Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help, CRS/Harlands debt **WRITTEN OFF**


Bean471
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2463 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I wondering if anyone could help me with a recent letter I received from CRS regarding Xercise 4 less.

 

Since cancelling my gym membership via my bank and calling the gym to cancel this is the first letter I've received.

 

My account balance is currently £207.47 with an added fee of £36 for tracing me

- bearing in mind I've lived at the same address for 6 years.

 

 

I rung them straight away to say I wouldn't be paying it as it's a ridiculous amount and that I thought my membership had been cancelled.

 

 

I asked if I could appeal so they gave me an email address to write to,

a number of emails have been sent back and forth.

One stating the gym had an incorrect address and all previous letters had been sent there.

 

 

from them trying to 'find' me my bill is now £207.47.

I've stated I won't pay this but would pay a month and a late fee as if I'd received the first letter this is what they would be asking for, at the end of each and every email they say they could negotiate with the fee.

 

 

Having gone back and forth with the company and going around in circles

I've rung again today and a lady was on the phone I told her what I'd be willing to pay she told me I could reduce the bill by £40 if I paid today,

 

 

I point blank refuse to pay for a bill that had it gone to my address in the first place wouldn't be so big.

 

I'm due to have a baby in 3 weeks time and I'm really stressed about the situation,

I cancelled outside of the contract and I just don't know what else to do!

Sorry for the long post but if anyone could help or advise me I'd greatly appreciate it thank you.

 

Just to add I cancelled in Feb and received this letter 19 June

Edited by dx100uk
Link to post
Share on other sites

you should never ring them

and never be afraid of a DCA

 

 

a DCA is NOT A BAILIFF

and never can be on ANY debt.

 

 

what you simply do is write a LETTER

tell them that you are willing to pay ONE MONTH membership following your cancellation notification to them but not any unlawful penalty fess.

 

 

if they don't accept, you IGNORE THEM ALL.

 

 

there is nothing they can do to you

it cant harm your credit file

and

they don't do court.

 

 

read threads here too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the fast response, when on the phone earlier I asked her to send me a breakdown as to what I was been charged for. Do you think I should wait for this letter and then response with a letter stating I'll only pay for the one month?

Link to post
Share on other sites

no send it now

matters not what they send now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

i think theres a sticky on this forums homepage

or theres 100's here from slick132 already read other threads.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Bean and welcome to CAG

 

There's no rush to respond to Harlands/CRS - they'll have to wait !!

 

1. When did you join.

 

2. Was it an 11 or 12 month minimum m/ship term.

 

3. Did you give the give notice about cancelling by letter, email , phone or email and, if so, when.

 

4. What was the last date Harlands took a DD payment.

 

5. When did you cancel the DD mandate via your bank.

 

6. If you were withing the minimum m/ship period, did you have a valid reason to cancel like relocation of home or job; illness or injury; redundancy or drop in wages; etc.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

Link to post
Share on other sites

Hey slick, I joined January 2016

 

My email say 11 months

 

No notice given, as stupid as it seems I didn't realise any was needed

 

Not sure, I'm going to go bank and ask for a statement

 

Pretty sure it was February 2017

 

Was out of the m/ship period.

Link to post
Share on other sites

Hi Bean,

 

First and foremost, Harlands/CRS are nothing at all to worry about. They are an nuisance but nothing more. Focus on your baby and forget these fools for now.

 

Give an answer to Q4 when you can.

 

After that, you can probably use one of my letters to offer Harlands a final 1 month's fee, which they'll refuse 'cos they're too greedy. But after your offer expires, you can ignore them !!

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

Link to post
Share on other sites

I've not been able to get to the bank yet but received a breakdown of my bill

 

£29.97 - 3 months membership fees @ £9.99

£75.00 - 3 months missed payment charges @ £25.00

£66.50 - CRS recovery charge

£36.00 - Trace fee

 

Just thought I'd let you know what I'm been billed for ;)

Link to post
Share on other sites

Hi Bean,

 

Out of interest, have you moved address since you left the gym prompting the CRS "Trace Fee" ?

