Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if the claimant has explained its relationship to Clubclass please? i.e. does it claim to act on behalf of another or does it claim to be owed monies by you themselves?
They act on behalf of Club Class to collect membership renewal fees,
Thank you. From what you say however Clubclass has been wound up - is that correct?
Yes, according to an online statement made by The Royal Borough Windsor & Maidenhead dated 21/01/14
Thank you. With your permission I may just confirm this is the case with Companies House. Do you know the exact name of the limited company - Is it Clubclass Ltd?
Their full title Is Leisure Alliance, but unfortunately they only have a po box address in Gibralter and are registered in the Seychelles.
Sorry, I believe that the company for whom they acted on behalf of was Club Class Holidays Ltd
Thanks. Just a moment if you would...
You are quite correct. Club class holidays Ltd is shown as dissolved on 08/09/2009.
This means the company no longer exists so if the company that has contacted you claims to be collecting on behalf of Clubclass, their claim is invalid because they cannot collect monies on behalf of a company that no longe exists.
So should I just write back to them stating this and refuse to pay?
If they claim to have bought the debt from Clubclass then their claim may be valid but it would be subject to whether the contract was enforceable. In addition if no payment have been made to Clubclass or one of its subsiduaries for more than 6 years by you then the contract is likely unenforceable in any event under the Limitation Act. The Limitation Act provides that debts older than 6 years cannot be claimed unless the claimant can demonstrate that a payment has been made or the debt has been acknowledged in the last 6 years.
Finally you may also consider contacting the trading standards departments that were involved in the actions you refer to in order to ascertain whether the contract under which the company is claiming was determined to be valid or not and to make them aware of this company's claims. They may have some useful information.
In terms of a response, you may consider responding along the lines that you deny any indebtedness to the company and if the company believes that a debt is owed, you will require a full set of documentation demonstrating how the debt falls due including details of any original contract, and any assignments of that contract in order you can consider the matter further. Take care not to acknowledge the debt is owed and obviously make no payment towards it because doing either of these things can reset the 6 year "clock" under the Limitation Act and making debts which may have been unenforceable under the six year rule once again enforceable at law.
Has the above answered your questions satisfactorily?
yes thanks you have been a great help, I now have the confidence in how to approach the problem.
I am glad I was able to be of some assistance. If I can assist any further as the situation develops please do not hesitate to revert to me
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Good evening Joshua,
Please find below, a draft of a letter that I wish to e-mail to Leisure Alliance PLC, and I would appreciate your advice on the wording of the letter etc as to whether it is acceptable and correct.
Leisure Alliance PLC Mr M B Elbrow
P O Box 1323 5 Rogate Walk
Garrison House Thornbury
3 Library Ramp Plymouth
Attn: Maxwell Hamilton
Club Class Membership Renewals Department Manager. 29 March 2015
Dear Mr Hamilton
We are in receipt of your intimidating/threatening letter dated 12 March 2015, demanding we make a payment for annual subscription arrears and administration charges for Club Class Holidays Ltd.
We were advised in the year 2011 that Club Class Holidays Ltd had been placed in administration and subsequently ceased trading.
Upon receipt of your above letter, we made some investigations into Club Class Holidays Ltd, and discovered that a combined effort of The Royal Borough of Windsor and Maidenhead and their Trading Standards Department, together with the Insolvency Service were successful in having Club Class holidays and various associated companies wound up in the High Court in London.
We have had confirmation from a legal team that Club Class Holidays Ltd were dissolved on 08 September 2009, this means that the company no longer exists, and your claim is invalid as you cannot collect monies on behalf of a company that no longer exists.
We therefore deny any indebtedness to Leisure Alliance and if Leisure Alliance believes that a debt is owed then we require you to provide us with a full set of documentation demonstrating how the debt falls due including details of any original contract, and any assignments of that contract in order that we can consider the matter further.
On checking our records it would appear that we made a payment of £55 by standing order in November 2009 to Sochalls, after Club Class Holidays Ltd had been dissolved, which Messrs Sochalls would have been aware of and should have refunded the monies back to us, but at this time, we shall not pursue the matter any further.
We trust this matter is now concluded and you will cease to look to us for any further payments.
Martin Elbrow Susan Elbrow
Good afternoon Joshua
Please accept my delay in replying to your latest email, but I had sent the above letter to Leisure Alliance, although I had removed the last paragraph refering to the last payment we had made.
Please find below their reply received attached to an email on Monday 06/04/15.
Dear Mr. & Mrs. ElbrowClub Class Holidays Sapphire Indefinite Membership No. S2504 13396In response to your earlier letter, please find attached our reply and afurther document to support it.Yours FaithfullyMaxwell HamiltonMembership Renewals DepartmentClub Class Holiday & Lifestyle ClubAdministered by Leisure Alliance PlcTel: 0870(###) ###-####br/>Tel: 0034###-##-####br/>*****@******.***
Unfortunately, it does not matter how I try, I am unable to send you a copy of their attachments. Do you have an alternative email address that I can send them to for your perusal?
Good morning Joshua
I think I have managed to send one attachment received from Leisure Alliance, which I think I have sent without a message. If you receive a second similar email with a different attachment but no message I do apologise.