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    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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Zinc/CRS/Harlands


MahoneyUK
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Hello, just stopping by to bring you yet another issue with the infamous Harlands/CRS/Zinc triad.

 

me and my girlfriend joined the gym back in 09/14.

I went for about a month (typical) and then decided I did not want to go anymore, I cancelled my direct debit.

 

 

I have very recently sorted it out and gave Zinc an offer for what I owed exactly (11 x £9.99 payments),

did not take the offers they were giving me of course as these included 'charges' which obviously I am not liable to pay in any way.

They accepted this with no issues and as far as I am aware my side of things is sorted.

 

 

My girlfriend's situation isn't as simple.

She had sent them an almost identical e-mail as me (only things different were the number of months owed and hence, the settlement offer.)

She received a response saying that they would accept the offer,

however they would refer the remainder back to Harlands (i.e. themselves, as we all know they are in the same office, doh) to decide on.

My problem is that I don't know where that leaves my girlfriend.

 

 

Does this mean that they are technically still trying to incur extra charges on her that she isn't legally liable to pay?

Should we take that as a termination of agreement?

Should we tell them we are going to wait for Harland's verdict before any payment is made?

 

 

I would know what to do usually but the way they have worded their response seems a bit crafty in an attempt to strike fear and guilt.

 

 

I will provide the e-mails below for context.

Any advise would be appreciated!

 

Dear .....

 

Thank you for your email 18th August.

 

I understand that you are querying this amount from our client

and I can confirm that this balance is a result of the gym membership

that you signed up to with Xercise 4 Less Bristol for £9.99 a month.

 

In order to resolve the matter, we can offer you a settlement of £147.32 which can be paid in 3 monthly instalments.

Once payment has been made, we will close the account and return it to our client

 

If the settlement amount is not affordable, we would be happy to set up an affordable repayment plan on the full outstanding balance of £196.42.

 

Please contact us on the details below at your earliest convenience, so we can discuss the best way forward for you.

 

If we do not hear from you within 7 days, your account will fall back into the collections process and may run the risk of being returned to our client.

 

Kind regards

 

 

..............

 

Dear Holly,

 

Please see e-mail dated 20th Aug 2015 below for reference. This reply is further to said e-mail.

 

I regret I will have to decline your settlement offer.

The reason for this is because my agreement with Harlands is for a minimum term of 12 monthly payments of £9.99.

According to my records, I have currently paid 4 of these monthly payments and therefore have 8 more to pay,

equating to a total of £79.92.

 

 

This is of course different to the balance you claim is £196.42, and is also different to the settlement amount you have offered me for £147.32.

Therefore, I am currently only willing to settle with the amount equal to what I rightfully owe your client, Harlands, which is indeed £79.92.

 

 

I am more than happy to pay the full settlement of £79.92 immediately as I am in a position to do so at this moment in time.

I must add that if any further requests from yourselves or Harlands are directed at me to pay any more than the amount rightfully owed,

this will be regarded by myself as an attempt to incur penalty charges.

 

 

This would be an unlawful action on your/your client's part, and by continuing to request such penalties which are not enforceable by law,

it would therefore mean that I would have to consider my agreement with Harlands as terminated on this basis.

 

I look forward to your response.

 

Sincerely,

 

......

 

Good afternoon

 

Thank you for your email, the contents of which have been noted.

 

I would be happy to accept your payment of the undisputed balance of £79.92.

I need to make you aware that the remaining balance of £116.50 will be returned to our client

advising them of your dispute as they may wish to pursue the matter further.

 

If you are happy to continue on this basis, please confirm that the payment of £79.92 is an affordable amount

and you are up to date with priority bills such as rent / mortgage / council tax and utilities.

 

Please contact us on *** or 01789 273149 as soon as it is convenient, so that we can set up your repayment plan.

 

If we do not hear from you within 7 days, your account will fall back into the collections process and may run the risk of being returned to our client.

 

We look forward to hearing from you soon.

 

Kind regards

 

......

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why are you paying ALL the outstanding months?

 

 

simple cancel the memberships and you will only owe 'until that month'

as per their T&C's?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

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

and they

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

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

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I suggest you read a few threads in this forum.

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

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

and they

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

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

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Just because you get a scary letter does not mean that you have to pay it

 

Why oh why are you paying a debt collector

 

Any money if any should go direct to the gym

 

The debt collector has brought this non existent debt for a few £'s and made a packet

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi Mahoney and welcome to CAG

 

Deal briefly with your case, you signed up to a 12 month agreement and gave no acceptable grounds for cancelling, namely, illness or injury; moving home or place of work; redundancy. That's why paying the 12 month's fees but no admin fees was a plausible option to avoid months of harassment from Harlands/CRS, Zinc, etc. However, I would have tried to pay the gym direct, as suggested by others.

 

Turning to your GF's case, if the email exchanges were with Zinc, reply saying :-

 

I refer to your email of xxdate.

 

I am not willing to pay £79.92 to Zinc, only to have Harlands still harass me for unlawful and unenforceable penalty fees.

 

Return the matter to Harlands if you wish.

 

Then you can deal with Harlands and offer them £79.92, but no admin fees on top.

 

If they refuse, write back confirming their attempts to charge unlawful penalties are unacceptable and you hold them in breach of contract. Accordingly, you will not deal with them further.

 

:-)

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  • 4 weeks later...

Client name: Xercise 4 Less

Outstanding balance: £196.42

 

 

 

Good afternoon ...,

 

 

 

Thank you for your email.

 

 

 

As we are unable to resolve this matter for you, I need to advise that we have now closed your account with Zinc and returned to our clients.

 

 

 

Please contact Xercise 4 Less directly for any further queries. We will advise them of your dispute as they may wish to pursue the matter further.

 

 

 

Kind regards

....

 

So do we wait for X4L to make the first move or should we initiate it?

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Hi Mahoney,

 

CRS will probably contact you when Zinc report back to them.

 

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 !:-)

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