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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
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    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Another Harlands Story


agy
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hello everyone.

 

I am in deep mess with harlands, due to automatic membership renew.

i joined Bromley Self Defence in May 2013 with my son.

Monthly fee was ridicules but because I was attacked carjacked few months earlier I would pay for

anything that will restore confidence and ease the stress.

I paid monthly £80.

anyway I have signed the contract. from what i understood i was tied up for 6 months, but

after 8 months I realized that they keep charging me.

at that time me and my son didn't attended classes anymore.

I cancelled my DD and start receiving letters from Harlands demanding monthly repaiment and admin fee.

I contacted Bromley Self Defence but received information that my contract stated that i will be renew with contract after 6 months if didn't cancel in advance and that also Harlands sent me letter

saying i have two weeks to cancel or will be renewed.

i didn't received any letter.

now my balance is £210 and I seriously don't know what to do.

please advise me, this is beyond my understanding.

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Hi Agy and welcome to CAG

 

Have you checked through the m/ship agreement that you signed. We need to know exactly what it said about what happened at the end of the first 6 months. Let us know. If you have trouble understanding it, I will ask you to forward a copy of the agreement to me.

 

If we think they have taken DD payments from you that they were not entitled to, we will recommend that you seek a refund via your bank. But let us have the information we need first, so we can advise you properly.

 

Don't worry too much about this - we will help you sort it out and you will NOT have to pay them all that they're demanding. The gym may not be willing or able to help you in this matter. But we'll help you deal with Harlands. Their admin fees are probably not payable at all.

 

:-)

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hi,

thank you for your reply and reassurance.

seems I am doomed. there is note about automatic renew.

Edited by agy
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What was your contracted minimum term?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Then you would be on a rolling monthly sub. As long as you cancel giving a clear months notice, you would owe nothing. i think you need one of slicks letters for this.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes, probably, but I still need to pay all this money plus admin fee.

I haven't been remained about renew ( they stated I was).

I know mistake on my part is not giving them a notice, surly, but I just wonder how I can reduce the payment if this possible.

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No you dont have to pay what they say. Dont fall for harlands silly tricks. When slick is around, he will advise you on what to do in order to get rid of these parasites.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Agy,

 

Can you confirm where these classes were held as I'm not sure if this is a gym, a council facility, etc.

 

Are you certain it is Harlands that handle admin for the m/ship. I ask this as the agreement refers to DFC or Debit Finance Collections PLC and this is not a company normally associated with Harlands.

 

Can you hide personal data and post a copy of the other side of the agreement. I need to see this before offering further comment.

 

Thanks :-)

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Sorry, forgot to say, I very much doubt you will have to pay what is being requested.

 

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hello everyone.

my mother has had nasty fall. I was looking after her for few days and with work in between I had no time to open my laptop.

i will attach the contract details.

BSD is a private business. they used to run classes in gym in bromley and keston, now they had their

facility.

Edited by agy
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Hi Agy and thanks for the further doc'ts.

 

On the T&C's, s.9, it says the agreement will be renewed for a further term equal to the original initial period AND that you would be notified of the Renewal Period and the Renewed DD pay'ts. Did you receive such a letter.

 

Then on the other doc't headed Customer Contract, under the heading "Giving notice to cancel", it says payments will continue to be taken after the initial minimum unless you cancel in the month before the end of the first 6 months. It goes on to say you can cancel at any time after the initial minimum period by giving a month's notice.

 

So, in my opinion, you were notified the agreement and the DD pay'ts would continue after the first 6 months. And you were entitled to cancel after the first 6 months by giving a month's notice. Cancellation of your DD mandate does count as giving notice to cancel so I think you may have to make just one further pay't to end the matter.

 

Can you now please let me know :-

 

1. The date you cancelled the DD mandate.

 

2. Did you tell the gym or Harlands about the DD cancellation by email, letter, phone call, etc or did you NOT tell anyone.

 

I will then draft a letter to send Harlands,

 

:-)

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oh, well.

I didn't received any letter, but in their statement I did and as a result of anger I didn't notice them about cancellation.

I just cancelled DD.

