Jump to content


  • Tweets

  • Posts

    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
    • Bookmakers use betting on political events to entice new customers, and say it is growing.View the full article
    • nope  and  neither dx
    • Ok Thank you DX will do just that . will keep you up dated.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Help! Harlands / Xercise 4 Less / Money to be taken tomorrow!!


kjm987
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3071 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone!

 

I have read previous threads in this forum, but have began panicking and would much appreciate personal help!

 

Long story short,

my direct debit of £9.99 bounced on the 5th of August due to lack of funds, and I fully admit responsibility.

 

 

I was on holiday until Tuesday, and returned to a letter dated 6th August saying that the £9.99 plus £25 admin charge

will be taken from my account on the 16th, and will not be able to stop after the 14th (tomorrow).

 

I emailed the company on Tuesday (after reading threads advising to stay off the phone)

however have had no reply other than a generic thank you for your email which I received yesterday.

 

In my email I stated I would be happy to pay the £9.99 on the 16th,

however should they take the £25 I will be unable to pay my next monthly instalment and would need to cancel my membership.

I was hoping they would waive the fee as this is a first time offence.

 

I haven't used the gym in two months, so would be looking to freeze my membership anyway,

but I don't want to cancel the direct debit if it will result in further letters and a damaged credit rating.

I am desperate to get this sorted today so they don't take money I don't believe is theirs (admin charge).

 

Any advice would be gratefully received!

 

As a side note

- I have since looked up my membership terms and conditions, and the email given at the time of joining says

I have paid no admin fee and am paying £9.99 for 11 months.

 

 

I joined in the gym, with a member of staff, however she charged me £10 admin fee and I was not told it was a year contract at any point.

 

 

Is this enough of a reason to phone the gym and complain?

 

Again thanks for any help!

Link to post
Share on other sites

phone your bank

cancel the DD

 

 

there is no legal remit whatsoever for them to charge any admin fees.

 

 

as for you credit file

these accounts do not show

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi KJM and welcome to CAG

 

I doubt Harlands will waive their admin fee because this was your first bounced DD. This is NOT how they normally work.

 

But you will get nowhere by phoning the gym or Harlands. Stay off the phone and, if they call you, tell them "In writing only ! " and then hang up.

 

It may be too late to cancel the DD payment if it is due for payment tomorrow. However, if it is paid by the bank, you can get the full amount refunded under the DD Guarantee Scheme.

 

The good news is that, if Harlands have tried to take their £25 admin fee on top of the monthly fee, you have good grounds to cancel the gym agreement with immediate effect. The grounds are simply that Harlands are abusing the DD mandate by making you pay unlawful and unenforceable penalties.

 

Let us know if the DD was paid by the bank, or not.

 

Then we can help you start dealing with Harlands/CRS.

 

Do not worry about the threats that Harlands make. They have no power or authority and they will not affect your credit rating.

 

Also, read other threads here to see how folk deal with Harlands and the problems they cause.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

I stand by Slicks advice. YOu will have grounds to cancel it based upon abuse of the DD Mandate. Your bank will be able to claim the money back from them. You shouldnt get any charges and if you do then you complain.

Harlands will pass to CRS and itll go from there, but even so... This wont stand up if it is scrutinised properly.

Link to post
Share on other sites

Sorry for the delay in reply! Thank you all for your advice, it has calmed me down!

 

The £34.99 was taken from my account, so I believe my next step is to contact my bank and ask for it to be refunded as it was unauthorised?

Link to post
Share on other sites

Hi KJM,

 

Did Harlands take the DD on 14th Aug and was it for £9.99 plus their £25 admin fee.

 

Is the next DD due around 5th September.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi KJM,

 

If you DO want to remain a member of the gym, let us know. We can draft a different letter.

 

If you DON'T want to remain a member, you could now write to Harlands as follows :-

 

Dear sir or madam,

 

Membership at Xercise4Less, XXXX [town or city]

 

My DD payable on 5th August was not paid by my bank and you then applied for the £9.99 payment again, plus a £25 admin fee.

 

The admin fee on top would leave me in financial difficulty and I have therefore had the full payment refunded by my bank under the DD Guarantee Scheme.

 

Your admin fee is an unlawful and unenforceable penalty and your attempt to charge this is unfair to me, despite membership T&C's including provision for such charges.

