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  1. Hey all, looking for a quick bit of advice here. I signed up for a membership with X4L on the 14th of May 2018, and have only used the gym a handful of times in that time. I haven't been at all during 2019. I now have free access to a local gym which a friend owns, so I cancelled my direct debit with X4L/Harlands on Jan 4th 2019. I then cancelled my membership via their Online Cancellation Portal not long after. After doing so, I received this email - Then this email the following day, Never realised that I wasn't supposed to cancel the DD until they had taken their last payment, but I didn't think it'd matter since I haven't used their facilities in months, even after cancelling my membership (which they can check, because they use fingerprint scanning to allow you access at my gym). On the 24th of January I received an email from HG (Harlands Group) notifying me that I owed them £45 because of admin fees. I sent them a reply letting them know that I would be fine paying the £19.99 for the remaining month of membership (which I never even made use of), but I would not be paying any of their silly admin fees. They never replied, and then on Feb 16th I received this email, So it has suddenly increased from £45 to £69.99? Am I in the wrong here? TL;DR - Cancelled via direct debit, then online using cancellation portal, received email saying not to cancel the DD (I already had by this point), offered to pay for the remainder of the membership (£19.99), now they're trying to charge me £69.99.
  2. Hi, i originally join the gym through lifestyle fitness in February 2017. I then cancelled my direct debit through my mobile banking app in August 2018, just after the payment was made that month on the 15th. It is now December 2018 and I have received a letter from the CRS stating I owe them £250.52, “following our initial letter” even though I haven’t received a letter previously, haven’t received any emails stating I owe them any money or anything. i was under the impression the gym membership was cancelled when the direct debit was and I haven’t heard from them until now which is 4 months after the direct debit was cancelled. I am just looking king for advice as I don’t understand how I should be liable for paying this money when I haven’t been to the gym and had no word from them in regards to “late payments” I literally just assumed it would have cancelled This is also my first time posting a thread so I have no idea how this works haha thanks
  3. CCA Enforceability Thread I'm sure I've seen it stickied somewhere and cant find it for the life of me.
  4. Hi everyone, I can see this issue is really common and I've already read some excellent advice on here. I just wanted to make my own thread just to double check I do everything correctly! Hope this is okay I've recently decided to cancel my gym membership at Lifestyle Fitness as I am now using a newly opened gym next to my work place. My membership was just a monthly rolling, no contract, cancel at any time thing.. I followed the FAQ available on the Lifestyle Fitness website which states to email any cancellation request to Harlands. I sent an email to cancel on 01/03/18. The same evening I also cancelled my direct debit as I did not believe I owed them any further money. My direct debit payments were paid on the fifth of each month. On 06/03/18 I received an email from Harlands with the below letter attached as well as a text informing me that I had an important email: re: Your membership to Lifestyle Fitness Harlands administer the collection of all payments due under your membership agreement with Lifestyle Fitness. Your bank have advised us that your March instalment has been returned unpaid "instruction cancelled". You have therefore been charged a £ 25.00 administration fee which means you need to pay £ 46.99 to bring your account up to date. Call LIFESTYLE FITNESS HELPLINE - 01444 449171 immediately so we can collect this by DEBIT / CREDIT card and reinstate your Direct Debit over the telephone. If you wish to pay by another method, you must still phone to discuss your options. If you do not call us by 26 March 18 you will be charged a further £ 25.00 administration fee. Our telephone lines are open 8.00am to 8.00pm Monday to Friday & 9.00am - 12.00pm Saturday. They also left me 'helpful' information on what I had to do to cancel my membership - pay the above figure as well as another months notice. Despite this exceptionally prompt contact, my original cancellation email is still unanswered - who woulda think it Following advice on these forums my plan is to send the following letter: Dear Harlands, I refer to my membership at Lifestyle Fitness gym in XXX which was a rolling monthly agreement. Following Lifestyle Fitness guidance I informed yourselves of my cancellation on 01/03/18. I also cancelled the Direct Debit mandate. I now realise that I did not provide 30 days notice. I therefore offer to pay the outstanding £21.99 for the notice period. I will pay you no administration or cancellation fees and no further membership amounts. If you confirm in writing that you will accept the amount of £21.99 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 Sincerely, My only real concern here is that they have my phone number. Letters or emails would just amuse me but phone calls would be rather annoying. Is there anything I can do at this stage to try to prevent that.. is contacting the gym themselves worth a shot? Thank you all for any help!
