Help, cancelled DD years agoooo

[vegascouple]

Been sent this letter after a house move, where do I stand here?
When I took out the contract is was a teenage single mum (felt forced into signing) I couldn't afford it and told them this, tried to come to an arrangement at the time but they wouldn't have non of it and being the stupid teen I was I cancelled the DD
I'll attach the letter I've received 😩 help pleaseeeeee

More

www.citizensadvice.org.uk/debt-and-money/help-with-debt/responsible-for-a-credit-debt/check-if-youre-responsible-for-a-credit-debt/

I guess you could write and claim you told them you were quitting the gym.
It seems you had been with them for 3 years so can't claim you were pressured into signing. (2011-2014)

They are suing you under the contract. They have 6 years from breach within which they can issue proceedings.
They say you signed the agreement in October 2011. they appear to have issued the proceedings in September 2018. It will depend upon when the limitation period started to run. How soon did you cancel the DD?

Disclaimer - this is not my area of law. It might well be that this is a consumer credit agreement.

Hopefully someone may come along who knows a bit more about this area of law.

It's a credit agreement?

When did you last call/write/email? If more than 6 years ago then they cannot force you to pay.

If you haven't contacted them in 6 years DO NOT do so now, it's unenforceable. All they can do is ask you to pay.

Do not acknowledge the debt if the above is true and they will soon fuck off. That company is just a dodgy debt collectors who will have bought your debt for pennies. They are just scum bags.

When did you last have contact about this debt or direct debit with Total fitness or any debt collectors? If you have had no contact within 6 years then cannot legal enforce payment of the debt.
From the dates on the claim form it is past the statute of limitations and is unenforceable by law. This doesn't mean you don't owe that money though, and debt collectors can still ask for payment. It won't just go away. They just cannot take you to court for it.
If you've had no contact with anyone about it for 6 years send the debt collector a letter stating it is statute barred and you do not accept liability for the debt.
There's a lot of good info on this website.

cleardebt.co.uk/debt-help/debt-help-guides/out-of-date-debt

I have just noticed it says 2014 on on the claim form too. Presumably that when you cancelled? You owe this debt. Fill in the form and an offer of payment else they will issue you with a CCJ. That's what this form is about.

I’m not certain about this but if you were under 18 when you took on the contract, it might have been illegal as minors cannot incur debt.
You need to get proper legal advice.

I had the contract in 2011 and cancelled it a few months later, I've never had contact with them and it's been 7 years now of being passed on from firm to firm, neither of them I've contacted back.

Idk where they get the 2014-2011 from because that's simple not true, it was a year contract that I cancelled with a few months after them refusing to work with me.

Have you got proof as to when you cancelled it etc?

Whatever you do don't ignorecit as they can get a CCJ by default.

The only proof I could possible get would be through the bank if that's even possible.

How did you leave it with the company when you tried to cancel the contract with them? Did you put anything in writing?

They CANNOT get a ccj if it's been more than 6 years since you last had contact.

Just ignore it if it has been more than 6 years. They can't do anything.

But you shouldn't believe the Internet or random posters like me - you can easily confirm this by contacting stepchange, citizens advice - even look on the MSE website.

Good luck

forums.moneysavingexpert.com/showthread.php?t=5510540

Loads of advice for dealing with that company here.

forums.moneysavingexpert.com/showthread.php?t=5746275

And here, in fact I’d have a good read of the MSE website if I were you OP, moriarty law seems to pop up quite a bit.

Is that dated September?

If so; you are already out of time to respond and they are likely to have been granted a CCJ by default which you will need to apply to have set aside. There is some help with costs for that if you need it. Then you'd have the opportunity to defend this again.

When would your last contact have been? Any at all? When should the contract have expired? Cancelling your DD is unlikely to have been enough to terminate the contract, unfortunately.

@LaurieFairyCake you're right that if it's been over six years since contact they can't get a CCJ; but OP does need to defend it on those grounds. If she doesn't; they'll get a CCJ by default.

But she's out of time to respond here so that has probably already happened.

They CANNOT get a ccj if it's been more than 6 years since you last had contact.

They can by default.

Just ignore it if it has been more than 6 years. They can't do anything.

Really really bad advice!

Court papers have been issued. It is already in the system.

you can easily confirm this by contacting stepchange, citizens advice - even look on the MSE website.

Who would tell you as papers have already been issued your advice is very wring to ignore it.

Is that dated September

Looks like it.

OP you are out of time to respond. You need to contact the court and see if they have asked for a CCJ through default and then you need to either contact a solicitor or CAB.

I've only received this letter today and the first date on the page is the 28/11/18 and on the second page it's dated 18/9/18

I have never acknowledged any of these letters and haven't had contact with the claimant since 2011 so I'm just very confused how this has escalated, we have recently moved house wether that's made any difference or not🤷🏼‍♀️

Also they've crossed out my old address and hand written my new one above on the claim form which is dated sept

What makes you think court papers have been issued

Those are not court papers, it's a dodgy debt collector

And if there's any default ccj (there won't be - you can check on noddle online in 5 minutes) you can apply for it to be set aside.

So check there's no ccj. If there is you apply for it to be set aside and you can prove its unenforceable.

The bottom line is if you haven't acknowledged it in 6 years then it's legally unenforceable

Please don't ignore these.

These are genuine court papers.

I'm not sure if the 6 year rule applies in this instance.

I only know the papers are genuine from a parking forum I am on

That is a CCJ, @LaurieFairyCake - it's not a dodgy debt collector. The first letter is; but the second is a court document.

OP call the court tomorrow (Northampton) but you are out of time considerably, so if this is a legit paper and they were sent to your last known address, you will have or shortly be getting a CCJ by default which you will either have to pay in full within 14 days of it being applied to have it removed; have it set aside and take it back to court, or set up a payment plan and have it on your credit file for the next six years.

I would highly advocate the second option if you have had no contact in six years. This should be set aside once you prove that; and you can successfully defend it on those grounds.