L1882
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Hi All I was looking for the template SAR so I could send one to Capital One but after searching the site when I clicked the link I got an error saying I didn't have sufficient access - can anybody advise where I can get a template a user can access? Many thanks
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Sounds to me like you need a letter that simply states you do not accept you ever entered into a 12 month contract with them and that unless they can send you proof you did you do not intend to enter into any further communication with them. I'm also sure there will be legal terminology you can add relating to harassment or similar. Sorry I'm not the man to help with that but I am sure one of the boards posters will be along soon who can help you.
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Thanks Andy - I will CCA them for the unsecured loan and SAR Lloyds for the account details
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Cheers Dx - hadn't considered sending an SAR
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Cheers rogue. I actually got 2 letters in one - one from Cabot and one from Marlin (seemingly Marlin will want to speak to me within the next 7 days - good luck with that). As I have the Marlin letter I presume I can send them a S78 now - it is a credit card.
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Evening All (again) I was issued with an SD from BW Legal for Lowells and due to timings felt I had to enter into an agreement with them. I'm now wondering whether I can still challenge this or has entering the agreement effectively ended those avenues? One of the accounts was a Lloyds bank account which they'd added about 1400 of charges to and I'm somewhat annoyed I never challenged this.
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Evening All Received a letter today from Cabot advising they were 'referring' my account to Marlin Financial Services (all very nice at this point ) Now the debt is 464.19 - of which over £250.00 is late charges and interest from when I was unemployed! I plan to CCA them wondered if I should also ask for statements with a view to claiming back some of these charges. I'm also wondering who I CCA. Looking at the letter they don't indicate they have sold the debt to Marlin but Cabot definitely bought it from Capital One - so would I be right in believing Cabot are who I should CCA?
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There are many on here who can give you much better, sounder advice than I can however my experience was Harlands was dealt with by following the advice I was given on here so you are in the right place. If you signed up over the telephone then I would imagine they must be able to prove they sent you a contract - and by they I mean whoever you are contracted with. Based on my experience (with Lifestyle Fitness rather than Xercise 4 less) I'd have thought the contract was with the gym, I think Harlands are merely a payment collection company? Either way one of them needs to be able to produce a contract that you have agreed to. I'm sure somebody on here will be able to provide suitable wording for a letter that you can send and then ignore these shysters until they can produce a contract and prove you have agreed to it.
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Looking For Some Advice/Confirmation Re: Harlands/Lifestyle
L1882 replied to L1882's topic in Gyms and Health Clubs
Sorry it's been a while since I updated this but I've been waiting to see if they ever came back to me. After sending the letter discussed I received a communication back from them indicating their charges were valid etc but not indicating they accepted I only owed £19.99. I ignored the letter as I had told them I would and to date have heard no more and have not paid them the £19.99 or anything else - complete chancers! -
Hi All Sorry it's taken a while to update on this, been offline for a little while. In the end they simply accepted my offer of payment - an offer that had previously been made to various holders of the debt over the last few years! Thanks for all the help - this site is an absolute god send and I wish I could do more to help!
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Looking For Some Advice/Confirmation Re: Harlands/Lifestyle
L1882 replied to L1882's topic in Gyms and Health Clubs
Cheers Slick - I cancelled the DD in a moment of outrage to be honest, I guess that is the downside of internet banking! I have amended my letter with your wording, I'll let you know what, if anything, they have to say. -
Hi All I took out a month by month gym membership in January. I signed up online and have never received any copy of a contract, terms etc. I have just received a letter from Harlands telling me my DD failed (it was the first one and I forgot to make sure I transferred some money in) and that in addition to the membership (19.99) I also owe them £25.00 as an admin fee. Now my admittedly limited understanding of the law would suggest such a fee is definitely a penalty clause - and as such completely unenforceable - am I on the right lines there? In brief I refuse to deal with such shysters and had I known about them upfront I would never have joined the gym. So my plan is to do the following and I just wondered what all your views were on whether this is the best course of action: 1. Cancel DD (already done!) 2. Write back to Harlands cancelling my membership, enclosing a cheque for the £19.99 that I owe for a months membership. 3. Inform them in this letter that I will not be paying the £25.00 as I believe it is in fact a penalty clause and as such unenforcable. 4. Ignore all further communications from them. So any suggestions, is this the best way or can you point me in a better direction? Many thanks Jonas
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Hi All, a quick question on this, the Stat Demand list 2 separate debts, is that ok to combine 2 on one demand?
