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    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
    • Hi she did say she was cancelling and returned the equipment. It looks like they put her on a rolling contract for 24 months when she phoned before trying to reduce her payments as they kept going up.   I know Sky haven't done that to me. She didn't see that email as she's had lots of stressful situations. No letter in post or when she originally phoned about reducing her bill well over £100 they didn't tell her about this contract.   Like you say there should be recordings. BT mobile contract is separate to broadband and the cancellation fee is for the broadband. They have blocked her mobile so she can't use it and that is a contract.   She is phoning CAB in the morning and checking through her paperwork. I'm quite happy with Sky as they tell you upfront what is happening and have never rolled over my contract.   Thanks for taking time to reply it is much appreciated. 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Harlands/CRS **WITHDRAW COURT CLAIM**


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Hi,

 

I'm facing some challenges with Harlands too, I suspect my situation is weighed less in my favour though.

 

I recently (March 2014) joined and have not used the facilities at all.

On the back of this I wrote to Harlands at the end of May (why I persisted with the membership in that time, I've no idea) indicating an intention to cancel

- I checked this was my right with the Direct Debit agreement (see below)

- and subesquently cancelled the DD in June.

 

This coincided with a house move toward the end of June 2014.

I received no correspondence afterwards, and assumed rightly or wrongly, that this would be fine.

 

I've now been passed, by the current occupiers of my old home, a letter stating that CRS services have been invoked after a failure to contact me and that with oustanding fees, administration fees and CRS charges the balance lies at nearly £300....

 

The only T&C's I have relating to duration and cancelletion state...

 

"You are committing to a single £16.99 Joining Fee payment and a further £16.99 per month for a minimum of 12 months."

 

and

 

"Your Direct Debit payments are protected with a moneyback guarantee and you will receive 3 working days advance notice of any changes. You have the right to cancel your Direct Debit Instruction at any time simply by writing to your Bank or Building Society, with a copy to us."

 

I presume now, in hindsight, that the 12 month contract is binding and enforcable - but what about the administration fees and the engagement of CRS?

 

Your help would be greatly appreciated.

 

Apparently naiive and a bit dim.

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Hello and Welcome Federalez,

 

I have started a new thread for you, hopefully slick will be along shortly to advise.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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How ar away did you move? Are you now a considerable distance away from the gym?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You might be able to cancel without penalty simply due to the distance. Sit tight and slick will be around asap. Suffice to say, if they try to charge ANY penalty charge or admin charge, you do NOT have to pay it,

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Fed,

 

Firstly, you will need to inform CRS of your new address, so you can keep an eye on what they're doing. But we can deal with this in due course.

 

Can you tell us the respective distances from the gym to your old address, and to your new address.

 

We maintain that Harlands/CRS Admin Fees are neither lawful, nor enforceable as they are fixed penalty charges.

 

Tell us about the distances so we can consider your next best move.

 

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Hi Slick,

 

Thanks for the reply.

 

My original address was 15 miles from the gym, I now live 18.5 miles away - which surprised me somewhat - but now I travel across town to get there and the travel time has almost doubled. I don't suppose this is a consideration?

 

Cheers

Edited by Federalez
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Hi Fed,

 

If you lived 15 miles from the gym and now live 18.5 miles away, I would say that is a good reason to cancel the m/ship.

 

Write to the Harlands saying :-

 

Please note my new address is :-

 

xxxxxxxxxx

xxxxxxxxx

xxxxxx

 

As I moved to an address that's nearly 20 miles from the gym, it was no longer possible for me to remain a member.

 

I wrote to you in May telling you I was cancelling but you (acting as CRS) are demanding huge amounts of money from me, including unlawful penalty fees, which will not be paid.

 

I should have given you a month's notice before cancelling the DD mandate and am now willing to pay you a final £16.99 for the month of June.

 

When you confirm to me in writing that you'll accept this sum in settlement of all that I owe, I will pay you quickly.

 

If you insist on demanding more from me, I will pay nothing and ignore further communications from you.

 

Let us know how they reply.

 

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  • 2 weeks later...

Hi,

 

As instructed, I mailed Harlands on the 22nd Aug and received an automated response saying that they would get back to me. Which they haven't. I also mailed CRS with the change of address on the 26th Aug.

 

I have just received a reply from CRS requesting a call.

 

"Further to your recent e-mail regarding your account balance.

 

Please contact CRS directly on 01444 449165 to discuss your account within the next 10 days. A suitable resolution can be organised."

 

Should I continue to pursue Harlands or discuss with CRS?

 

Your help is very much appreciated.

 

Cheers

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Dont respond. Stand your ground.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Fed,

 

There's absolutely no need to contact CRS as they suggest. As with all DCA's, stay OFF the phone as you'll hear nothing of help to you.

 

Unless and until Harlands reply fully to your letter, you don't need to do anything more.

 

For anyone who doesn't already know, CRS are really just Harlands, working from the same office but pretending to be a DCA.

 

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  • 4 weeks later...

Hi,

 

I'm not sure if this is peculiar or not, but despite acknowledging receipt of my email informing of the address change, and indeed responding, CRS have continued to send mail to my previous address (dated 24th September). My delayed response is down to the time taken receiving this correspondence.

