Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.

Hi all, i've been reading these forums for awhile after a certain run in with Harlands/Xercise4less as it appears i'm not the only one to fall victim to their harassment. I would really appreciate any advice regarding the matter - I know that it's not something to lose sleep over but i'm a bit fed up at the moment. Brief background: July 2018 - I hadn't used the gym in a couple months as I moved to a different area and joined a different one closer to work. I thought I had completed the 11 month obligatory period and decided to cancel the direct debit, but I was mistaken, I still had a month left (although I had not used the gym in a couple months by this point already) August 2018 - They send me an e-mail saying I owe them 36.99 (11.99 missed gym fee and 25 pounds administrative charges.) I ring xercise4less and harlands (a mistake) and do not manage to resolve the matter. I send them an e-mail that I recognise there is a month's missed fee and am willing to pay that, but will not pay them any more and will not offer anything further if they do not accept. October 2018 - They have continued to harass me via e-mail and the charges have accumulated to 110.97 and are they are now e-mailing via CRS. They say that if I do not pay, they will have no option but to take legal steps. So i've drafted a letter which I will send to them via post, but I was wondering if there was anything else I should do/add to the letter before I send it off! Again, thank you for your time and any advice would be much appreciated. Best regards, worriedwort

I’m full of shame and a high level of guilt and a lot of remorse that I’m telling you that a few days ago I was caught shoplifting from Primark. This is not of my nature and I have never done anything like this before in my life. I have had a lot of home pressures lately and a marriage that is on the brink of divorce too. Not in any way is that an excuse for my behaviour though. I apologised profusely to the store and I apologise to anyone reading this too. I was taken to the holding room where the security guard asked me to put back all items I had taken. It came to a total of £62. The guard asked me if I had some ID on me but I had not so he said he would have to call the police. Having ID meant it could have been dealt with internally. Police came and I was issued with a Community Resolution slip. And as a part of this I have a store ban and expecting a bill from RLP to cover compensation costs. My questions are: 1. What does this community resolution means now? Am I a criminal? 2. I’m a teacher but had some time out to raise my family. What does this mean for my career? 3. I volunteer with Girlguides and the NSPCC and a few other smaller chairties. Is my role in jeopardy? 4. I am waiting to receive the compensation fee from RLP and will happily pay it as I know fully I was in the wrong. Just to reiterate, I’m so sorry for doing this, I would consider myself an upstanding citizen, and I had a momentary lapse of good morals and judgement. I feel so bad about this and so guilty and so fearful each day that the I may receive some communication that things have to be taken further by the police and I will be made to make up for my I’ll behaviour more. Thanks for any advice or help

Hi.. First post on here so please just let me know if I do anything wrong. I've been reading through all the letters people have sent to Harlands etc but not sure they're specific to my situation. I was going through a tough time financially and cancelled the Harlands direct debit without letting them know first which I acknowledge was a massive mistake and has caused some issues. After the fine raising in price to something daft like 60 quid, I sent them this that I'd found on here - Dear Sir/Madam I refer to my membership at Xercise 4 Less gym in Kirkstall which was a month to month agreement. I cancelled my direct debit mandate in June but realise now that I should have given 30 days’ notice to cancel. Cancellation of the DD mandate was adequate notice of my wish to cancel. So I now offer to pay £11.99 for the notice period. I will not pay you any administration or cancellation fees. If you confirm in writing that you will accept the amount of £19.99 in full settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any higher amount, I will pay you nothing and my offer will be withdrawn. Yours Faithfully, Jack From: Harlands Customer Services Sent: 06 July 2018 10:17 ***** Subject: Important information regarding your membership payments to Xercise 4 Less Dear Mr ***, Please find attached a letter regarding your direct debit instruction, reference number for .... Xercise 4 Less. If you have any questions, please call the Harlands customer service team as per the attached letter, quoting reference number Yours sincerely, Harlands Customer Service Team I didn't hear anything back from that and they've carried on sending me texts / letters from Harlands to my old address. Today Credit Resolution Services text saying "You have been sent an email from CRS regarding your account. Please check your inbox... etc." I now receive a letter from them stating that I owe £140 pounds (Original £80, plus CRS £60 in admin fees). Re: CRS Ref No: **** Xercise4Less Leeds Ref. No: ***** We've been employed by Xercise4Less Leeds as your membership remains in arrears. As a result of this, our fees totalling £ 66.50 have been added. Therefore, your account balance now stands at £ 140.48. WE WANT TO REACH AN AMICABLE RESOLUTION WITH YOU! In order that we can do this, please ring our non-premium rate number - 01444 449165. WHAT ARE THE OPTIONS? 1. You want to continue your membership - The club want nothing more than for you to get the full benefits of your membership. You simply need to pay your arrears and either set up a new Direct debit with us for your remaining months or rejoin Xercise4Less Leeds if your membership has expired. You may also be entitled to a discount if you are able to settle your account balance in one payment. 2. You believe you've cancelled your membership - We understand the numerous reasons why people stop going. We'll listen to your reasons and do everything we can to resolve your account in line with the terms of your membership. 3. You're experiencing financial difficulties - We know times can be tough and therefore have a variety of possible solutions to assist you, including monthly payment plans that you can afford and recommending independent organisations that may be able to assist you in severe circumstances. We'll cease further letters for 7 days, so please call us on 01444 449165 before then. Yours sincerely For Credit Resolution Services Nuria Manson Collections Department Has anyone got any advice on what to reply with considering I've already sent an email saying I'll settle for £25? My monthly membership was only £9.99 and I didn't think I would have to pay any further for a service that I would not be using if I just cancelled the direct debit. Thanks for reading!