  5. If you have any comments, questions, insights or suggestions about the new GDPR regime which comes in force on 25 May, please post them here. New template here
  6. Apologies for posting here but I haven't used CAG for a while and can't get a new post box on the help for landlords forum. Can you help me please?
  7. Hello all, I was a university student who signed up to my local gym. My last payment to the gym was in February of this year. I believe the payment was set up at £19.99 pcm. I ran into some financial troubles in February and the direct debit for this membership was revoked by my bank (HSBC). I viewed the email sent to me by the gym group and assumed that next month when they came to debit my account, they would take the amount owed + the next membership instalment. I recently started receiving phone calls from CRS, of which I have not picked up. I then checked my emails and found one from them stating I owed them in excess of £300 due to late payments. What has gone from a (relatively small) 'admin' fee from the gym of £50 has now shot up over six fold. I will admit that I probably should have kept on top of this (phoning the gym/bank to discuss how payments should be made) but other reasons and a lack of checking my email account associated with the gym lead me to do otherwise. I suppose I am creating this thread for advice on how I should proceed with CRS with regards to this issue. I have already read that CRS have no legal power with respect to collecting debt owed. I also have read that it is not advised to answer their phone calls. However, I fear as time passes and the debt racks up, it may get to a point where I 'owe' them much more than the current £350 as they keep on adding 'admin' charges to my name. As a student who does not necessarily have those kind of funds, what would be the advised next step for me? I am hesitant to contact CRS to work out a payment plan without fully understanding my rights. If anyone could assist me, it would be greatly appreciated. Thanks
  8. In September 2016, the government set up the HMCTS Historic Debt Team as a pilot scheme to recover outstanding court fines that had remained unpaid for a period of up to 10 years. In many cases, the reason for the fines not being recovered had been due to individuals moving address etc. In March 2017, the government announced that since its launch, the HMCTS National Compliance and Enforcement Service had recovered ‘significant sums’ and as a consequence; the Historic Debt Team expanded their tracing activities to recover outstanding court fines over 10 years old. Every day I receive at least half a dozen enquiries about an 'historic' fine and with far better computer technology at the courts, it is actually very easy to make enquiries about the fine etc and in many cases, an application can be made to the court for a Section 14 Statutory Declaration. Should I pay or make a Section 14 Statutory Declaration? Given that the majority of court fines from the HMCTS Historic Debt Team may go back many years, many people have little or no supporting documentation available and are naturally worried about the prospect of applying for a Section 14 Statutory Declaration and instead, decide to pay the amount requested in order to conclude the matter. This is perfectly understandable. Is there a time limit for making a Section 14 Statutory Declaration: An application for a Section 14 Statutory Declaration must be made within 21 days of you becoming aware of the court fine. PS: And despite inaccurate internet advice, it is not 21 days from becoming aware that a Statutory Declaration is on option !! Can I send a sworn Section 14 Statutory Declaration to the court (or the Historic Debt Team) by recorded delivery? No you cannot...most Magistrates court will reject your application and advise you that you must make an appointment and attend court in person ......(continued on the following post).
