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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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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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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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Guess that will be option 2 then :wink:


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Just ignore yes?

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is from a DCA?


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

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It’s from credit resolution services

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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.

 

:-)


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                                            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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You guys are the best! Thank you so much

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