Hi guys, Read some posts here to get an idea of what I'm dealing with. I joined the gym late December and had 1 month free then my first payment went in January 2017 for £30ish. It was a 12 month contract. I cancelled my membership in January as I sustained an injury and was not sure when I could be back in. I messaged the gym yesterday who said to go contact Harlands (which I'm not doing unless suggested to me by you guys) The letter states This is the first and only letter I have received from them by the way. What should I do? Hope this won't affect my credit rating. Thanks for your replies.

Water pump failed on my car in Jan this year, took the head gasket with it, both replaced by local garage who i have used for years. Picked car up, filled with petrol, car took 3 attempts to start and EML illuminated. Returned to garage who so far to this date have replaced cam shaft sensor, crankshaft sensor and vtv valves and pullies. Car was still not starting first time but once started did run but EML still showing up. Next advice given was to replace a sensor in the gearbox, (this was done without my permission) when i last rang the garage 3 weeks ago i was told the EML had cleared but now the car wont start. So, i need to get this situation sorted. What are my rights, im not happy to take back or pay for a car that is now in a worse state then when i started so if the car cant be fixed i want to just be able to buy a cheap run around?

Simpler Internal Dispute Resolution Procedures for the AFPS READ MORE HERE: https://www.gov.uk/government/news/simpler-internal-dispute-resolution-procedures-for-the-afps

Hi Was just after a bit of advice if possible, I joined a local exercise 4 less on 16.02.2015, I chose to pay £19.99 per month as this was a rolling membership at that time i was still residing in a different part of the country so there would be periods of over a month without me being able to go . After a couple of months I cancelled my direct debit as I was going back to were I resided and didn't want to get a charge for the month although I haven't been to the gym (as i know some companies do this). Came back to permanently live here and re joined the gym under a rolling contract again and have been using regularly up until October 2017 which is when I paid a £30 admin fee to change the £9.99 and have been paying this ever since with no issues and still am. On 18.01.2018 I had a letter through the post which reads : We've been employed by e4l as your membership remains in arrears as a result of this , our fees totaling £102.50 have been added , therefore your account balance now stands at £237.50. On 18.01.2018 I called up the gym who said it has been passed to CRS as i cancelled the Direct debit in 2015. On 19.01.2018 I then called up the gym to get all the details of when i joined and cancelled and re joined and so on , the start date they gave me was 16.02.2015 but they couldn't give me anymore details and asked me to contact Harlands . This is just a quick email to see if there is somebody here who can help , I think its disgusting as I only had a rolling membership at the time and if I owed them a months price I would do ,and am now getting billed this extortionate amount three years after i joined the gym and when i cancelled, I have read through a few of these threads were people are going through the same process but thought I would message in as every situation is different Thank you in advance James