  9. after a little google and a browse around the forum I've seen alot of prople having the same issues with Harlands after trying to cancel gym membership! My situation is as follows I joined a gym (choices health club) september 2015 for a 12 month contract and then it went on to a rolling contract. I was working away monday to friday and the gym was near where i worked. I started a new job in sept 2017 (75 miles away from the gym I'd joined) I cancelled my DD on 13th september 2017, i rang up the gym to cancel my membership, I was told I'd have to call in to cancel, I explained I now live over an hour away and they emailed me a cancellation form. I got an email from Harlands 15th september regarding my cancellation of my DD and that if i didnt reinstate it by 25th september (my billing date) I would be charged a £25 administration fee. I didn't send off the gym cancellation letter. These are the t&cs on my cancellation letter, as I've already cancelled my DD I didn't want to sign this agreeing that If i cancelled my DD I would accept the 'irreversible adminstration charges' TERMS AND CONDITIONS OF CANCELLATION • You must abide by the cancellation notice period applicable to your membership contract • In the unlikely event of a dispute, it is the member’s responsibility to provide proof of cancellation • You must keep your copy of this cancellation and be able to produce it if requested to confirm your cancellation, if you are not offered a copy please request one • Do not cancel your direct debit until all payments have been made after the submission of this form, doing so could result in irreversible administration charges • You may not downgrade your membership within the cancellation period • You are able to withdraw your cancellation at any point during the cancellation period, we can accept this withdrawal verbally and once it has been accepted you must resubmit a cancellation form to cancel your membership I then received another email from HARLANDS dated 26th september referring to their letter dated 15th september I have not contacted them. As i have not reinstated my DD I know owe £25 adminstration fee £39.99 for bill dated 25th september £39.99 cancellation fee £104.98 Total owed If i do not contact them by 16th October I will incur a further £25 adminstration fee. Just looking for some advice on what to do next? As I haven't yet sent my cancellation form off i realise that my gym still recognises me as a member. I called the gym again yesterday 26th september stating that I had received another email from HARLANDS and asked if they had processed my cancellation form (I haven't sent one) I haven't used the gym since July 2017 My home address is still the same as when I joined the gym I can provide the wording of HARLANDS emails however from what i have read from other people s posts it seems like a default reply. Thanks in advance guys!
  10. Apologies as I've probably posted on the wrong board! I've just returned from holiday. Before I left I read a thread that I really wanted to respond to but didn't have time to do so before gallivanting off to Florence. I'm pretty sure it must have been a legal thread. Essentially I recall it being about a magistrate remonstrating with a defendant who pleaded "not guilty" when the Mag thought they should have plead "Guilty". I think it was about "historic debt collection" and possibly TV licences. Anybody point me in the right direction? I've looked but can't find it.
  11. Hi Guys, Just checking something out and was looking for clarification. On my Equifax report, it states that an overdraft I had with HBOS. First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011. The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012. I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this. Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017. Can you confirm if I am correct? Thanks
  12. I started an important thread earlier today concerning a recent court judgment where a debtor was ordered to pay £7,000 in costs after losing his claim against Harrow Council and their agent; Newlyn. The background and Judgment can be read by way of the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?477808-Paying-the-creditor-direct-to-avoid-paying-bailiff-fees-has-landed-a-debtor-with-a-%A37-000-cost-order.(32-Viewing)-nbsp To ensure that the original thread does not go 'off topic', discussions about the judgment can be posted here.
  13. Hi I have previously started a new post/thread and was wondering how to start a new, separate thread? I have done one before but totally forgotten how to do one. Any help would be appreciated. Thanks.