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Thanks for all the advice guys. I'm tempted to send the letters Special Delivery - costly but quicker and definitely signed for. DX I've made templates of thsoe letters and sent the most pressing ones today with proof of posting from the PO - I'll do the others over the weekend. Brigadier the statutory demand has not been served, yet. They have hand delivered a letter indicating they attended my property twice yesterday and were unable to see me (I was out!) but that they will return on the 3rd of October at 10:00AM at which time, if I am out, they will post it through the door with this being considered as served. DX has helped me move the stat demand element to the legal forums. Lowel are now the debt owners and a company called BW Legal now appear to be issuing the Stat Demand with delivery by another company called P&A Receivables Services
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Obviously I want to avoid the bankruptcy but though I 'own' a house it is only half mine as it has both mine and my ex wifes name on the it and furthermore it is worthless - in that we are in negative equity so selling it wouldn't be in anybodies interest to be honest. I'm going to make them work but will ultimately propose a payment plan once more to all the creditors on a pro rata basis once I know what element of the debts are actually fees and interest - which for quite a few is well over 50%
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Right so basically I should send a SAR to all the original creditors and snd a CCA to all the current debt owners? Right I'm searching for the templates now. I'm watching the other thread re the Stat Demand - I do know a friendly solicitor so I'm going to see if he can help on that one as well
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Cheers DX - is it worth send an SAR to all my creditors, a sort of pre emptive strike?
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I've managed to find copies of my first offer letters, sent 08/09/2009, so the absolute last payment date on any of those accounts is 08/09/2009
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Is that their normal method?
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Evening all I am in need of some advice on how to respond to stat demand. This evening I have come home to a letter through the door, hand delivered which says they have been directed to serve a statutory demand and that they have tried wice today but not been able to meet me. They say they will return on the 3rd of OCtober and if I'm not in, I'll be at work so won't be in, they will post it consider this to be served. The debt in question is one bought by lowel which has been in default since mid 2009. I'm not sure what I should do now. I am now working and could make a minimal offer of payment if this will stop any bankruptcy but is this the best thing to do? Any and all advice gratefully accepted. Thanks for reading.
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According to the credit file I have: Credit Card with Lowell for £937 - this was originally Sky/Barclaycard with a limit of £500.00 - says default is 22/07/2010 but I'm fairly sure that was the date they bought the debt Loan From Lowel for 1813 - I think this was Bank OF Scotland originally - this shows a default as May 2013 which is absolutely not true and is when they bought the debt Loan From Lowell for 1593 - default shows as 18/01/2010 - think this must have been Bank of Scotland as well Current account from Lowel - originally Lloyds TSB, default date of 10/03/2010 I'm not certain any of thsoe default dates are actually the last dates payments were made - I'm fairly certain that the very latest payment will have been may 2009 (i was a year out in the original post, was end of 2008 I lost my job)
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It is Lowell via a company called BW Legal, company serving appears to be P&A Receivables Services - the original debt was (I think ) Bank OF Scotland - the debts have moved around so often through DCA's that I've lost track a bit of who was the original creditor
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Evening all, I'm looking for advise on a statutory demand. Today I have had a letter through the door saying they have tried to serve a sta demand and will return on the 3rd Of October to attempt again, saying if I'm not in (which I won't be because I will be at work) they will post it and class this as served. Now I'm not sure what I should do next. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. what should I do about the stat demand,
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Evening all, I'm looking for general advise on my debt situation This may be a long and winding post so please bear with me. I won't bore you all with the details of why my finances got into a mess but suffice to say that losing my job at the end of 2009 led to me defaulting on a number of credit agreements. Despite writing to all the companies in question, asking them to stop adding charges and also to accept a minimal payment I was singly ignored by one and all. I ended up with 2 CCJ's, one for a large loan which I pay at £50.00 per month and 1 for a credit card which I pay at £1.00 per month. In addition I had a number of other credit cards and loans - I guess like many I was borrowing from Peter to pay Paul until the bottom fell out of my world. For the last few years I've been treating demands for payment with the same respect they treated my offers - I've simply ignored them. I am now working and though far from flush I probably could make payments to my creditors with a view to clearing my debt over the next few years. If I ignore those items that are already subject to CCJ's I think my total debt is around £7000.00 - the stat demand relates to a debt of 1600.00. I've not made any payment or acknowledged any debt for nearly 4 years but still quite a way from the 6 year limit. I don't want to be made bankrupt and more generally would you advise that I contact all my creditors with an offer, even though each will probably only be offered around £20 to £30 a month - and if I should are there some standard letter templates that can be used to make these offers? Sorry for such a long post - looking forward to hearing your opinions and advice
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I don't think we have a copy of the email but I do think we have an email acknowledging receipt of our submission - I'd imagine in a court they'd have to produce the email they were acknowledging - which was generated by their own cancellation form. I will have to check this though.
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