 

Accordingly, I consider the membership agreement to be unfair and withdraw from it with immediate effect. The DD mandate will be cancelled with my bank.

 

If you make further demands of me, I will make formal complaints to Trading Standards and to The CMA.

 

Yours faithfully,

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi all,

 

Just had this email through today and wondering how to respond?

 

We thank you for your email,

 

One of the terms of this agreement, which you have agreed to be bound by, is that "If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or if any cheque is returned unpaid or if any other form of payment is not honored for whatever reason, you shall pay us on demand an administration fee of £25."

 

£25 is the amount deemed by our directors as representative of our costs in dealing with the administration involved with a missed or returned payment. When we submit for a payment by Direct Debit which is then returned, we are also charged by the bank. The charge also covers the costs we incur to reapply for the payment out of your regular payment dates and sending letters.

 

The administration charge cannot be removed as it has been applied correctly as per the terms and conditions of your membership.

 

Should you wish to cancel your membership you would need to discuss this directly with Xercise 4 Less as simply requestintg the money back and cancelling your Direct Debit does not cancel your membership.

 

Please note we will continue to chase for outstanding payments and the money that you have claimed back unless we have direct information from Xercise 4 Less to not chase this.

 

As you have below stated you understood the charge would be applied under the Terms and Conditions then this has been applied correctly and our charges are under the guidelines of the Financial Conduct Authority, this makes the charges lawful and enforcable, should you have felt these were unfair you should not have signed up to the facilities.

 

For all Enquiries Call Harlands : 01444 449166 () Quote Reference : 32878272 /

 

Office hours: Monday to Friday, 9am - 5pm

 

Yours sincerely,

 

Casey for Harlands

Link to post
Share on other sites

Hi Kjm,

 

Their comments saying, " ........our charges are under the guideleines of the FCA, ........ " are utter tosh in my opinion.

 

I see no reason to reply to Harlands as you've already said all you need in your last letter.

 

Let us know what they send next.

 

When Harlands/CRS next contact you, I may consider a letter to the gym, as well as complaints to Trading Standards and The CMA. The gym should be made aware that the reason you have cancelled is the unfair manner in which Harlands have treated you.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

yep utter tosh

 

 

even the FCA call them a penalty regardless of its level

and thus they are unlawful.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes, don't even dignify their letter with a response.

 

Let them add all the admin fees they want - they won't be paid !!

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Every time they add their charges, email me, I'll collate them for you... Contact the CMA and lodge a formal complaint with them.

http://www.which.co.uk/consumer-rights/problem/i-think-theres-an-unfair-term-in-my-contract-what-can-i-do-

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 3 weeks later...

Hi everyone,

 

Apologies I haven't been on in quite a while!

 

I received a letter this morning:

 

... 'A payment of 34.99 has been issued to your bank for an indemnity claim made by yourself. As explained previously, this payment was due and as such, in line with the terms of your agreement we have applied a 25.00 administration charge meaning that you need to pay 59.99 to clear your arrears.

 

Please contact us etc. ...

 

Failure to pay this sum by 23 SEP 15 and reinstate your direct debit instruction for your ongoing contractual instalments will result in further charges.'

 

Also, I have been receiving texts from 'xercise4les' with rejoining offers, which would suggest I am now no longer a member.

 

Am I just to continue ignoring?

Link to post
Share on other sites

Whether it's from Harlands, CRS or anyone, ignore it for now,

 

Replying to them would be a waste of time and paper.

 

Keep us posted.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 1 month later...

Hi everyone

 

Since last post I reviewed another letter from Harlands, same as usual demanding payment. This stood at £164.91, £94.98 of which is arrears and the rest I'm not sure what it's made up of. This letter said to contact by the 7th of October but I ignored it.

 

I today relieved a letter dated 27th October, from CRS. They've added £66.50 so now say I owe £231.41. This appears to be a standard letter from Rob Avery giving me 3 options, and says they'll cease further letters for 7 days.

 

Am I to continue ignoring? I refuse to pay it.

 

Also, been receiving a few suspicious texts which I have kept, the lastest from 'X4L' saying my account has now gone into default and to phone a number. Obviously I'm ignoring this too, but is it normal procedure to send confusing texts from numerous senders?

 

Thanks all:)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...