  14. Hi folks, I too got a remote sensed ticket from this bunch for an alleged offence on 28 November 2014 at the same spot and the letter FCN was issued 23/12/2014. No ticket was issued at the time We moved house so didn't get it until early January and the photograph places me mid manoeuvre at the side of Laura Ashley as I dropped my wife off to pick up something for her Mum. I appealed the ticket thinking they were a bunch of chancers but I note in retrospect that their online appeal form has a check box for registered keeper or driver and I don't know which one was ticked. We recently had a reply to our appeal dismissing it and showing other pictures of our 'offence' and they put the charge up to £100.00. Are we able to send the following letter to get them off our backs? ' As Schedule 4 of the POFA 2012 has not been followed, then as registered keeper I am not liable for the charge. Address all further correspondence to the driver of the vehicle at the time of event. I am under no obligation to name the driver of the vehicle at the time of event. No further correspondence will be entered into. This has been sent with proof of postage. ' Get free proof of postage from post office and ignore all further begging letters you will receive.. Many thanks TB
  15. HI, just wondering if anyone can help at all plz, im in receipt of payments fro my ex for our 2 children that live with me throughout the week and visit their mother 6 nights per month plus 2 weeks holidays. The CSA closed there file on the 11th Feb but collected the arrears on the schedule, CMA have assessed payments but starting the 7th March leaving quite a shortfall in payment. Ive been on the telephone to both companies and told theres nothing they can do about the period in between which is alomst a months payment.. is this right as they both state that the paying parent has a legal obligation to pay???? This has also gone the same as receiving nothing for the first 14 months of our separation.. No wonder my ex first agreed to direct payment and then worked the system, its the children i feel sorry for not myself.. Any advise would be appreciated as to what i can do Hadituptohere
  16. There have been a few threads recently from people who have suffered accidents where the third party is 100% at fault and the third party insurers have accepted responsibility. There are then questions raised about whether to claim on your own insurance policy or claim directly with the third parties insurers. There is no perfect answer about the best way to proceed, as it can depend on so many factors. You have to notify your own insurance company first anyway and you should discuss with them your options. If you have personal injuries to claim for, then it is not really wise to go to the third party insurers for the car damage only, as you will want deal with the whole claim properly using any professional advice you can get. You might have legal cover under your own policy or can use an accident management company to deal with all aspects. Firstly, claiming off your own policy If you have comprehensive cover, you can claim off your own policy, but you then will normally have to pay an excess and claim this back from the third party insurers. The excess is payable before any repairs are carried out or deducted from any write off settlement. It might take several months, before a third party insurers refunds the excess to you, after you have submitted your request for reimbursement. So if you are short on funds, this might cause you a problem. If you have a car which is written off with a smallish value, say less than £3,000 and replacing it would be quite difficult, then you need to be aware of a few things. Firstly you have the excess which might take a few months to get back. Secondly, if you pay your premium monthly, your Insurers are quite likely to reduce the claim settlement, by deducting the remaining premium. So for a car worth £3,000, you might have say £250 excess and say £750 remaining premium deducted, leaving you with £2,000 to buy a replacement car. If you are short on funds you might be unhappy you don't have the money to buy a similar car. Thirdly, if your claim is being dealt with by an accident management company on behalf of your insurers, you can expect your claim to be delayed. They have a habit of drawing out claims and providing credit hire cars, to make money from third party insurers. The advantage of using your own insurers, is that you have a contract with them and rights to use the FOS if you are unhappy. Your Insurers are responsible for the repairs they authorise, so if a car is returned with substandard repairs, you have a right to ask your insurers to pay for additional repair work if necessary. With a third party insurers, it is more difficult to deal with repair issues and you can't use the FOS. If a car is wriiten off, you can go to the FOS to complain about your insurers offer. With a third party insurers, you would have to go to court, as you don't have FOS option. Claiming off third party insurers If a third party insurers is interested in dealing with your accident claim directly and there is no personal injury involved, then it can be worth it, for some of the reasons mentioned above. They won't deduct an excess, they won't deduct any remaining premium from a write off and they will normally pay you the book value for a write off. You might have to use the insurers authorised repairers, but can ask to use your own local garage, if they agree to any repair quote provided. The difficulty can be where you are not happy with repairs or write off value, as you are not dealing with your own insurers. The option of dealing with a third party insurers is not going to be suitable for everyone, if they are not confident in dealing with such issues or have a car of reasonable value they feel happier having repaired via their own insurers. Quite often the third party insurers will arrange a hire car for the period needed and to pay for it. It can be less hassle than a hire car via your own insurers, who will be conscious about the hire cost, as it will need to be claimed back off the third party insurers. It depends on what hire or courtesy car cover your own policy offers, as to pros/cons of claiming on own policy or third party in regard to the accident claim. It can be a problem area, as disputes can arise about hire car costs. If you are asked to sign for a hire car, be careful about what you are signing, as to whether you could be liable for any costs. This post is not an exhaustive complete item on these issues and there may be more information which would be helpful to people using the site. I thought it would be useful for a discussion thread, so people can add their experience or thoughts.
