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    • Just to clarify CPR 15.5 allows a defence to be submitted a further 28 days than normal IE 56 days.  (14th May 2022) The fact that they have allowed  further time is very generous on their part.   Andy
    • But did you request documents as per your response to their PAP ?
    • Hello fellow Gaggers.   I did what you all suggested and asked for my CCA from all the Companies/DCA’s involved. These were sent by first class to sign for on 6 June 2022. They all received and signed for these letters on either 7 or 8 June 2022.   None have come back with a signed by me CCA or relevant documents. Here are the replies I received are as follows:   BPO Collections, received a reply on 17 June with their letter dated 14 June, no CCA received by 27 June.   Dear ***** Please find your postal order for £1. Unfortunately, we are not able to accept this as we don’t charge for this. I have requested all the information you have asked for, once our client has responded we will send this over. Yours Sincerely, John McNamee.   Cabot Financial, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update, (their 12 days regarding an update is today 4 July, no post from them has been received).   You still have an outstanding balance of £****.** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account. Yours Sincerely, Stephen Shaw.     NCO Europe, received a reply on 13 June their letter dated 8 June, no CCA received by 27 June.   Dear Sir/Madam (can’t even get my gender right). Thank you for your request and payment for a copy of your CCA which we received today and have forwarded to your creditor. Your creditor has advised us that they no longer require payment for this (postal order for £1.00), therefore we are returning it to you. You will receive the CCA in due course If you have any queries blah blah blah……………… Yours Sincerely, Joanne Perry.   PRA Group, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** I am in receipt of your letter in relation to the above (request for my CCA) and have requested the required information. Until this is received, I have placed your account on hold which will cease any further collections activity until further notice. PRA Group UK Ltd do not charge any fee to carry out this request, I am therefore returning this payment (postal order for £1.00) to you. We will contact you to provide an update as soon as possible but if you have any questions, please contact us blah blah blah……………………………… Yours sincerely, Carissa Rae.   Idem Servicing, received a reply on 18 June with their letter dated 16 June, no CCA received by 27 June.   Dear ***** Thank you for your request pursuant to sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.   The balance of your account is still outstanding and we will continue to pursue this debt which will include any arrears and defaults with the credit reference agencies. We can confirm the balance of your account of £****.** remains due and payable and we will continue to contact you to discuss repayment proposals. In the meantime, we attach a statement of account detailing the transaction history. You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Yours sincerely, Rebecca Harper.   Rather than scan and post the letters I have received from the DCA’s I have typed out the main points of each reply I received. All have failed to send me a true, signed by me, with attached terms and conditions (at the time of signing) a valid Consumer Credit Agreement. Most of each letter seems to contain bluff and bluster, and veiled threats. One note of concern, would any of this come to bite me in the rear end, should I fail to pay them any more money, with regard to the credit reference agencies? I await your more knowledgeable responses.   Allets.
    • Well done. Different shops have different staff.  For customer service in future look at sainsburys. I know the CEO is the same. 
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Fit4less Harlands advice please?


Yoss17
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Hello, I'm new to the forum.

 

I’ve been reading some of your posts as I too received a letter from Harlands on 20 July demanding a missed payment and administration charge amounting to £42.99 after cancelling my Direct Debit (DD). My thoughts on reading the T&C on Fit4less and the advice given when I joined by the gym crew, was that I didn’t need to give any notice and cancelling my DD would be fine. Little did I realise that the contract with Harlands asks for notice! The letter advises me that 16 July payment has been missed and to contact Harlands by 3 August.

 

Based on your threads, I did not call Harlands but sent them a letter on 24 July as follows:

 

I refer to my membership at Fit4Less gym in XXX with Harlands’ unique reference number (XXX).

 

My agreement with Fit4Less was on the basis of a rolling contract. The first payment of £47.99 was taken by direct debit on or just after 22 February 2017. This payment consists of £25.00 joining fee and the first monthly membership fee payment of £22.99. And then £22.99 was collected from my account via Direct Debit on or just after the 16th 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 £22.99 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 £22.99 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.

On 27 July I received my second letter from Harlands.

 

Further to recent contact with our offices,

 

Harlands can confirm that one months notice is required to cancel all Fit4less memberships. As you cancelled your Direct Debit too early without stating your wish to cancel, your account went into default. Please contact our offices to make your 30 days notice.

 

We trust you find this in order.

Does this mean I can make a final payment of £22.99? Will this require another letter to confirm how to make the payment to them without me phoning their offices? Will I have a default on my credit history, as I don't want this to happen, and I'd rather have a clean history report if it means just settling the full amount.

 

Thank you for your help.

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Hi Yoss and welcome to CAG

 

The reply from Harlands simply wants you to call them when they'll try to convince you their admin charges are lawful and enforceable. They are not and we always tell folk to challenge them and never pay them.

 

Ignore the reply from Harlands. You've already told them if they refuse to accept the offer, it'll be withdrawn.

 

Stay OFF the phone and, if Harlands/CRS call you, just hang up.

 

Keep us informed and keep reading other threads here, all of which show Harlands/CRS doing nothing when ignored.

 

:-)

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Hi Yoss,

 

You made a clear offer but they were too greedy to take it. That's their hard luck and your gain !!

 

Stick with our suggestion and ignore them for now. Keep us updated ......................

 

:-)

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

 

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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