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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
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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.
       
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      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
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      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.
       
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      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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Hoist/Cohen claimform - Barclaycard


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Many thanks Andy. Do I reel off a copy to cohen, the court and keep one for myself ?

 

Yes..in line with dates prescribed in your Notice of Allocation (Directions)...attach copies of your CCA and CPR requests and any responses..ideally were you refer to the claimants disclosures and your requests sent within your witness statement you should mark your paragraph (see exhibit 1a..1b ) etc and copy and attach the agreement/T&Cs/DN and anything else that you refute.

 

Regards

 

Andy

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  • 2 weeks later...

Hi

 

The date in court for this is later this week. Any final tips or advice anyone can offer ? What to expect ?

 

Will I have to talk much or will the judge see from the witness statement my argument ?

 

Cheers

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The District Judge will lead the trial and you will be asked at the relevant stages for comment...so be prepared to expand on your statements and have the relevant documents easily to hand so yu can quickly refer...keep calm ...talk clearly...anything you dont understand or disagree with then state so.

 

Andy

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Depends on the complexity of the claim...1 hour to hour and half

We could do with some help from you.

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Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment.

 

 

BMW case is good to use with credit cards too.

 

Carey was also good to use with any old agreement thrown together.

 

 

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

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Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. - no it doesnt

 

 

BMW case is good to use with credit cards too. - no it doesn't only on a very narrow selection of HP agreements

 

Carey was also good to use with any old agreement thrown together. - no it doesnt

Even pre 2007 ones.

 

 

Lost on everything.

 

Still in shock

 

 

judge lottery

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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Absolutely awful that. Judge was vile. Upheld everything they claimed.

 

Statute barred runs from default notice termination not last payment. Wrong.... termination Notices are not issued on Credit Cards

 

 

BMW case is good to use with credit cards too. Wrong

 

Carey was also good to use with any old agreement thrown together. Wrong..Carey is about requesting a copy of the agreement..not enforcing it

 

 

Even pre 2007 ones. As above

 

 

Lost on everything.

 

Still in shock

Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

We could do with some help from you.

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Bet you are...sometimes you get these judges as DX refers to Judge lottery....not interested in Consumer Credit Law..not interested in Defendants and Justice ..probably in a rush to get home watch the tennis and complete his/her expenses for the day.

 

Post when you get notice of judgement Benny.....and we will get it down to £1 per month.

 

Commiserations.

 

Andy

 

 

Thanks.

 

That's the thing also. When he said the full amount plus cost was payable he took immense pleasure in informing me the full amount MUST be paid within 28 days. Little other option. Honestly it was horrific.

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Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

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Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Hardly going to bother about that looking at the list above which was of no concern to him....

 

Benny...you can submit an N245 for a forthwith judgment (see Legal Library) you can get exemption on the fee if eligble £50.00...you complete the I&E and offer of payment...I assume you have very little left after your living expenses so will be offering £1 per month

 

Andy

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Commiserations Benny, did the fact that the s78 was unreadable hold no merit? There are examples of Judges going the other way on that if you care to read them, google cabot financial vs bachellier for one example. Unbelievable the discrepancy between Judges verdicts in these cases.

 

Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

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I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

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Honestly he didn't want to know. They could have brought anything and he'd have accepted it. He was more than happy that Carey allowed you to use anything reconstituted as long as it had a signature and address. I was shocked he can't have taken much notice if any of my witness statement

 

Most probably didnt even read it.

 

I almost forgot. They wanted to impose extra costs at the end for my apparently "wasting the courts time for even bringing it to court"

At one point it even looked like he was considering this but came down on the side of "I had a few relevant points" so knocked this back !

 

That was generous of him.

We could do with some help from you.

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Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

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Not for everyone, but have you thought of appealing the decision? It has to be on a point of law but any Judge cannot go against precedent or legislation, unless they are a higher court, which this wasn't.

 

Have considered it. Is it worth it ? What's the likelihood of success ?

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Have considered it. Is it worth it ? What's the likelihood of success ?

 

I went to the court of appeal on a case that was originally for for £680. I had to do it all myself as although I was on very safe ground, i.e. the magistrate made an a55 of himself, i did not want the cost of a lawyer if it went south. Likewise, I asked for costs when I won and got nil awarded, despite spending fully 5 minutes doing an Al Pacino impersonation from Carlitos Way. Its hard work and the court system will give you zero assistance.

 

You may well get £1 a week payment but ultimately you still have to pay c3k. It sounds like the DJ got it wrong and if the agreement is not in the prescribed form then it is not enforceable, as established in a higher court.

 

You have to decide and there has to be a compelling reason for raising an appeal, such as a mistake in law. This forum would need to see the full transcript to give its view, at the end of it all, it is an opinion based platform, but within the relevant range of the legislation "CCA" and precedent - the highest court having sway, and a lower court CANNOT go against that.

 

What some forget is that judges can be crap, or just human, and make mistakes.

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