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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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annieb_101

Hello 😊 another X4L / Harlands / CRS poster

style="text-align:center;"> Please note that this topic has not had any new posts for the last 420 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Hi

 

Only signed up today but I've been reading quite a few posts.

Can't wait to use Slick132 letters in regards to Harlands / CRS.

 

How am I best starting the letters as they don't have my correct email or even my address (never moved yet never received any letters they've said they've sent me)?

 

Thanks Annieb_101 x

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Moved to the gym forum


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Ignore

Stuff all they can do


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

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Backstory ...

 

I had signed up for a 12 month NHS offer with X4L at £1 per month.

I only went to the gym once but kept the contract going until the 12 months were up.

 

I then forgot to cancel so actually paid an extra 3 months at £9.99 (no further contract).

 

When I realised this I cancelled my DD through my bank,

I realise now I should have given 30 days notice.

 

I contacted X4L when I first received the "your account is in default " message and they told me I had an admin fee to pay!!!

 

From then on I've ignored everything and only ever received phone calls and texts, no emails or letters.

 

My question is so I need to check they have my correct address before sending them a letter offering my notice £9.99 payment?

 

Thanks x

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Well you could

But imho you had no need to pay those 3 £9.99 payments.


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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I'm not going to get it back so I'm not bothered about that. Do I still need to give notice if a new contract hasn't been signed or even seen? X

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Whos says you cant get it back?


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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Ooh ok .... never thought about that, any advice on how I'd go about that? Thank you x

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Chargeback from you bank or dd guarantee


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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You say 12 mts

What did it say the terms were after that 12 mts!


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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I genuinely have no idea, I signed up over 15 months ago and planned on cancelling after the £1 pet month had finished x

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Hi Annieb and welcome to CAG

 

Sorry but I think you have no right to reclaim the DD payments of 29.97 paid since the m/ship went beyond the initial 12 months.

 

If you wanted to cancel, you should have given notice in the last of the initial 12 months. You didn't so the gym was right to treat the m/ship as an ongoing rolling monthly agreement.

 

Use one of my drafts to offer a final 9.99 which you now realise you should have paid before stopping the DD's. Once they refuse to accept your offer, you can simply ignore them.

 

Get a free Cert of Posting when sending the offer letter.

 

Put the draft here for checking first if you want.

 

:-)


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Thank you,

I presumed that.

 

Yeah I have the drafts saved, who do I send them to, X4L or Harlands? Thanks x

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Harlands at their Haywards Heath address.

 

The letter goes to them by post as per other threads and don't speak to the gym or Harlands/CRS by phone for any reason; no emails either.

 

No contact apart from the 14 day offer letter.

 

:-)


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Hi,

 

I eventually got round to sending the letter and CRS replied bang on the 14 day mark saying they won't accept the £9.99 offer. I sent the letter to Harlands but didn't hear from them.

 

CRS have since posted me another letter and attempted to contact me several times.

 

Where do I go next?

 

Thanks Anna

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Nowhere

Ignore 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

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ignore. They've had their chance. You'll get 1 or 2 more letters then they'll stop


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi,

 

I'm still being hounded and I'm getting pretty worried by this as they're threatening legal action. What will happen next?

 

Thanks,

20181011_224202.jpg

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Read it properly and the advice already given

Doesnt say will anything

And its from a dca

Not the gym


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,

 

Sorry what do you mean by "doesn't say will anything"

 

Still really new to all this, kinda hoped they would have accepted my payment offer and buggered off

 

Thanks

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Then you need to read other threads

 

Now go back and read the letter PROPERLY

Where does it use the word WILL?


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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Had to hide your upload

Name showing....


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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Ah okay thanks, thought I blanked everything out.

 

They've said that they "Will commence further action"

 

Do you know of any cases where they've actually taken the legal action?

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option 1 or 2 =further actions..read the letter properly!

 

well 2 it is then

 

have you not bothered since june to read one other gym thread here?

 

only the owner of the debt can do court - not a DCA

no gym has done court since +2012

 

nearly every gym thread tells you this


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 Annieb,

 

Please read other threads.

 

Harlands/CRS make these threats all the time but never follow through with action.

 

Ignore the threats and don't respond at all.

 

Keep us posted.

 

:-)


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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