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    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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Harlands / Lifestyle fitness admin fees


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Hi,

I have been receiving letters from Harlands regarding failed direct debit payments and admin charges etc, similar to many of the other posts on this forum.

 

Back in August,

I paid for two memberships with Lifestyle fitness(for me and my girlfriend),

both of which were on a "flexible" contract which required a minimum one month commitment.

Both of these direct debits were setup under my bank account.

 

My girlfriend moved back home in September and I wanted to go to a more local gym and so tried to cancel the memberships.

My girlfriend rang the gym up who informed her that only the owner of the bank account can cancel the contract.

 

I sent an email off at the beginning of October to Harlands customer support including my name, bank account and sort code and asked them to cancel both direct debit agreements linked to my bank account.

 

10 or so days later,

after hearing no response from Harlands and it being only a few days before the next direct debit payment was due to be took out,

I decided to cancel both direct debits via my online bank account.

 

After this, I had no contact from Harlands for around a month or so until I received a letter through the post addressed to my girlfriend with the whole admin fees crap. Strangely enough, I didn't receive the same letter for whatever reason.

 

I think I read before in the T&Cs that you must give at least a month's notice if you're cancelling, which I didn't realise.

I'd happily pay the last month's fee for my girlfriend but outright refuse to pay the now £50 admin fee.

 

Is there anything I can do to get them off my back?

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just send the std slick132 letter OFFERING the missing membership fee ONLY.

 

then wait

if they fail to accept you then IGNORE EVERYONE.

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... 

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admin fees are totally unenforceable. As dx said, read other threads and get slick132's letter adapted to suit, and send it off. Harlands normally back down when they read it. If they dont, then you ignore it and they forget about you and chase someone else

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 Ilz and welcome to CAG

 

Here's one of my letters that you could adapt and use for the 2 accounts.

 

But before you do that let us know :-

 

1. Date your GF called the gym telling them you wanted to cancel.

 

2. Date you emailed Harlands confirming you wanted to cancel.

 

3. Date you last paid the gym's DD.

 

The gym was right to say only the person paying the gym m/ship can cancel the DD. However, her action that day put the gym on notice of intent to cancel.

 

That's why I want this info before you do anything further. In the meantime don't reply to any contact from Harlands/CRS.

 

:-)

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  • 1 month later...

Hi sorry for the late response, to answer your questions:

 

1. My GF rang them on the 26th September

 

2. I emailed them on the 9th October

 

3. The date I last paid the Gym's DD was 11th September.

 

I already sent off a letter using the template on this forum and have received no response back.

 

Today I received a letter addressed to my gf - this time from CRS asking for over £300. I'm assuming this is just scare tactics?

 

Thanks

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it is yes

ignore totally

 

never forget a DCA [CRS] are not bailiffs

and have

ZERO LEGAL POWERS on ANY debt.

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... 

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Send this to Harlands' Haywards Heath address and get a free Certificate of Posting at the PO when sending.

 

Dear Harlands,

 

I refer to demands from Harlands/CRS for our Lifestyle Gym memberships.

 

The gym were told on 26th September that we wanted to cancel our memberships. This was backed up by email on 9th October.

 

I cancelled the DD mandate on xxdate but now realise I should have paid the DD due around 11th October.

 

I now offer to pay the m/ship fees due for October of £xx.xx in full settlement of all that's payable. If you accept my offer within 14 days and give me account details to pay, you will be paid promptly.

 

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees (unlawful penalties), my offer will be withdrawn and I may ignore further demands from you and/or CRS.

 

Such demands may be reported to Trading Standards and The CMA

 

Yours sincerely,

 

Send this off quickly and let us know how they reply.

 

Stay OFF the phone completely.

 

:-)

We could do with some help from you

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post 5

I already sent off a letter using the template on this forum and have received no response back.

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... 

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Thanks DX :oops:

 

Whoops !! :wink:

 

No reply needed until they reply specifically to your letter offering to pay the final fee.

 

:-)

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 !:-)

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