  17. Complicated story. My neighbour confided in me she just found out she is being evicted at 9am on the 11th Jan 17. She is 69, has long term mental health conditions and her affairs were previously handled by the court of protection for some 20 years. She is a leaseholder (66years remaining) of a flat within a house conversation, it appears from the paperwork I have seen the landlord has been successful in gaining possession and she is now being evicted by way of forfeiture. The original claim for forfeiture in 2014(?), which was withdrawn states for reasons such as no access, not washing windows, putting flowers on the window ledge. There has been ongoing disputes between her and the landlord, ever since as she claims they illegally required the freehold (Some 20 years ago) and she refused to pay a premium of 100k for a new lease, which cost them (the other two leaseholders) £2.5k to get the freehold. Her property in size equates to 40% of the building. This lead to them harassing her, failing to carry out their repairs and reporting that they thought she was dead and the police breaking in. She was sectioned under the mental health act ( a few years back), when she disclosed past incidents. For the past 18 months she hasn't opened mail due to her health and conditions. The mortgage company wasn't initially apart of the claim, but they have adjoined and appear have been granted some relief at some point. She has only realised, a friend insisted she opened up the mail and that when she found last weekend she is being evicted next Wednesday. I know she needs to complete an N244 but what should be included?, I have taken a copy of the guidance. She is not entitled to legal aid, because of the equity in the property and solicitors want up front fees, and/or short notice. Any help would be much appreciated. I have only had 2 hours sleep myself and have to wake up to 4 kids (one who is broken his leg), work, a meeting with my brothers mental health team who have failed him drastically and assist my neighbour, along with my own health issues. So I need to get some sleep, but will check in the morning for any advice on completing the N244 or anything else. I have quite a few of the court papers but need to scan them, which I hope to do tomorrow at some point. Many thanks for reading and I hope we can help her.
  18. Good afternoon I have received the attached response following a CCA letter. Is this contact or not as they are now saying the debt has become enforceable. If not correct what do I need to do now. Below is my original post re this Many thanks http://www.consumeractiongroup.co.uk/forum/showthread.php?467679-Unable-to-pay-DMP-as-now-unemployed CCA return.pdf
  19. Just opening a thread on Carers. What benefits they can get. How earning a small wage can effect them,anything really about carers. What troubles they face. Where they can find help and where. What charities will help them with things they may need.For the people they care for. Whether a unpaid carer or paid carer. Maybe you are a charity and see many things and help so many.Good on you. Whether a Carer who is employed by a company and shoots round all over the towns and cities, what pressures you or they face. Does the company you work for treat you well. What pressure are you under. Too much paperwork do you feel. Do you think you are doing things you are not really trained for. Anything you want to say feel free. I personally have just finished helping someone care for someone and saw how hard it could be. Made a few observations in the little time i cared for someone. And wondered how it really is all over Great Britain.For the Carers in our communities. So soon i will find articles. Just wanted the thread out there. Another thought out of a cluttered mind. Are you a carer .How old are you. I believe many carers are young,some are pensioners i believe. What is lacking do you feel.If anything. The population is getting older,many more carers may be needed. Have your say. The Country would be lost without them of that i am sure. If you are outside looking in just register and have your say.We are a friendly lot. There you are. http://www.consumeractiongroup.co.uk/forum/register.php