I can see clearly now that I scrued this big time.

stupid me.

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Youre not screwed. Follow slicks advice and youll get it sorted.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Agy,

 

You've not screwed this up and we'll help you get it sorted ! :wink:

 

Letter to Harlands :-

 

Dear sir or madam,

 

I refer to your demands for payment of xxdate which I dispute.

 

You are aware that I cancelled my DD mandate on xxdate and this was adequate notice of cancellation (as per the High Court case of The OFT v Ashbourne Mgt Svs Ltd). Although I had finished the initial 6 months membership, I now realise I should have given you a months notice before cancelling the DD mandate.

 

In the circumstances, I am prepared to pay you one further month's fee of £xx.xx but I will not pay any admin fees which are unenforceable penalties.

 

If you confirm in writing that you will accept £xx.xx in full settlement of all monies due to you, I will pay it promptly.

 

If you fail to accept my offer within 14 days or you insist that I pay more, my offer will be withdrawn and I will pay you nothing.

 

Yours faithfully,

 

Harlands tend to argue for ages but we've found you can just ignore them after a while.

 

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  • 3 weeks later...

hi everyone.

just updating.

I received respond from harlands regarding my letter.

They still demanding whole amount of £290.00 by the 16th May 2014, otherwise they

will passed to in-house collection team CRS with further fees.

 

I your opinion , should I respond to that or not.

also, I am worried if they pass it to CRS would this affect my credit score in future?

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Ignore them. They know they cant do anything and if a silly DCA gets involved you can tell them straight up that there is no debt and you will be filing formal complaints if they harass you. You can say the same to harlands. Dont worry about your credit score, i cant say ive ever heard of harlands putting a marker on it for their spurious charges.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Agy,

 

You gave Harlands the chance to accept one further month's payment but they refused or ignored the offer, despite you saying it was limited to 14 days.

 

Do not worry at all about CRS. This is just Harlands wearing a different hat !! :lol:

 

This matter will not affect your credit rating as gym m/ship "debts" are no longer reported by the CRA's.

 

I suggest a brief letter to Harlands :-

 

I refer to your letter of xxdate.

 

I offered to pay a final month's fee but you chose to decline or ignore this. My offer has expired.

 

If you continue to demand payments, either as Harlands or CRS, I will make a formal complaint to Trading Standards.

 

As far as I am concerned, the matter is now closed. I reserve the right to ignore further communications or demands from you but they will be reported to Trading Standards.

 

Let us know if/when you you hear further from them.

 

:-)

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  • 3 weeks later...

hi again,

 

no reply to my last letter but instead I have one from CRS demanding and extra £104.40.

my balance is now £394.40. is scary.

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Hi Agy,

 

My advice would be to ignore CRS for now.

 

However, if you feel the need to respond, you can tell CRS :-

 

I refer you to your demand for £394.40 which is ludicrous.

 

My letter to Harlands/CRS of xxdate [my draft in post #19 above] said I would report further demands to Trading Standards and this will now happen.

 

Your ridiculous demands will continue to be ignored.

 

Let them continue to add their daft charges if they want. You can just continue to ignore.

 

Keep us updated.

 

:-)

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I don't feel I need to reply, but I have bad experience with debt collectors.

few years ago we sold the house, tenant of the people who bought it, somehow was using my details

(I think she must have some of my letters) to catalog shopping. It took me nearly two years to clear my name.

I getting a goosebumps seeing a red letter.

I will try to ignore it for now and will see.

many thanks slick.:-)

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DCA's cannot do anything to you. Especially these muppets. Follow slicks advice and youll be fine.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 years later...

Hi everyone.

 

Unfortunately, again harlands story.

My previous posts in here from 2014. Since then I did hear from them until last Friday. I have received letter from Debt collectors stating that they add another £36 and demand the payment. They also mentioned that they were looking for me as I moved houses. Yes, I did in April 2015, but from June 2014 - April 2015 no more correspondence from them.

My, question, again as mention in previous posts to ignore it. Should I ignore it?

I the last post Muldy mentioned that they managed to get CCJ against her. I am worried.

Appreciate any advice,

thank you

agy

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