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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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X4L/CRS/Harlands - Help!


DarkPand0r
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Good Evening Everyone!

 

Another Harlands post unfortunately, I've had a good read through and followed some of the advice and am now at the next step and wondering what is my best course of action, Let me start with the background.

 

I signed up to a rolling contract with E4L in Milton Keynes, I had used the gym over the months but unfortunately suffered a quite catastrophic knee failure that has made even a daily dog walk a chore (Joys of getting old I guess!). Because of this I cancelled my E4L DD thinking it was the best way to cancel (My fault, Should have checked the T&C's). I received an email but truth be told I thought it was a cancellation email and ignored it...

 

On the 27th of December I received an email confirming that because I failed to rectify the situation they had added fee's on and I owed them £36.99 and if I didn't call them before 16th of January.

 

I called them on the 15th of January to discuss this (I recorded this mainly because I always worry about situations like this!). I apologised and offered to pay two months to bring the account up to date, would continue my membership as normal.. I got told basically to pay the fee's and deal with it.... Nice!

 

I then received a further email on the 23rd of January now saying because I hadn't called them I now owe them £73.98 and had to call them by 7/2/19.

 

I've followed the advice here and sent them a written letter offering to pay what I owe less the fee's to cancel my account etc etc, I have proof of posting and tracking number for this. After this I've received two emails, the first being an Email from CRS saying I owe them £107. The second is an email from Harlands which is the following:

 

Thank you for your recent letter.

 

We can confirm all cancellations are dealt with online via an online cancellation form, this can be found on the Xercise 4 Less App or use the following link for the Xercise 4 Less website cancellation form:

(Removed due to forum rules)

You will need your W reference number which is W14960979 and then you need to input the branch that you use and your Date of Birth.

 

Please note, to enable you to complete the form, your payments must be up to date and you must have an active direct debit in place, if your direct debit is cancelled and/ or you're in arrears please use the following link to reinstate and/ or make a catch up payment:

(Removed due to forum rules)

Once completed you will receive a confirmation of cancellation receipt.

 

Your membership is currently in arrears for missed payments and therefore charges have been applied. These charges have been applied correctly under the terms and conditions you agreed to during your sign up. These arrears will need to be cleared for you to be able to complete the online cancellation form.

 

If you have any further queries, please do not hesitate to contact us.

 

I'm not sure what to do now going forward, Surely its not possible for them to continue charging me on the basis that unless I pay my fee's I cannot cancel my contract? :(

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ignore them now

block and bounce back all emails.

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... 

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Hi DarkP and welcome to CAG

 

In para 4 of your post above, you say you called "them" which I assume was Harlands/CRS. All the threads here suggest you always avoid calling them. At least you recorded the calls but, in future, never call Harlands/CRS for any reason - it will never do you any good.

 

You were right to offer to pay the gym fees but not the admin fees.

 

They failed to accept the offer so now you just ignore them and their begging letters. By wanting to charge you the admin fees, they've shown they can't be trusted, hence you were right to cancel the DD immediately.

 

Keep a log of all forms of contact from them in case you need to complain of harassment by stay OFF the phone completely.

 

Keep us updated please.

 

:-)

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