Jump to content


  • Tweets

  • Posts

    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • 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.🙂
  • 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

xercise4less/harlands


NPMBNA
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2288 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, just wondering how you're getting on with this? I'm currently having a bit of a nightmare with it.

 

There's NO nightmare to be had with these clowns??

 

Have you got your own thread on your matter?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi all,

 

I joined xercise4less in May 2015 I think.

I can't remember the last time I used the gymlink3.gif.

I thought I completed an online cancellation form some time in May or June this year, however it appears there is no record of it.

 

when I realised the DDlink3.gif was not cancelled from my bank account I rang the gymlink3.gif and spoke to a young girl (she sounded young and I foolishly never asked her name) who advised me to cancel the DD from my end too to 'make sure'.

 

I receive a letter from harlands asking for £34.99, the missed month and an adminlink3.gif fee.

I speaks to the manager who advising me to ring harlands, pay the £34.99, recomplete the cancellation form (as no record of it) and all is sorted.

 

anything for a quiet life, I done it.

 

I have now received another letter from harlands asking for £70.

It seems as I've not paid the monthly fees I now owe another 2 months fees plus an extra £50.

 

I tried contacting the guy who advised me (manager) who is now no longer the manager and I'm now dealing with the current manager.

Who is saying that my DD is cancelled!

which obviously I'm aware as I cancelled it.

 

He also tried to tell me there was no record of the second cancellation form

but luckily I'd kept a copy of it this time.

 

 

I can't prove the original form or the telephone calllink3.gif with the girl but I can obviously prove the payment to harlands (made 24/7 and left my account 25/7/17) and the copy of canc form 24/7/17.

 

He gave me an email address to contact, which I did, it was the same guy who replied?

 

He has now given a number for 'membership support' which is the same number as when I called and paid harlands.

 

I'm hoping someone can give me some advice as to where I stand legally.

I was told that paying the 34.99 settled the account and the completion of the form again would sort.

 

I'm assuming that when I paid the £34.99 they should have re set the DD up and taken one more payment?

but it appears they did not do this and this is probably what's causing the issue?

 

Thanks in advance for any advice you can give.

Link to post
Share on other sites

they always say they never get the forms esp online ones

 

sadly you've just been s@cam med out of your money

IF you owed anything

it would have been ONE payment within the 30 days AFTER you first cancelled.

 

i'd be ringing your bank and getting anything you've paid back under the DD guarantee scheme

 

then WRITE not email

no phone

to Harlands and OFFER them £34.99 for the month after you first cancelled

if they write back and accept you pay it

if they don't accept YOU IGNORE THEM>

 

 

they are not BAILIFFS

a DCA is NOT A BAILIFF.

none have ANY legal powers

Gyms nor their dogs do court either

 

 

dx

 

 

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

nope you only owed £35 for the 30 days after you FIRST cancelled in may.

ignore the lasted attempt to fleece you then.

 

 

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

no you are quite safe to ignore everyone now

watch the forest come through your door under various differing names and DCA/fake solicitor letters

they all come from the same printer..don't be fooled

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 NP and welcome to CAG

 

Your first post is pretty vague about important dates so, before you reclaim any DD's using the DDGS, you need to be as sure as you can.

 

It doesn't matter that the gym apparently has no record of your attempt to cancel. This is so common with X4Less, their denial or assertion would never stand up to scrutiny. If you can be reasonably sure WHEN you tried to cancel and the METHOD you used, you should be ok.

 

Let us know WHEN you tried to cancel and we can then give better advice on your next move.

 

In the meantime, make no attempt to contact Harlands/CRS by any method and certainly don't pay them anything.

 

To my mind, whenever you tried to cancel, you had to make one further payment to to Harlands. Anything you paid by DD beyond that, you can reclaim using the DDGS.

 

Or if you Made any further payment by debit card, you may be able to reclaim that by chargeback.

 

Give us the info we need first, about your best guess at the date you cancelled via the gym.

 

:-)

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

  • 2 weeks later...

Hi Slick, thank for the response.

 

I don't remember the date I originally cancelled online membership, I didn't keep a note of it.

 

I noticed the DD was still showing as active in my bank

I rang and explained to the girl Id completed canc form but that DD was still showing active.

She advised me to cancel DD myself to ensure it was cancelled.

/The DD was cancelled 7/7/17.

 

I was then issued with default letters etc.

Asking me to pay Harlands 34.99.

I was told by the manager that once that was paid I could recomplete the cancellation form and it would all be sorted.

Then the rest is as I've detailed above.

 

Further to the above I received a letter yesterday from CRS.

This said I was in default etc and I need to pay £171

- this is approx. as I don't have the letter in front of me.

 

Given that I've paid the £34.99 they requested

am I correct in assuming I'm doing the right thing completely ignoring anything to do with this now?

Is there a letter a I need to send?