Hi, Back again for a little more help and this one is a Gym Membership issue. Back in Nov 16 I joined our local gym (I'd previously been a member) around June 17 / might even be little earlier in May I dropped in with a letter explaining that due to illness I could not keep up the payments and as I am self employed was unable to commit to any further membership until I was (1) - working again and (2) - back to normal health. I handed it to one of the trainers (I'd been a member at the gym before for around 2 years and knew the trainers and they knew me) and explained and left. Being wished well. I then start to get letters from Harlands who firstly I called and ended up losing it with them and simply telling them where to go and now it's CRS. I have been doing some reading on here this morning and last night and see that CRS/Harlands are one and the same and I don't worry about Debt Collectors given all the great advice I've had off here before. I'm starting a thread so I can have a point to come back to if I need to but these idiots at CRS are now bombarding me with emails, they can't call as they don't have my number/s and today a letter. I'm just a little worried about these idiots doing Court (Not Harlands as I have read they haven't since 2015 and hashed it) but CRS. I should have sent the letter by recorded post I know, I've read that this morning here too. Their T's & C's state they must have a doctors letter to accept the grounds but I'm not going to share my medical details with any gym or anyone else for that matter. Can you give a little advice on what I need to do/expect. I've quite frankly told CRS where to go and a little stupidly, in writing. Any advice or thoughts appreciated.

Hi my son has similar problems with CRS and cancelled his direct debit payments after 14 monthly payments had been taken . Does anyone know if by leaving it a little bit late and not cancelling after 12 months is he now liable for another 12 months like a sort of rolling contract ? He doesn't have a copy of his membership to check the small print . At present they want approx £200 + with CRS' additional fees .

Hi, Just looking for some advice before I decide to contact/ pay CRS. I took out a 12 month membership with Xercise4Less, last year in jan 2016 but didn't really use it so decided to cancel. I wanted to cancel half way through the membership but I was told by a staff member that I was in a 12 month contract. I asked how to cancel my membership and I was told I had to give 30days notice. I asked if I can give my notice on the telephone now 6 month in which is ample notice, I was told I was not able to do that., the agent replied “no” and I had to give my notice 1 week in to December 2016 , which I did. Soon after I started receiving letters from Harlands, I contacted the gym they were not able to help, they said they would investigate with the head office, and was told repeatedly that someone would call me back. No one ever did. Meanwhile Harlands kept adding on charges saying “they were disappointed that I did not contact them” and they kept increasing the debt by adding charges. This was a lie since I contact them every time I received the letter telling them that I have been in touch with xercise4less repeatedly and they repeatedly keep promising to investigate and call back but they never do. Soon after I started receiving letters from CRS and My debt kept on increasing. But still no one from Xercise4less was willing to explain or help. I sent a letter to Pay 9.99 but I still don’t agree I owe them this, but to stop this harassment I made an offer. See letter below . Despite been told to send letters to my new address, they still sending letter to my old house. Can someone advice. In the last conversation I told them that they need to send me a copy of my agreement and a copy of my cancellation form I filled in online. And they still have not sent that, instead they just send another threatening letter promising court action. Please help. Thank you CRS letter 3.pdf

Hello, I am looking for some help with regards to a letter in received from Credit Resolution Services in regards to an outstanding payment for my gym member ship ' Peak Physique Fitness in Hitchin stating I owe them £235.50 They claim I sign up via online sign up process for the membership which I advised I never had as this was with the gym were in person at the gym but they just don't appear to understand what I am telling them. They also state upon providing my bank details email address name and date of birth tjat I agree to pay £25.00 per month. I signed up March 2016 but had no paperwork at all as I just game them my debt card details and email address. They advised me that a signature on a contract is not always necessary for a contract to be formed. I been in contact with the Citizen Advice Burea and they believe this not a regulated finance agreement in place and they asked me to find out if the gym is part of a trade association - I have emailed the gym to enquire about this I never revived another letter and threatens Court Action (CCJ). They also including the handling fee of £66.50 included in the £235.35 I owe them. I know I cancelled the gym membership within 12 months but I have never been provided a contract or signed up online and the gym had never contacted me in regards this , instead I get this letter from the debt company. I see on this site it mentions a template letter but I was unable to locate it but any advice would be appreciated in regards to this as this starting to worry me alot. I rather deal with the gym direct but its very frustrating they can not provide any gym contract or nay durable form to back up there charges.with the gym were in person at the gym but they just dont appear to understand what I am tellling them. I signed up March 2016 but had no paperwork at all as I just game them y debt details and email address. They advised me that a signature on a contract is not always necessary for a contract to be formed. I been in contact with the Citizen Advice Burea and they believe this not a regulated finance agreement in place and they asked me to find out if the gym is part of a trade association - I have emailed the gym to enquire about this I never revived another letter and threatens Court Action (CCJ). They also including the handling fee of £66.50 included in the £235.35 I owe them. I know I cancelled the gym membership within 12 months but I have never been provided a contract or signed up online and the gym had never contacted me in regards this , instead I get this letter from the debt company. I see on this site it mentions a template letter but I was unable to locate it but any advice would be appreciated in regards to this as this starting to worry me alot. I rather deal with the gym direct but its very frustrating they can not provide any gym contract or nay durable form to back up there charges. Gym arrars letter.pdf