 

This letter identifies two potential courses of action they may take. Firstly the pursuit of legal action, eventually threatening the registration of a CCJ including liability for court costs.

 

The other is to outsource this collection to an external agent. Now I originally presumed that CRS were an external agent, this appears based on what you've suggested earlier to be only partially true.

 

I notified these guys of the intention to cancel and have indicated an intention to settle by covering the month that they may not have had in notice. Should I be concerned by these threats?

 

Your help is always greatly appreciated.

 

Cheers

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CRS are just low life DCA's. They cant do anything and will pressure you as hard as they can to get you to cave into their demands. The second they do something wrong, report them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Fed,

 

As I said before, CRS are simply Harlands pretending to be a separate Debt Collection Agency. Ignore CRS completely for now.

 

You have written to Harlands making a reasonable offer which they have chosen to ignore. Until Harlands reply to your letter in post #8 above, you do not need to do anything further.

 

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  • 3 weeks later...

Hi Fed,

 

Who is threatening to use Zinc. If it's CRS, you can ignore completely.

 

If Zinc get in touch, we'll see them off quickly. Next threat may be Major & Co Solicitors and we'll help you see them off just as quickly.

 

Unless and until Harlands have the decency to reply properly to your letter in August, you can continue to ignore CRS.

 

They'll get bored and move on to weaker prey, hopefully sooner rather than later.

 

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Hi Slick..

 

Yes, it's CRS who've written to say the debt will be handed over.

 

Cheers

 

In that case, continue to ignore but let us know of further contact ............

 

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  • 4 weeks later...

Hi Slick

 

As alluded to in the previous correspondence I've now received an email from the Zinc Group, "welcoming me to the group as a priority customer" :) Really?

 

I still can't quite believe Harlands have not responded.

 

What do you think the next steps are?

 

Cheers

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Hi Fed

 

See here for a letter to send to Zinc - http://www.consumeractiongroup.co.uk/forum/showthread.php?424491-Harlands-and-Xercise-4-Less&p=4648233&viewfull=1#post4648233

 

Alter it a bit so it's not a direct copy,

 

Keep us informed.

 

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Hi Slick,

 

It appears there may be progress beyond the continual threats of additional collection agencies and litigation.

 

I received a letter from CRS yesterday confirming that Zinc had handed the case back to them, and that due to timing of the case handover from Harlands and my communication to Harlands

- this was the reason for the apparent ignorance of my letter and continued harassment.

 

They suggest that they'll review the case of my relocation, based on my proving that my address is more than 15 miles from the Gym.

 

Presumably an image of a utility bill / statement will suffice?

 

Thank you for all of your help with this.

 

Cheers

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Hi Fed,

 

Did you send a letter to Zinc?

 

Send Harlands (not CRS) a copy of a utility bill showing your new address. I'd say :-

 

Dear sir or madam,

 

I refer to the letter from CRS of xxdate.

 

I enclose a copy of a bill from xxxxxxxxx which confirms my new address.

 

1. You failed to respond in a reasonable time to my email of 22nd August offering to pay £16.99.

 

2. Harlands/CRS have continued to demand payment whilst the matter was in clear dispute which is a clear breach of The OFT Debt Collection Guidelines.

 

3. You referred the matter to a 3rd party DCA (Zinc) which is a further breach of The OFT DCG's.

 

4. Harlands/CRS continued to write letters to my old address, despite having my new one. Your letters, suggesting that I owed large amounts, could have been seen by the new occupants of the old address causing me embarrassment and damage to my reputation.

 

5. You failed to act in accordance with the strict requirements of the Data Protection Act, which can be reported to The Information Commissioners Office.

 

For the reasons stated above, I will pay you nothing more and I require, simply, your written confirmation that you consider the matter closed.

 

Any other response may result in my taking appropriate action against Harlands including court action, and formal complaints to Trading Standards and The ICO.

 

Yours faithfully,

 

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Sorry - I missed that update.

 

I did send a response (similar to the one you linked me to) to Zinc. I heard nothing more from them, just a letter from CRS confirming the case had been returned to them.

 

The more I look, the more vile I find the behaviour of this company.

 

Thanks Slick - I shall continue to keep you posted.

 

Cheers

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  • 2 months later...

Hi,

 

Well it seems things move very oddly in these circles. I received a letter from CRS, as stated, on the 18th November (I recall) asking me to provide evidence of a change of address.

 

I sent a mail to Harlands in the first week of December (a little late, I guess), similar to the suggestion by Slick including a redacted credit card statement with proof of addess. I received no response to this.

 

At least until today!!

When I receive a letter from Spratt Endicott Solicitors stating they have been instructed by Vitality 4 Less to write to me, that failure to repond within 7 days may result in legal proceedings

- that a Judgement may affect further credit application

- and to pursue an affordable arrangement.

 

Now, I dont understand why having made the offer why they'd continue to pursue/harrass me over this, or why they would not acknowledge receipt of my letter and requested proof?

 

I feel the need to repond to the solicitors - but the threat of legal proceedings is something I obviously don't need/want.

 

What should I do, your help is greatly appreciated?

 

Cheers

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