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    • Hi,   Stumbled upon this website and I see the general advice is ignore CRS and that they can't do anything but thought I'd make my own post as I'm still anxious and don't want debt collectors to turn up at my parents home.   Facts: - Joined Xercise4less in June, 2017. I paid £11.99/m - Finished uni in July 2019, so I wanted to cancel membership as I was moving back home and the closest X4less gym would be 50miles away.  - I initially put in a freeze request (thinking it's to cancel). When I told my friend he said I need to fill in a different form to cancel the contract. - I was confused so I confirmed this with someone working at the gym. They explained even though my 12m contract has finished, in order to cancel the contract I would have to give 30 days notice using a form online and cancel my DD. - So I completed this online form that same week and canceled my DD a few days later.   * Fast-forward to 20th January 2020 *   - Received a letter (to my parents address) from CSR yesterday (20th). Asking me to pay £213.47 including their fee of £102.50. - I was at work when my parents send a pic of letter. Return address said HGC - a quick google search shows them as Hutchison Global Communications aka Three.  - What did I do next?  Since I didn't have the letter in front of me I asked my parents for the number & reference on the letter. - Then stupidly called CRS thinking its Three and it's regarding my recently cancelled phone contract.   What I told CRS on the phone: - When I found out it was about my cancelled gym contract I explained in detail several times how I correctly cancelled my contract back in July 2019 and I will not be paying the outstanding amount. I didn't even use the gym. I did say I may be open to paying the monthly fee. - Advisor said Harland got my freeze request but nothing else, no proof = you must pay or they will continue to purse me. He also said outstanding amount is not negotiable and me not using the gym is irrelevant. - I asked for Harlands contact details, CRS refused to give it to me because Harlands will not discuss this matter with me.   After 15mins of going around in circles, me explaining what happened and advisor saying I must pay, I finally I said I am not in the wrong here. I filled the form correctly, and it said 'submitted. If their system didn't receive my request it is not my fault and I cannot be held accountable for an error on their part. So I don't agree with the charges and will not pay it and ended the call.   Other info: - CRS said the charge of £213.47 is for membership from October 2019 - Dec 2019 + late fees + CRS fees. - Told the advisor I no longer live at the address they sent the letter to. He asked for new address and I refused to give this out, so they will add an additional £36ish for tracing my new address. - Apparently they sent several letter to my old address but I know they didn't because I still have friends living at that address who would have told me if anything addressed to me came through. - I believe the system didn't acknowledge my cancellation request since a freeze request was in place but that doesn't mean I owe them any money and definitely not £213.47.       Thanks in advance!      
    • Here are the above letters vanquis.compressed.pdf
    • This got me thinking. There are only 4 parking bays on the site. They charge 50p for 1 hour, £1.00 for 2 hours, £1.50 for  3 hours and £2.00 for 24 hours. Yes, £2 for 24 hours! How is this site profitable? Do parking companies run these types of sites with a business model that is focussed more on issuing PCNs that intimidate motorists who lack knowledge of the law into paying up?
    • Hearing of Boris' problems ringing Big Ben,  Jeremy K. Hunt; in an effort to ingratiate his way back into government; offered his services ....         He said he would offer to run the injured parties to hospital, as long as they had medical insurance  
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saintorsinner

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I think I have posted some information before on this but cant find the thread

 

I had a old credit card debt from 1996.

I defaulted in 2002 and ever since 2002 I have paid £10 per month to the company, ( no contact ever)

 

In 2013 their bank details changed and so the payments bounced back

 

In March 2014 I received a letter from Cabot stating they own the debt

 

In October 2014 I have received my statement ( it does indeed look the debt was bought in 2014) Along with a arrears letter

 

What I would like to know from esteemed gentlemen on this forum is

 

  1. Can they repost this information on my credit file? ( nothing to date)
  2. Will Cabot be aware that payments have only recently stopped so not statuted barred
  3. They cannot default me , as I was defaulted in 2002? is this true?
  4. the account was opened in 1996 , so will they have the credit agreement, ( bearing in mind it was a live account with the bank till just 8 months ago)

 

 

Thank you all in advance

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Sounds like your being cash cowed here, and they're all trying their luck!

 

STOP PAYING NOW.

 

Send the latest gophers a CCA request, http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974 send it 2nd class post, just obtain ''proof of posting'' which is free from the PO counter.

 

Keep an eye on your credit files, yes they 'shouldn't mark it now as the default has auto dropped off, however, don't be surprised if they do.

 

Add up the amount you have paid already...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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who was the card account originally with?


