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    • Awesome. thanks for your very quick reply Dx! 
    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. 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. 3. 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). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs   Defence 1. The Defendant contends that the particulars of claim are vague and 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.   2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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 the nature of the breach and service of a valid default notice; (c) 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;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   8. 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.   Thanks, Molly,  
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TheLukos

Lifestyle/Gymgroup cancellation nightmare!

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I don’t know. I don’t have much experience in these matters.

Can it affect my credit rating?

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Which email are you using? Maybe we can tell you where your Sent messages are.

 

 

HB


Illegitimi non carborundum

 

 

 

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no it cant hurt anything at all credit wise etc etc.

 

what email device/program are you using?

 

and who is your isp


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Ok great thank you.

I use a hotmail address on outlook. My isp is sky

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So on the left of your emails, under where it says Folders, do you have a heading Sent Items?

 

 

HB


Illegitimi non carborundum

 

 

 

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Hi TL,

 

If Honeybee can help you find old emails, that's great but it really doesn't affect how you should deal with Harlands/CRS.

 

Please read other threads and you'll see we repeat the same advice to many other :-

 

1. Ignore the demands

 

2. Ignore requests that you call them

 

3. They will not take court or any other action that can affect you

 

4. This will not affect any credit rating

 

If you find any old emails that are relevant, let us know but DON'T contact Harlands/CRS about this.

 

Did you get the DD money back from the bank as requested by you ?

 

:-)


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Ideally I would liked to have retrieved the messages from lifestyle and gymgroup to me. The “Sorry you’re leaving us” emails.

 

I did get my money back via the dd guarantee.

I’ve never done that before! Harlands did exactly as you guys said and sent a threatening letter asking that I reverse the order.

 

Every time they contact me that add more charges

 

. I guess so psychologically we panic and want to resolve it. If they have no real power, I’m taking your advice and ignoring them

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Excellent, ignore their empty threats but keep us posted.

 

:-)


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Ok, today I have received a letter stating that if I do not respond, they will issue proceedings against me in county court.

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Now go read the letter PROPERLY..

Doesnt say will anything.........


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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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Who's the letter from ?

 

In any event, we'll probably still advise to IGNORE.

 

:-)


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Following our initial letter, we are disappointed that your account with Lifestyle Fitness - Hagley Road is still in arrears and our fee has not been paid.

We would still like to reach an amicable resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are:

1. LEGAL ACTION

We believe you are in breach of a legally binding contract with Lifestyle Fitness - Hagley Road because you have not paid your membership and our fees. We may pursue a claim under this contract through the Courts. If we do so the following process would apply:

1. We will write a formal letter explaining what we are demanding and give you a final opportunity to pay/reply;

2. If this failed to settle the matter we would issue proceedings against you in the County Court;

3. Youcouldtheneither:

a. make payment, ending the legal process, or

b. dispute some, or all, of the amount was owed.

4. If you dispute the amount was owed the Court process would continue, at the end of which

the Court would make a decision on our claim.

5. A strict Court imposed timescale will apply in relation to the Court process.

Were we to be successful in our claim, or if you ignore the claim, a County Court Judgment (CCJ) may be registered against you requiring you to make payment. You may also be liable for our costs of pursuing legal action and interest on the amount owed.

If you then fail to pay the amount covered by the CCJ we would take the next steps required to enforce the judgment. To do this we would have to make an application to Court.

2. OUTSOURCE TO EXTERNAL AGENTS

Your account would be passed to another Collection Agency who will take further action to recover the monies owed.

YOU CAN AVOID THIS HAPPENING IF WITHIN THE NEXT 10 DAYS YOU CONTACT US ON 01444 449165 TO ARRANGE PAYMENT WITH US.

Credit resolution services

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is from a DCA?


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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a powerless dca ...ignore

 

only the original creditor can take you to court.

..and even though we know CRS is harlands..

..makes no odds.

 

would also have to abide by the pre action protocol and send you a letter of claim giving 30days notice of POSSIBLE impending proceedings.

 

no gym etc has done court in +5yrs now and even then they lost.

 

 

dx


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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........... and remember, CRS aren't even a proper DCA !!

 

They're Harlands, pretending to be a separate company !!

 

Ignore and 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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