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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!      
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CraftyFeline

Merligen/Moriarty claimform - old stidio card CAT debt

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Hello 

 

The post has just been and I have received a county court claim form from Merligen Investments, it seems that they have bought an account from Studio Retail Ltd T/A Ace, the agreement dated 16/10/2015.  The amount is £301.57 

 

What do I do about this, they claim they have sent me notification of assignment but I have not received anything at all apart from a couple of text messages recently and given the name Moriarty I thought it was a [problem] as Moriarty is Sherlock Holmes brother. 

 

 

How do I respond? Any help would be appreciated, its Northampton County Court and I have 14 days to respond. 

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Hi welcome

 

Please complete the above and we'll get you sorted

 

Dx


..

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Hello

 

Thank you for your response, I think I have done this right. My responses are in bold 

 

Name of the Claimant ?  Merligen Investments LTD

  

Date of issue –   12/11/2019  

 

  

Particulars of Claim

 

 

What is the claim for – 

1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)

 

2. Despite formal demand for payment of the debt the defendant has failed to pay

 

and the claimant claims £209.79

and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78

 

 What is the total value of the claim? £301.57  

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

  

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

  

Did you inform the claimant of your change of address? no

  

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt

  

When did you enter into the original agreement before or after April 2007 ? no

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online  

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No 

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser

  

Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]

  

Did you receive a Default Notice from the original creditor? No  

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing

   

Why did you cease payments?  About 3 years ago  

 

What was the date of your last payment? Can’t remember  

 

Was there a dispute with the original creditor that remains unresolved? No dispute  

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no

 

 

 

 

 

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 


..

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Hello

 

Thank you for your response, I think I have done this right. My responses are in bold 

 

 

 

Name of the Claimant ?  Merligen Investments LTD

 

 

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.     12/11/2019  received today 13/11/2019

 

 

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

 

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total I a, unsure what I am doing with this part. 

 

 

 

Particulars of Claim

 

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt) Despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78

 

 

What is the total value of the claim? £301.57

 

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

 

 

Did you inform the claimant of your change of address? no

 

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no

 

 

 

When did you enter into the original agreement before or after April 2007 ? no

 

 

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

 

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

 

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt purchaser

 

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]

 

 

 

Did you receive a Default Notice from the original creditor? No

 

 

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing

 

 

 

Why did you cease payments?  About 3 years ago

 

 

 

What was the date of your last payment? Can’t remember

 

 

 

Was there a dispute with the original creditor that remains unresolved? No dispute

 

 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no

 

OK I have done all now and printed out the letter to be sent tomorrow morning. I must say I feel sick but thank you for your assistance, I feel somewhat blind now and feel the need to ask, what next? If that is not too presumptuous. 

 

 

 

 

 

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