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Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Harlands CRS cancellation


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Was there any resolution to this? I am experiencing the same thing!

 

Ignored them, called citizen's advice who have a case open for me right now.

 

Explained that on the phone when I called them, sent them correspondence between the gym and myself showing that I tried to cancel and warned them of a direct debit cancellation. They said to forward them and they would get in touch with the gym - although I have heard they work in the same building - and they would get back to me.

 

They left me alone for two weeks and called while I was in work and couldn't answer on Monday and sent me a text saying it was urgent to talk to me today and then I tried calling twice with no answer.

 

I just want this to go away.

 

Every thread on here seems to just trail off with no resolution ever posted, please tell me this was resolved. I cancelled my DD in september 2018 and it's january 2019 and I'm still getting calls.

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please start a new thread

of your own.

this thread is for advising chris RC

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 B3 and welcome to CAG

 

You posted on an old thread (Spring 2018) but you now have your own thread here for your case.

 

I have to say, from our experience here over many years, CAB is not the best place to get advice on gym cases. We deal with this all the time and have a good grasp of how gym cases pan out.

 

Give us some background info briefly :-

 

1. What gym is this ?

 

2. Was yours a 12 monthly or a rolling monthly agreement, or other ?

 

3. Date you joined ?

 

4. Date you told gym you wanted to leave ?

 

5. Method of telling gym of cancellation ?

 

6. Date you last paid by DD ?

 

Do not reply to any demand from Harlands/CRS until we've got answers and advised you further.

 

:-)

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Hi thanks!

 

I struggled to set up my own thread even with that youtube video that's linked. Apologies!

 

I'll put your questions above the answers for ease.

 

1. What gym is this ? Xercise4Less

2. Was yours a 12 monthly or a rolling monthly agreement, or other ? It was a 12 month contact

3. Date you joined ? June 2017

 

4. Date you told gym you wanted to leave ?More explained below but technically July and August 2018

 

5. Method of telling gym of cancellation ? Again more explained below but online form, then emails, then phone calls

 

6. Date you last paid by DDicon ? September 2018

 

I had a contact from June 2017-18 and I paid in June 2018

I went into the membership area online and looked for a way to discontinue my membership as I wasn't using it and was also about to hit a hard financial patch so didn't want the extra money coming out my account.

 

I found a tab that said delete payment method and thought that would work

- turns out it just deletes your card from the system but keeps your DD.

 

Next month I noticed money taken out

went back online and eventually found a "delete membership" page

it asked me why I wanted to leave the gym

 

I filled out the form

it said I had removed my membership.

 

then it said my membership had been deleted - great!

Except then the next month they took more money out.

 

At this point it's August and I really can't afford it.

I emailed Xercise4Less myself,

because now I can't login online as it said I "do not have an active membership" therefore I can't do anything myself.

 

Explained the situation to this woman (I can provide the correspondence) she said there was no cancellation request from my account

(odd given that my membership was no longer active) and to send over the submission receipt I SHOULD have received (but never did).

 

I said I didn't have one and she gave me a number to call.

I called it three times on separate occasions and it always went to a voicemail (weird)

 

I left my number, name and a message for them.

Never received a call back.

 

Now it's September and they've taken yet another payment

I cancel the direct debit as there seems to be literally NO WAY of getting help and I just cannot afford it.

 

Skip forward a month

I start getting texts and emails from hardlands saying there's an issue with my account and to login online (which I cannot do) and sort it.

 

I ignore them as I assume it's a system error and it'll stop when they realise.

Nope.

 

Fast forward to November 18 and I get a text from CRS to check my email

- it's the same email everyone got saying they'd sent a letter (they hadn't) and I owed them I think about £170ish.

 

I call because I'm young and panicked and don't want a potential credit score issue to arise and get no answer.

my boyfriend called on my behalf to check them out pretending that his sister was having an issue with them

- they said to send over the submission receipt (that I don't have) and they could leave me alone.

 

I call Citizen's Advice just to see if they could help and they said I should actually be pressing charges against them for money back

- although like you said idk how much they actually know.

 

I call up CRS and tell them about CAB and the cancellation request and he says to send over the emails and then they would "check with the gym and get back to me"

- I did and didn't hear from them until Monday when they called and I ignored it and then I attempted to call today

- cause I'm a panicker

- and got no reply.

 

SORRY for the huge rant - I just didn't want to miss anything.

Edited by dx100uk
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you cancelled

you owed 1 month after you cancelled [or FIRST tried too- that counts]

so as they took MORE than that

go ring your bank and under the DD guarantee get the extra months BACK!!

 

 

they cant harm your credit file

they've not done court in +5yrs as the lost badly.

 

harlands/crs are all the same lot - NEVER EVER ring anyone

block the numbers, block the texts , block and bounced the emails.

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 B3,

 

Thanks for the info.

 

If you told the gym you needed to leave in July 2018, you should have paid in August 2018 (after 1 month's notice) and nothing more.

 

So you need to now contact your bank and seek a refund under the DD Guarantee Scheme of whatever was taken by Harlands/CRS beyond Aug 2018 and the bank should refund without questions.

 

You need to understand, Harlands/CRS are NEVER going to be interested in what you or the CAB think - they simply want your money !!overpaid DD and let us know when Harlands/CRS contact you with begging letters about missed fees and admin fees.

 

:-)

We could do with some help from you

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  • 1 month later...

Thanks for getting back to me.

 

Since this thread they left me alone for a while.

 

They emailed their classic email at the end of january about how they have tried to reach an amicable conclusion but have not managed and to contact them ASAP.

 

Today they have called me twice.

 

Am I okay to just block their number and emails?

Edited by dx100uk
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Sorry my last post was wrong. The last para said :-

 

"overpaid DD and let us know when Harlands/CRS contact you with begging letters about missed fees and admin fees."

 

But it should have said, " Contact the bank and reclaim the overpaid DD and let us know when Harlands/CRS contact you with begging letters about missed fees and admin fees. "

 

Have you reclaimed the DD via the bank yet ?

 

Block their calls and emails or just ignore them and keep a log of all forms of contact.

 

If they DO get through on the phone, just hang up !!

 

:-)

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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