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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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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.

 

:-)

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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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