This evening received the following email: Good Afternoon Mr xxxxxxxxxxx , Re. Agreement xxxxxxxx Outstanding balance: £509.20 Outstanding arrears: £25.46 We need to speak with you in relation to the above agreement you hold with PRA Group (formerly All In One Finance). If we could please ask that you contact our office on 0344 245 xxxx at your earliest convenience. Alternatively, please advise of a suitable time so we can give you a call. Regards, xxxxx xxxxx Robertson |Resolution Recoveries |Simpson House |Windsor Court |Clarence Drive |Harrogate |HG1 2PE |T + 44 (0)3442 xxx xxx Resolution Recoveries is a Trading Style of The Nostrum Group Limited which is Authorised and Regulated by the Financial Conduct Authority in relation to Consumer Credit Activities. Registered in England No 04274181. Registered Office: Simpson House, Windsor Court, Clarence Drive, Harrogate, HG1 2PE. VAT No 916 5953 94. This message may contain confidential and/or privileged information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Trouble I have is I had an agreement which was paid off back early last year and I have no idea what this is all about or what its regarding. I did move bank accounts 3 weeks ago and found a direct debit paying some company me or my wife didn't recognise and cancelled it, so car not received any letters so I'm wondering if we have been paying for something we have no idea what it is? Any ideas?

I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.

Hope someone can provide some advice on where I stand legally with regard to this:- On 23/3/2014 I entered into a yearly membership at X4l. On 10/11/2015, I completed the online cancellation form and immediately cancelled my direct debit with them, which I know they say you are not supposed to do. On receipt of letter of default notice I rang Harlands on 20th November 2015 and paid what I believe to be the final months payment, they agreed this was all that owed. On 6/4/2016, I started receiving threats from Credit Resolution Services that I still owed X4l the payment for the month of December 2014 and so, provided them with proof of the final payment made to Harlands and completion of the online cancellation form, but despite this the threats continued. I stopped communicating with Credit Resolution Services back in July, but they have in the last week, sent me a letter stating that they may take me to Court and obtain a County Court judgement if I don't pay £183!! I do not think they have a leg to stand on, but would be grateful if someone could help clarify things for me.

Hey guys, I took out a rolling contract of £14.99 a month paid via direct debit with exercise4less, as I was moving away I notified exercise4less that I would be cancelling my contract verbally in the gym. When telling my friend about this he told me that it was a mistake and I should have emailed them which I proceeded to do. I moved away had a letter from CRS stating that I owed some money posted to my previous address. They stated I still owed £14.99 as I failed to supply one months notice furthermore I have incurred charges of £131.49. I proceeded to tell CRS I had emailed the gym but they stated it was still out of the months paid notice and said as a good will gesture they would accept £81.49. What should I do? Sorry if I missed any information out. Thanks, Matthew.

Hey, I recently received a letter from Credit Resolution Services regarding my membership at exercise 4 less . Think you know how it goes: "We'eve been employed by exercise 4 less as your membership remains in arrears despite previous letters being sent to you. As a result of this, our fees totalling £102.50 has been added. Therefore, your account balance now stands at £207.47. WE WANT TO REACH AN AMICABLE RESOLUTION WITH YOU In order that we can do this, please ring our non-premium rate number - 01444 449165" I joined the gym about 2 years ago on a 12 month contract, assuming my contract had run out, I simply joined a different gym chain, which I am now paying for. Despite what's in the letter they sent me, I had not received any sort of letter before today regarding my gym membership, I haven't even heard of Credit Resolution Services before. What is the best course of action? I've only just received the letter so have not contacted the gym or CRS yet. I may send an email to exercise 4 less asking for a breakdown of my monthly payments. Thanks.

Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?

I am appealing for advice in this case in which Barclays has failed over a 2 year period to put right errors on my mortgage account and now refuses to abide by the binding settlement terms. To confuse matters, the Ombudsman provided misleading information which led to me agreeing the terms and the complaint being closed while the issues are unresolved. Ombudsman has now washed its hands of the case and told me I need to sue Barclays. The Financial Services and Markets Act 2000 (FSMA 2000) makes an Ombudsman’s decision legally enforceable in court, but I can find no solicitor to take on my case on a no-win-no-fee basis and I am not in a position to incur legal fees. It is an obvious winner with loads of political mileage for any law firm. I assume I need to sue once for the statement which they were supposed to provide under the settlement terms and then again later for my losses- which I can only work out once I see the statement. The complaint relates to Barclays’ failure to credit my account with several thousand pounds of overpayments, even claiming the balance had INCREASED after said overpayments. This was my 3rd consecutive complaint regarding Barclays’ mismanagement of the same account. Under the settlement terms finalised 2 June 15 by the Financial Services Ombudsman, Barclays was to provide “a full breakdown of my (mortgage) account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. Barclays has failed to provide the above documentation, but not before lying to the Ombudsman claiming it had! A misleading letter from the Ombudsman claimed the account was now in order (Dec 14) and I thus agreed the settlement terms, which included a nominal payment (which the bank has made). However, the documentation that Barclays was to provide is obviously central to the complaint, particularly since I now have documentary evidence proving the anomalies on the account have NOT been corrected by Barclays. This may be why the bank now refuses to provide the documentation. This documentation was only made available to me by the Ombudsman AFTER I had agreed the settlement terms, believing the account to be correct, and AFTER Barclays had failed to comply. The Ombudsman provided me with documentation the bank provided to it during the course of the investigation, including a calculation (not a statement) which states “this calculation has been provided to assist with the resolution of the complaint”. This documentation does not tally with an independent audit of the account I was obliged to fund. The document makes it clear NO remedial action has been taken, ie it contains a heading “steps required to rectify the account” as opposed to “steps taken to rectify the account”. Nevertheless the Ombudsman told me in writing the account had been corrected! The document is virtually impossible for a layperson to understand and abruptly ends March 14, giving no clues to the current balance and states “the balances shown on this calculator do not represent the actual balance on the account”, so the information is of little use, hence the instruction from the Ombudsman that Barclays provide me with “a full breakdown of the account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. So I have no idea how much interest I have been and continue to be overcharged by the bank on the incorrect balance I was a diligent overpayer until Barclays mismanaged the account. Based on my previous pattern of overpayments, I have been prevented from overpaying at least 10k to date. I have written to John McFarlane CEO asking him to ensure his staff provide the documentation as per the binding settlement terms, to clearly show how much interest I have been overcharged, what steps have been taken to correct the account, and what the correct current balance is, however, it is highly unlikely I will receive a response based on the bank’s attitude thus far. The FCA said they could not assist. I wrote my MP who says he has written to them but won’t show me a copy of the letter. I made a formal complaint about the Ombudsman, but that won’t rectify the account issues. I contacted BBC watchdog and various consumer columns and got no reply. I guess no one dares take on the establishment. I have posted on Barclays FB page and would now like to post the above letter online as widely as possible – any ideas as to where and how would be appreciated. Also any advice on where to find a law firm to represent me on a no win no fee basis would be appreciated.

