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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
    • I look forward to hearing from a member of the team 
    • Hi Selrahc and welcome to CAG   Please be in no hurry to contact X4Less, Harlands or CRS - they can do nothing for now.   Before you do anything, we need more info. Please confirm :-   1. Approx date you joined.   2. Were you told it was a rolling monthly m/ship by a staff member, or a longer minimum contract.   You have no need to reply to any demand from Harlands/CRS so ignore them for now.
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Duffers mum v Sainsburys Bank


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Hi duffers mum

 

may i ask how old the sainsburys is

 

ive been trying to find one from 2005

 

barmy, orrible and stupid sent one to a pal of mine,

 

ime sure they made up the agreement and i need to find one to compare

 

any takers

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The account is from 2002 and i've been backwards and forwards with Sainsburys for a few years now, they've obvioulsy had enough and flogged it off to Crapot, who've sent me a reconstructed agreement, unfortunately i didn't follow the advice from this site and carried on making payments to Sainburys so i've got 6 years till its SB :( plenty of time for Crapot to play silly games. I just ignored Barmy Orrible and Stupid when they wrote to me, kept receiving the same old letters every 3 months. The document Crapot have sent me is a load of rubbish but they insist its a true copy...guess it will be up to the court to decide if they go down the road, but I'm quietly confident :)

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  • 3 weeks later...

Quick update..sent a letter off to Crapot before I went away advising them they have not provided the information I requested, returned from holiday today to find another threat-o-gram, saying the full balance is now due (they have whacked on another load of interest) I guess that means the agreement has definately been terminated now? I have no intention of responding anymore to them, they can't provide what i have requested so I guess I'll have to wait and see now if they take me to court :roll:

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Received another letter from Crapot telling me the that case laws shows a true copy does not mean an exact copy :?: they also state they have requested Sainsburys provide a copy of the signed credit agreement, be interesting to see if Sainsburys can do this as they only ever provided an application form to me and no T&C's relevat to the date of the account! They also say that the purpose of the CCA is for consumer protection not the avoidance of debt which they believe I am attempting in this matter! Hilarious....and if I intend to challenge the enforcability of the credit agreement I must apply to the court to obtain a declaration of unenforceability...where do they get this rubbish from? I know its up to them to prove they can collect on an alleged debt and at the moment what they have provided me with would not allow that...I have to contact them otherewise my account will be escalated...plus the balance has increased again....think I might send them a little reply....just so they know that I know they are talking rubbish..again!

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declaration of? :lol: That is certainly one for the ' best outlandish comment from an DCA* what utter tripe, I hope you've kept a copy of the letter?

 

So, you've got to go to court to prove that the debt cannot be collected? :lol: ummm, they want the money, surely it's for them to prove that it is enforceable

but then again they would know this and of course you're now defending a claim? hahah! ridiculous.

 

Personally I wouldn't send them anything further, it's what they want you to do, keep the contact going etc....escalate an unenforceable debt? How are they

going to do that?

I reside in Dawlish Warren but am not a rabbit.

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I typed out a letter all ready to send and then thought...nawww can't be bothered communicating with them any more, they get on my pip! I certainly have kept the letter they sent me, along with all the other ones....I'll wait and see what Sainsbury's provide them with...they originally got the reconstructed CCA from Sainsburys because its the same as what Sainsburys sent me, although previously Sainsburys had sent a copy of the original application form, I do of course still have the dodgy DN's etc to fall back on, if needs must. I find it amusing that they say if I don't contact them they will escalate up the collections ladder, the account was in dispute with Sainsbury's so shouldn't have been sold in the first place, no CCA, dodgy DN's and other things, but still they threaten court action and CCJ...unbelievable really! I'll keep the thread updated as and when I hear anything else!

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  • 1 month later...

Just checked my credit file and see that Crapot have added more interest. How on earth they can do this when the only provided me with a reconstructed agreement is making me really cross. They cannot prove my original agreement stated they could add interest/charges after default because they cannot provide a copy of that agreement. Surely they can't get away with this?

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well they can add what they like..however enforcing payment of what they are adding to the account is a different kettle of fish...they even added to my account when i was paying them..would have paid forever in that case...stopped payment cca etc in end told em to sling their hook or take me to court and explain their actions in a court of law..they declined

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  • 2 months later...