  20. Hi all so sorry for this... been a member for approx 2.5 years re joined January 15 so now out of contract, not used the gym for some time prob 6 months or so went on there site to cancel but couldn't find the "W" no that i was given when first joining to fill out the cancelation form, So instead Thought I knew better and canceled the direct debit now Im thinking I've done the wrong thing as I have received a letter from Harlands stating the normal- " ref your membership to exercise 4 less harlands administer the collection of all payments due under your membership agreement with exercise 4 less and your bank have recently advised us that your direct debit instruction has been cancelled. the membership agreement you signed states that all payments must be made by direct debit. Therefore, you must call HARLANDS HELPLINE-01444 449033 immediately in order for us to reinstate your direct debit over the telephone. If you do not call us by the 13 march 16 you will be charged a £25.00 administration fee. the telephone lines are open 9.00 am to 1.00 pm and 2.00pm to 5.00pm monday to friday I would just roll over when i see a letter like this simply because i have no idea what I'm talking about in these type of matters, but when i received the letter something didn't seem right so hence why Iam here asking for your advice..... I take I'm right in saying i shouldn't ring the helpline no? but do i reply to the letter and if so i just wouldn't know what to say? thanks in advance.....john
  21. Is something happening that we do not know about. Three people i know have said,one in Yorkshire and 2 in Lancashire who do not communicate with each other have heard strange unexplained noises from the sky. A loud humming,whining noise. Rumbling,not storms in the distance.Not tinnitus,going on for ages.A mixture of sounds. Are we chasing UFOS about perhaps.You cannot pinpoint it,it is everywhere it seems. I had better leave it there or else you may send the people with white coats to my house. Just wondering.
  22. Hi, I'm trying to create a new thread in Formal Solutions: Bankruptcy, Administration Orders, Debt Relief Orders and IVAs Can someone please look into it? Whenever I try and click on the Title thread; it returns me to the sub forum. Same when I try and click on the area to create the main body of text. Thanks,
  23. When replying to a thread on my iPhone in mobile view, once I post the reply it deletes the thread subscription, so I no longer get instant email replies. I have to switch to full site view, find the thread (as full site view doesn't take you back to that thread) then re-sub to the thread. I haven't exhausted all scenarios where this does and doesn't happen, but I would assume there might be a bug report on the forum software suppliers site that would be similar. FYI, I have seen a few threads where people have replied saying they haven't had an email or seen the reply, which could be down to this bug.
  24. Hi, I did something a bit daft and need to know where I stand. I joined Xercise4Less in August or September 2015, went once and promptly forgot about it things got very tight this month and I was looking at my statements trying to figure out what to cut so nothing would bounce and was all "oh yeah, gym, I should cancel that" Looked around for my member details and couldn't find them. Cancelled the DD anyway since it would either have bounced or caused something priority to bounce. Figured I'd get a letter which would include my membership info and then be able to sort out paying whatever I needed to and cancel the contract. Of course today I got the letter and there's a £25 admin charge and threat of another if I don't payup. Now I know the admin fees are unenforcable but I can see this turning into some sort of circus where they claim I owe them piles of money and refuse to let me cancel. I know I should have cancelled my membership first but it was an emergency (I figured paying my water rates was more important). Part of me is "Meh, ignore them, they don't deserve money for services you don't use and what are they going to do?" and part of me is "But I don't want to be bombarded with threatening letters even if the threats are empty". Any advice on how to deal with this would be appreciated. Thanks, Becky
  25. Morning, all. For some reason, I can't find one of my old threads, which I need to link to for someone in need of help herself on FB, so... It's a thread which I wrote about covert recording and the law which applies to it. I can't remember what I called it or where it was posted, for some reason I seem to have forgotten to subscribe to it, so can't find it in my user CP and can't find it when searching. If anyone knows what I am talking about or knows where to find it, I would (and so would the lady in distress I am helping!) be very grateful. BW.
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