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    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • 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 (as trustee and leaseholder) 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.
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Another Xercise4Less Query


DeebDoob
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I've read through all the threads here, and this seems like the best course of action - to write a letter to CRS (who have now taken over from Harlands with harassing my daughter). It's a similar situation to many on the forum - except she was 17 when she signed up, and there was no "adult" involved in either signing up or payments. We have emailed the gym once saying this (on receipt of the first Harlands email):

 

Dear Sir/Madam

I am contacting you after taking advice from your staff onthe phone.

I have had a contract with you since 2/9/17, which wassigned when I was 17. I handed in a letter on about 12/7/18 sayingI wished to cancel my membership as soon as my year was up, on 2/9/18. Ihave now cancelled my direct debit, and received a slightly threatening letterfrom Harlands Group, asking me to reinstate my DD or pay an admin fee.

I have tried to ring Harlands, and have evidence of being onhold for over 30 minutes. I have tried to use Harlands' online system, but thisdoesn't accept the reference number given by them (again, I have evidence).

I would be grateful if you could provide some clarity onthis situation, as I have taken legal advice, and would like this mattersettled quickly, and to not receive any further harrassing emails fromHarlands.

I wish to cancel my contract as of 2/9/18, as stated in myprevious letter, and would like you to action my cancellation as soon aspossible.

As stated in my previous letter, please let me know if thereanything else I need to do.

Regards

 

 

 

I think it's time for a letter to go to them, so I wonder if someone would give me their thoughts on the text below? I'm a bit doubtful about the dates - it could be that daughter was a bit keen to cancel the DD, and that it hit before the notice period was up, hence the offer of £9.99. She will send this by regular post. She is very worried, but has been ignoring their emails/texts.

 

Thanks in advance for any comments.

 

Your reference: xxxxx

WITHOUT PREJUDICE

I have received an email letter from CRS on 14/12/18. It once again makes unlawful threats and harassing comments.

My Xercise4Less membership was cancelled, in writing, to the gym on 12/07/18. The gym did not inform me of any additional requirements to accepting this notice (copy enclosed).

I cancelled my DD mandate in September, and this can also be considered notice that my membership was to be terminated.

I will offer a final payment of £9.99 as a fee for a final month’s additional notice. You have 14 days in which to accept this full and final settlement, and to provide details of where I should send the payment. It will not be made by direct debit. I will not pay any administration or penalty fees.

Further to this:

I was 17, and therefore a minor, when I signed this contract. There is no guarantor or co-signer for the contract. The staff used high pressure selling techniques on me. I will robustly defend any legal proceedings you bring against me.

I will not respond to any text messages, email messages or phone calls from you or any other organisation on this matter. Any correspondence will be done in writing.

If you continue to harass me via electronic means, I will raise a complaint with Trading Standards, the Financial Conduct Authority, the OFT and the Financial Ombudsman. I also reserve the right to pursue court action for harassment and seek damages. Under GDPR rules, I also withdraw my consent for your organisation to hold data about me, or to pass it to other organisations or entities.

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You block their emails and boune them back and block the text number too

 

Simply write offering 9.99

If they refuse

Ignore them forever

 

Dont waffle either

 

A dca is not a bailiff!!

Zero powers!!

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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Hi DD and welcome to CAG

 

Your letter should be addressed to Harlands. Harland/CRS are one and the same - CRS are not a separate DCA - that's what Harlands/CRS want you to think.

 

The letter is way too long and I suggest :-

 

I cancelled after giving proper written notice to the gym.

 

I owe nothing more and suggest you make no further demands or your actions will be reported.

 

I also suggest a letter to X4Less's Head Office in Leeds :-

 

I gave the proper written notice to cancel my membership at [town/city] gym and paid all I owe.

 

If you allow Harlands/CRS to continue to make demands, you will be reported along with Harlands/CRS for Harassment.

 

I expect your written confirmation that you've instructed Harlands/CRS to cease all contact with me.

 

Get a free Certificate of Posting for each letter at the PO counter.

 

:-)

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