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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It was HSBC , and I have stopped paying nearly a year ago

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Oh don't get me wrong this was the only one I paid , since my breakdown in 2002

 

 

The rest over the years have come and gone and not got a penny, for me total silence worked, once I new it was statued barred it was a confort

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  1. Can they repost this information on my credit file? ( nothing to date) NO
  2. Will Cabot be aware that payments have only recently stopped so not statuted barred THEY CAN OBTAIN THIS INFO
  3. They cannot default me , as I was defaulted in 2002? is this true? TRUE THEY CANNOT
  4. the account was opened in 1996 , so will they have the credit agreement, HIGHLY UNLIKELY
     
    if you receive any type of threatening letter then send a cca request


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thank you very much "Old Rouge"

so the debt will be in difficult to enforce?

 

 

Thanks very much .

 

 

I have the letter ready and waiting to send. I think they will try and default which obvs they cannot

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yes unable to enforce without a reply that complies with s78(1)cca1974

 

here is the fca guidance for you

 

http://fshandbook.info/FS/html/FCA/CONC/13/1


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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cash cowed!!

 

 

get that CCA off

 

 

might be an idea to SAR HSBC too

 

 

what type of debt was it?

 

 

dx


..

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credit card.

 

 

Just reading the FCA guidance now

 

 

(1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

 

 

(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

 

 

So if they don't find the agreement , the debt is still enforceable ?

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they'll need the signed agreement for one of that age.

 

 

no chance.

 

 

dx


..

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thanks , I have been looking at the case law to see if any DCA have challenged without a original agreement when the debt is 18 yrs old

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Plenty have tried. AFAIK, none have succeeded. The laws there for a reason. Remember. They are a DCA. Not the OC. They may have bought rights and obligations to the debt, but it is unlikely any paperwork exists. Plus its cabot. 99% of the time they dont have any paperwork for the debt and rely on people slack of knowledge to get them to pay.


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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cheers for the advice , I am going to sit on this and make it difficult as possible

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Send that CCA off and see what ( if anything) comes back. If cabot dont have the paperwork and they know its a bad debt, theyll try and say they have the account on hold for a while. Normally 30-40 days, even though CCA timeframe is 12+2 ;)


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 All

 

In 2002 i defaulted a lot of debt , HSBC etc and most of which i never repaid.

 

Now 16 yrs on , I am back on my feet have a good credit rating during this time , I avoided HSBC due to the "debt"

 

My question do bank holds personal black lists of customers from year dot that havent repaid . Or once you have defaulted sold the debt on etc thats it

 

I know barclaycard accepted me , and that was 16 years on ,

 

I applied for a M&S current account and realised after it was subsidiary of HSBC . What does the esteemed group think ?

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I did a data subject access on a debt from cabot last year , HSBC credit card was sold on and the loan CCJ is still being paid 14 years on.

 

I guess does M&S bank access group HSBC records? it would be interesting to see what the decline letter looks like LOL

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I left Halifax in 2007 owing circa 50k.

 

I now bank with them, and have been for over 12 months now.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thats good news Bazooka , did you pay anything during that time?

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Thats good news Bazooka , did you pay anything during that time?

 

No, the story goes, albeit heavily redacted, that I asked them for assistance when I knew I was going to be made permanently unemployed due to disability.

 

One of their 'Financial advisors' advised, that I could take out another unsecured loan of 25k, to pay off the previous loan I had with them (unsecured) and to part pay off my 'gold' credit card with them (iro 20k).

 

So I said, ''Oh so I take out the payment protection insurance, and then when I'm unemployed, I claim off that to pay the loan?''

'No, you can't do that as you already know you'll be being made unemployed'

 

So what exactly is your helpful advice in this matter then??

 

So once i was made unemployed, with no possibility of ever returning to the workplace, Halifax turned the thumb screws, even though I had informed them month prior to my redundancy that I wouldn't be able to service these accounts, they said 'can a friend or family member help you pay?'.

 

It was at this point, I left them, and left them to get on with things, they sent the usual bluff and begging missives, I toyed around with them for a while, baiting them when i got bored, but all in all, never paid a penny, it went through tens of DCA's all with the same standard threat templates, even trying to threaten my mother by harassing her with deforestation, which was met with a call from the local constabulary informing them that if they continued they would be committing a criminal offence of harassment, and lo and behold, nothing further.

 

Now I bank back with the Halifax, and have been for a while now.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I was with Barclaycard years ago, defaulted then issued a court claim for charges, they paid in full and offset the returned charges to close the account.

I have a Barclaycard now.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Sharklaycard MD, sharklay card! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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nope, i have it in black and white they dont keep info older than 6 yrs, well that was in response to a SAR!!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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