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    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
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Cancellation, cooling off period

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Hi

 

Mrs B just signed up for the Gym, this was the cancellation clause.

 

Please note that if you completed this membership agreement whilst not in the club, you have a period of 14 days from today in which to cancel this membership. This right to cancel will cease once you visit the club, or the period of 14 days has elapsed, whichever is the earlier.

 

My understanding is, if you started to use the facility within the 14 days the cancellation period continued but you may have to pay for that usage, can't both be right, can they?


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My reading of it is that if you use the gym in that 14 days then you lose the right to cancel.  It's to stop people signing up for 14 days free use and then cancelling.

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they cant do anything even if she does anyway

totally powerless


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3 hours ago, fkofilee said:

She should still be able to cancel this and to me this term seems fair. Stops loss of trade. 

Is it a 12 month deal? 

 

Yes, It is more the apparent contradiction really. The legislation seems to say that she can still cancel but wil be billed for the two weeks or less she used the service.

 

Its twelve months, I usually like to look at these things before we purchase, however. I just noticed that £45 quids gone out of my account this morning, that will be the joining charge. £18 monthly after that. Not too bad I suppose.

 

We live half way up a one in six hill for goodness sake, how much exercise does the woman need? 

Just leave the car in the drive I say. Won't listen  :)

 

 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Looks to me like you have 14 days to cancel IF you joined off the premises........

 

...... but you lose the right to cancel if you use the gym within the 14 days.

 

I see nothing about still being able to cancel and paying pro-rata if you use the gym within the 14 days.

 

In any event, it sounds like the m/ship will continue to be used by Mrs B. 

 

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Hi slick

MY error, I saw this on my daughter's membership with Harlands and presumed it was the statutory minimum, it seems they provide the extra of their own volition.

 

PRINCIPAL TERMS
1. This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process. If you did not sign up on the clubs premises you have 14 full days after signup to cancel this agreement for any reason. To exercise this right, you must inform Harlands or the club of this by post, email or telephone using the details above. You can use the cancellation form on page 2 of this document but it is not obligatory. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.
2. Your membership starts immediately.
3. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Oh yes, she will continue to use it, I am glad to say. 


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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