 

Thanks

Link to post
Share on other sites

nope

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 NP,

 

From the info you've given, you should have made a final pay't at the end of August, after making the gym/Harlands aware of your wish to cancel.

 

See the post here and use the draft, follow the advice about proof of posting and send to Harlands - https://www.consumeractiongroup.co.uk/forum/showthread.php?481766-Another-Xercise4Less-Harlands&p=5066107&viewfull=1#post5066107

 

:-)

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...

Hi Slick,

thanks for coming back to me. I have not made another payment since the £34.99 on 25/7/17.

I cancelled my DD 7/7/17 as per the advice from the gym.

 

I was then issued with default notice.

I was advised to pay £34.99 and recomplete form which I did.

 

Do I now need to pay more?

I thought £34.99 was the default charge and final month payment?

 

I've had numerous letters and phone calls, all of which I've ignored, the latest letter being sent via email with court and CCJ threats.

 

Is there a template I can send advising that I've already paid the £34.99? should I have paid more after this payment?

 

thanks in advance for any advice/help its greatly appreciated

Link to post
Share on other sites

you allowed a payment after your cancellation

so as far as I can see that's the end of it.?

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 dx,

 

I have no proof or definite date I originally completed online cancellation form.

They say they have no record of it so going off

that I cancelled my DD 7/7 to which I received default notice which I paid £34.99.

 

Is that a £10 membership fee plus admin therefore I have paid a payment after cancellation?

 

I was told the £34.99 would clear it and enable me to complete cancellation form online again.

 

I'm now receiving threatening demands for over £171.

 

Thanks in advance

Link to post
Share on other sites

if your membership was £9.99

and you paid £34.99

then you got sc@mmed out of a £25 admin fee.

 

there I no such thing as a default notice on gyms debts.

 

there are two ways you can go in my mind:

 

1. go reclaim that £34.99 from your bank as you were sc@mmed out of it.

then offer to pay one £9.99 membership for the month you missed following the cancellation

 

2. write off the £34.99 as that equates to 2.5mts of membership which is what you might owe and call it quits

 

there is nothing they can do to you.

 

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

As well as giving them money you don't owe, you have complained to the gym, and embarrassed them on their social media sites?

 

IGNORE the powerless DCA and go and reclaim the money you paid them using the chargeback, and please STOP believing their pathetic letters threatening being struck down by lightening.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Let's keep this simple - you don't recall when you originally cancelled the m/ship so that doesn't help you.

 

You cancelled the DD 7th July which gave the gym and Harlands notice of your desire to cancel, after which you owed just one further pay't of £9.99.

 

As DX says, contact your bank and seek a Chargeback of the £34.99 on the basis that they've added admin fees that you didn't owe. Be assertive with the bank - they should look after you and not question the matter too much. Get that money back !!

 

Ignore all further demands for now as it's just Hot Air from Harlands/CRS.

 

Once the bank has refunded, you can offer to pay Harlands the £9.99 you owe for the month's notice. But we can deal with that later.

 

:-)

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...

Hi Slick,

 

Thanks for your help.

 

I think I'd rather leave £34.99 I've paid, if they'll just leave me alone!

 

I'm just confused as to how they can say I owe more when I paid what they asked!

 

I've received letters, phone calls, emails with letter attached etc etc.

 

I've ignored them all;

however I'm unsure as to whether I should write explaining I've already complied with their demands by paying £34.99 which covers 2.5 months of gym membership fees after the DD cancellation form?

 

Thanks again

Link to post
Share on other sites

well they wont because you are letting them walk all over you.

 

you need to TAKE CONTROL

 

and do what you've been advised to do, its your legal right to reclaim that from your bank under the DD guarantee

 

then write and offer ONLY the £9.99

 

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

DX is absolutely right !!

 

You HAVE to be assertive or Harlands/CRS will hound you for more and more in m/ship and admin fees. They WON'T leave you alone as you hope and they'll see your actions as a sign of weakness from a victim they'll be happy to pursue further.

 

Unless you do what I said and seek the refund from the bank using the DDGS, Harlands will not only keep money they're not entitled to but they'll continue to demand more.

 

We've been dealing with these fools for many years - we know how they operate.

 

Contact the bank and get the refund as suggested. Otherwise you'll be at the mercy of Harlands/CRS, the Zinc Group and whatever pet solicitors Harlands can convince to represent them these days.

 

:-)

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

  • 2 months later...

Hi all,

 

UPDATE: received text from Zinc, 5/1/18, with a link with letter attached. Clicked on letter but have to input details such as date of birth etc, never bothered so no idea what the letter said.

 

Out of interest do these clowns have a leg to stand on?

 

Thanks again

 

PRIOR TO CONTACT FROM ZINC I'VE HAD SEVERAL OFFERS IN WRITING OF REDUCING THE DEBT

Link to post
Share on other sites

what are ZINC?

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...