 

Don't even bother going to the bank to get the answer to Q4. Just send the following letter to Harlands at their Haywards Heath address :-

 

Dear sir or madam,

 

I refer to demands recently received from Harlands/CRS about my Xercise4Less gym membership.

 

I was beyond my minimum membership period so was entitled to end it.

 

Because I failed to give you a month's notice, I now offer to pay this now. If you agree in writing within 14 days to accept £9.99 in full settlement of all that I owe, I will pay you promptly.

 

If fail to accept my offer or demand any higher amount, I will pay you nothing and ignore all demands from Harlands/CRS, Zinc or anyone else.

 

As I am about to have a baby, any further demands will be reported to Trading Standards and The CMA, as harassment.

 

Yours faithfully,

 

Send this to Harlands and get a free Cert of Posting at the PO when it's sent.

 

In your circumstances, you could also send the following letter to X4Less Head Office ;-

 

Xercise4less (Leeds) Ltd

Unit 1, Kirkstall Industrial Estate

Leeds

West Yorkshire

LS4 2AZ

 

Dear sir or madam,

 

Membership at XXXXXXX gym

 

I was a member at the above gym From Jan 2016 to Feb 2017.

 

I failed to give the required 1 month's notice when I cancelled my DD mandate and, since then Harlands/CRS have been demanding ever-increasing amounts from me.

 

I have now offered to pay Harlands the final £9.99 that was due but I will not pay what Harlands/CRS are now demanding, namely :-

 

£29.97 - 3 months membership fees @ £9.99

£75.00 - 3 months missed payment charges @ £25.00

£66.50 - CRS recovery charge

£36.00 - Trace fee

 

I am amazed you continue to use Harlands/CRS. Their tactics of bullying, persistent demands and harassment and well-documented on the internet.

 

I enclose a copy of my offer letter sent to Harlands today.

 

I am due to give birth in about 2 weeks and I do not need harassment from Harlands/CRS. Accordingly, will you kindly use your influence to get Harlands to not contact me any more at all, except for telling how I can pay the £9.99 I owe them.

 

I will NOT deal with this matter by phone at all, but in writing only.

 

Yours faithfully,

 

Same again about getting a free Cert of Posting at the PO.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

Link to post
Share on other sites

No I haven't moved at all, when I questioned the charge they said my address had been put down incorrectly (a few doors down) I asked how this situation was my fault when they'd input my data incorrectly and been sending letters to the other address... they still want me to pay this amount! I'll send the letters ASAP, thanks

Link to post
Share on other sites

Hi Bean,

 

They are trying to justify something that is NOT justifiable !! They're such total chancers, really.

 

Send the letters and let us know what happens.

 

Oh, and stay OFF the phone. If anyone calls you, just hang up.

 

:-)

  • Haha 1

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

Link to post
Share on other sites

  • 3 weeks later...

Hey!

 

I sent my letters off 6/7/17, sent them signed and 1st class so both received them the 7th.

 

Hadn't heard anything of either until today where I've received a letter off CRS stating my balance has already been written off at the request of their client!

 

So I owe nothing, just thought I'd update you and say thanks 😊

Link to post
Share on other sites

hey well done everyone!

 

 

dx

 

 

 

 

 

 

 

 

The Consumer Action Group needs help to cover its expenses.

You could help by making a money contribution to http://www.consumeractiongroup.co.uk/paypal.php?go=donate

or by downloading our toolbar and using it to search the web instead of your normal search engine:- http://consumeractiongroup.co.uk/cag_plugin.php

Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Bean and thanks for the update.

 

It's nice to see X4Less actually take notice sometimes when told their agent (Harlands) is a nasty bully.

 

Hope all goes well with you.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...