The last I heard from Crapot was last year, when they said they would contact Sainsburys for a copy of my CCA (which Sainsburys could never provide when I asked for it), all they have provided so far is a reconstructed cca which bears no resemblence to anything I would have signed...However they are still adding interest and the balance is increasing by quite a lot each month. Should I continue to ignore them and let them add the interest or should I contact them and tell them, once again that they should not be adding interest when they don't have an agreement which says they can|? There is about another 3 years before the default falls off my credit file, but over 5 years until it becomes statute barred because I was paying Sainsbury's a nominal amount...am getting quite worried about the increasing balance...my previous dealings with DCA's has never encountered any interest being added...advice would be appreciated.

 

Thanks :)

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  • 5 months later...

Crapot are still adding interest to my account, despite being unable to provide a copy of the CCA (other the reconstructed rubbish the provided last year), the balance has increased by almost £1,000 since they took the account over last year. I'm starting to get mighty fed up with it now...i've heard nothing from them for months and months, the last being they would contact the original company for a copy of the CCA, I don't want to contact them for fear they will start harrassing me all over again, but then again I don't see why they should be charging interest on something they can't prove is owing. Any ideas?

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yep as above ignore em..as i said they can add what they like..so what?? until they are prepared to put it before a court and then explain their actions i wouldnt even bother contacting them..if they are leaving you alone as it goes let sleeping dogs lie...unless your original agreement allowed them to add to the account then dont worry bout it....no cca no agreement this is never ever going to see inside a court room

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Well they can't prove whether the original agreement allowed for interest to be added or not, because they can't provide the CCA! I know I shouldn't worry about it, but when I see the balance increasing I can't help it. This is the last one really to be causing me any problems M&S have just accepted a F&F of 30%, 1st Cretins haven't been in touch since I got their SD set aside with costs awarded in 2008, and another vanished off my credit file months ago, don't know where it went, but wont' worry about it, until it reappears!

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you can spend your time worrying bout it...but there is really not a lot of point....either they come up with the cca initiate court action, or they can add what they like till kingdom come....its not worth losing sleep over them honest....

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  • 4 months later...

Just before Christmas and out come the leeches! Received a letter with what Crapot say is the CCA, its what Sainsbury's originally sent me, no T&C's which of course should be included as should all the variants of the T&C's. I'm aware that things have changed now regarding CCA's, but my position has also changed and I'm now in the ranks of the great unemployed. The balance has increased on this account due to Crapots charges. I can offer them something as a F&F and I am inclined to do this because I just want to get shot of it now..the only other thing I can offer is £1 a month because i'm on JSA. If this went to court and I'm on benefits what would be the likely outcome?

 

Thanks :)

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Personally I would not even think of offering any F&F until they comply with your s 78 request. They will just smell blood and pester you more.

 

What charges have they added? They can’t add anything if there’s no T&Cs to say they can. Idiots.

 

Have a read up of Carey v HSBC to determine what they have to supply –*it’s not ALL variants of T&Cs, just those applicable when the account was opened and those applicable when it was terminated. If they are recons, they MUST have your name and address on there, EXACTLY as they were when you took out the alleged agreement and also those in force when (if?) the account was terminated.

 

They cannot enforce while they remain in breach of a valid s 78 request – Phoenix Recoveries v Devendra Kotecha [2011] refers.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I've sent off my F&F offer to them now, but have stated I know they have not complied fully with my request. I really just want to be shot of it. If they don't accept then they will not get a penny, simples! They will have to take me to court and with no job, no income (bar the JSA which i'll only get for 6 months) i don't fancy their chances much **waves at guests** . I don't want to get involved in letter ping pong..i've moved on a lot with my life and have a good credit file now (bar the defaults which will drop off shortly), really don't want to risk a CCJ messing everything up again.

 

If it went to court..where would it stand with the dodgy Default Notices? Could it get chucked out for that?

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They have added almost £1,000 of charges, despite my sending letters saying you don't have the CCA to prove you can do this...they just said the original agreement I signed would have allowed for this..yes I know...the very documnet they couldn't provide..hey ho...they are a bunch of ******** aren't they!

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Donkey B has this dead right, no CCA no pay or offer to pay.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...

They did send me the T&C's under seperate cover, but they are not contained within one document, although I don't think that makes any difference now..think i'm stuffed on this one, they turned down my F&F advising they would accept a figure in excess of 7 times the amount I offered, I could barely get the amount together that I offered, so no chance of anything higher, i'm unemployed, with a disability and little chance of finding a job..my JSA will expire in April and then i'll get nothing as DH will be expected to keep me (but not liable for my debts thankfully!) Meanwhile this bunch of leeches continue to add interest of almost £100 per month..dread to think what the outstanding balance will be by the time it goes to court (which i'm pretty sure it will do now). Any advice?

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