 19th August. So even if you called to pay today, they'd probably say you owe an admin fee on top.

 

Follow my advice in post #14 and let us know what happens.

 

:-)


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I've just called and payed over the phone on the phone number they gave me.

 

It all went through nice and quick, the automatic answer machine said I'm speaking with Fit4Less, but I thought that is someone who is actually at harlands.

I made sure I asked them that this payment is final and will settle all that I owe at full, to which the guy replied with "yes, that's right, yes."

 

So I'm happy for now. Anything else I gotta do, you reckon? Like ask them to delete my personal data or

 

Thank you Slick132 for helping out, I'll head over to the donation page and where are those scales of yours (from the signature) so I can click them! ^^

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Hi Lizzard,

 

Did you record the call ?

 

:-)


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Excellent !! Keep it for EVER though as you just don't know with Harlands !

 

Thanks for any Donation you make to CAG and you can hit the little STAR symbol in the bottom bar of my posts (I need to update my signature !!).

 

Keep us posted.

 

:-)

  • Confused 1

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Yes, It'll stay backed up for as long I have the account.

No worries, I clicked the star, I think it's all done.

 

About these guys I'm changing address soon so they can forget about me and I will forget about them in the same manner.

 

Thanks, thanks, thanks again for your help, I REALLY appreciate it!

 

Keep it up, I'll keep having a look on the forum, you know, learn from the mistakes of others - really good advice someone gave me.

 

Have a great day!^^

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Hi Lizzard,

 

Thanks for your Site Donation and for the personal Click.

 

If Harlands etc are still pestering you when you move, you should tell them your new address. Much better that you know exactly what Harlands/CRS, Zinc or Spratt Endicott are up to at any given time.

 

Others reading this should also see the guide here, which is not only good for gyms but for many other types of memberships, agreements, contracts, etc - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(2-Viewing)-nbsp

 

Keep us posted further if necessary ...........

 

:-)


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That's the thing - I suppose this whole thing is finished and they won't pester me anymore.

I don't mind sending them my new address (I don't know it yet) but at the same time I don't want to remind them about my existence. :D

 

The guide was the first thing I saw, but it was already too late.. haha, I wish I'd seen it before, but nevermind. Things happen, we pay and we learn.

 

It's how it is.

 

All the best to you, good sir!

 

)

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Hi Lizzard,

 

I added the Guide to Cancelling your Gym Agreement for others to see, maybe in time to use it !!

 

Decide what to do when you come to move. If they're still harassing you, give them the new address. If you've heard nothing from them for a while, don't bother.

 

Best of all would be if you are able to monitor post sent to the old address but that's not always practical or possible.

 

You know where we are if you need us. :wink:

 

:-)


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