Then here is the answer. Works for Adobe programs, MWord, Outlook, - probably works with any program http://neoshamon.blogspot.fr/2015/06/adobe-app-scaling-on-high-dpi-displays.html?view=sidebar magic.

https://www.ofgem.gov.uk/publications-and-updates/ofgem-secures-free-energy-npower-customers-late-resolution-ombudsman-decisions So it seems that not only does Npower dishonour it obligations to its customers but it also dishonours it obligations to the Energy Ombudsman as well. Let's hope that Npower's legal clerk- Kenneth Radley Davies is watching Thanks to Eversir for this heads-up

Hi everyone, I have read all the comments about the issues with CRS and Harland but I believe that my case is a little different I do not understand what should be my first step to the CRS letter. Situation: I joined Xercise4less in Oct 2013 and I wanted to cancel my membership in the beginning of this year (Feb2015 - 14 months later). I called Xercise4less and spoke to someone about the cancelation, they said that I have to pop in and fill a form. I went to the gym and filled the form and the receptionist said to me in the lines of, by filling this form you are giving us a notice of 30 days. Come to April 2015 I was still paying to Harlands and when I called the gym they said that I have to give a proof of cancelation. I was speechless, I was chocked and so I spoke to my bank 'Lloyds' they told me not to worry, that they will cancel my DD and they will refund me any payments taken after March 2015. Now I have received the FIRST letter from CRS saying that because I have ignored all previous letters I am being charged £102 plus £100 for non payments . I have all my bank statements confirming all payments of 14 months. I do not have a proof of cancelation. I would like to know what approach should I have and who shall I contact first? My Bank, Harlands, Xercise4less or CRS? Thank you for your time in anticipation .

Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.

Hi everyone, I'm new to CAG and have been reading through some of the posts of people who are facing the same dilemma as me. I'm not sure if I should have started a new thread or not. My situation is as follows. I joined xercise4less in January 2014 (Big mistake), I went a handful of times and stopped going but as I was in a contract I kept the payments up so that I wouldn't be in any breach of contract. According to the email i got "Congratulations on joining Xercise Health & Fitness Club. You are committing to a single £0.00 admin fee payment and £9.99 per month for a minimum of 11 months. You have chosen to pay by monthly Direct Debit and we can confirm that the Direct Debit details provided by you are correct. In December 2014 i sent a cancellation letter in through post as i couldn't hand deliver it at the time (stupidly i didn't make a copy as i hand wrote it nor did i ask for proof of posting as i put it in a mailbox). I left the direct debit active and allowed a payment of £9.99 to be taken on 05/01/2015 as the last payment so all together they have taken 12 payments of £9.99 which to me is the minimum of 11 months and also an extra month for the cancellation period, then i cancelled the direct debit. Within 2 weeks of cancelling the direct debit i received a letter from hardlands saying that the direct debit has been cancelled and there's an outstanding amount of £9.99, i called the club up who referred me to harlands who said that no cancellation was received and therefore the amount is owed. To cut a long story short they then sent another letter with a £25.00 admin fee and when i queried this i was past back and forth from them to the club. I didn't hear anything from anyone for a while then last month i got a letter from CRS credit solutions services saying i owe £171.47 and to call them, unwittingly i called them up and explained the situation, the man said the lowest amount we are willing to accept is £76.49 to settle the debt and close the account down, i said i wasn't willing to pay anything he said and i quote "then we recommend you seek legal advice". Today i have received another letter saying " we would still like to reach an amicable resolution to this, however if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are: 1- Legal action (in this they mention County court) 2-Outsource to external agents. I called to discuss it which i now realise was a mistake, i got the same guy as last time who said we've already wasted enough time on this account and the lower amount offer expires tomorrow 29/05/2015, do you want to make that payment now or not, when i said no he said ok we'll prepare your file for action and ended the call. I'm really sorry for the long winded post but i'm starting to panic over this. Any help or suggestions would be really appreciated. Regards.

Hi I am hoping somebody can help me, I cancelled my gym membership toward the end of last year, i went into my gym and filled in a close of account form and handed it into the lady at reception, i then waited a month an cancelled the direct debit as i was told i had to give a months notice. As far as i was aware the matter was now over until last week i received a letter from CRS Credit Resolution Services saying i owed £222.47 as my account was in arrears. I rang CRS and they claim the gym have no recollection of me handing in the close of account form in and and there for it has been classed as missed payments. Xercise for less have been sending letters out so they claim saying i have missed payments but these have been sent to my old address as i moved house mid membership, they had my mobile number but made no effort to get in contact with me. I spoke with CRS today and they was very off hand and said the best they can do is i need to pay £112.49 today or the matter will be sent for collection of goods totalling that amount. Can sombody please help me with this ? Kind Regards Daniel.