Jump to content


  • Tweets

  • Posts

    • Thanks very much Bank. I have topped and tailed my LOC and printed off a copy which I shall post tomorrow by First Class post at my local post office and also obtain a proof of postage. I'll also email them a copy. I've opened a MoneyClaim account, and shall now begin work on my draft Particulars of Claim which I shall post here for your thoughts. And I shan't be using the Moderation service.
    • Yes, it struck me this morning that I'd got it wrong    - no involvement of UKPPO in any previous Tesco thread    - there would have been an entrance sign to a Tesco car park    - CCTV isn't something associated with Tesco car parks. Presumably whoever runs the car park has put CCTV at the electric, and probably BB, areas, done absolutely nothing to stop abuse, and then rubs their hands in glee every time the CCTV catches a motorist out. You can pay £60 and this will go away. Or you can defy UKPPO and rely on their non-respect of POFA, consideration period, etc., should they be daft enough to do court later down the line.  We would support you all the way.
    • thats not the way to do it sorry. sorry so what is your problem? that vanquis paid the £560 or that they are now chasing it? how old is this debt? dx  
    • If you visited Qatar you could be detained at the border, if the debt has been notified.  If you are only in transit and do not seek to cross border into Qatar you might be ok, but you may want to seek formal advice about this.
    • Howdy, I had a short lived credit card with Vanquis that I did not need. I paid it off in full and called them and closed it with the person at the other end. 2 months later they started sending me messages about late payments, I called them and to find out that the card had not been closed in error and 6 weeks after it should have been closed they paid a google debit of £560. I hit the roof and made a formal complaint that took them well over a month to respond to. They agreed they were at fault, refunded all late payments fees and offered me £100 in compensation. However they said the debit amount stood as 'I had benefit from it' and I should get a refund from google. I hit the roof again but they have stuck to their guns. The debit from google is a genuine one but I wanted to dispute it with google so closed the card so they would have to engage with me. But surely that's neither here nor there surely? What is the next step? Ombudsman takes forever doesn't it?  thanks in advance
  • Recommended Topics

  • 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 
        • 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
  • Recommended Topics

Rush Fitness/Harlands overcharging. In breech of Direct Debit??


NM18
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3069 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!

 

I'm hoping someone can give me some advice.

 

I joined Rush Fitness in Feb 2015. I signed a contract to pay £17.99 a month for a minimum of 1 month and could cancel at any time with 1 months notice. Rush Fitness DD is managed by the Harlands Group.

In Sept 2015 a payment of £29.99 was taken as direct debit from my account, I tried contacting Harlands but every time I tried they were either closed or wouldn't answer the phone.

 

I made contact with my bank who clawed the money back under the direct debit guarantee. I then received a letter from Harlands on 29th Sept which said:

 

"we have today received an indemnity claim from your bank to refund the sum of £29.99. Consequently we write to clarify the situation. As you should be aware, you have entered into a membership agreement with Rush Fitness. At no time did we or Rush Fitness receive notice to cancel your agreement. The agreement also states that such payments are non refundable. We therefore ask that you request your bank to withdraw its claim immediately.

Should you not withdraw the claim and rectify this breech of your agreement with 14 working days, you will incur a £25.00 administration charge and matter will be referred to a debt recovery company to pursue for the full amount and cost incurred.

If you would like to discuss this matter please contact the Harlands Helpline. We trust this letter receives your urgent attention."

 

 

I then responded via email with this:

"Dear Sir/Madam,

I am deeply disappointed and disgusted to read the content of your letter dated 29th September 2015, your reference XXXX.

I have been a member of Rush Fitness for a period of time and throughout this period I have ensured regular payments to the sum of £17.99/month as agreed in the terms of my contract.

 

However, I was shocked to find a sum of £29.99 had been deduced from my bank account instead of the £17.99 agreed. With reference to the contract and your statement "your direct debit payments are protected with a money back guarantee and you will receive 3 working days advance notice of any changes" - This holds you in breach of contract, as I have received no correspondence informing me of any increase in my membership fees.

Not being able to make contact with yourselves due to your restricted opening hours, I had spoken to my bank who further confirmed that you were in breach of the direct debit agreement and therefore had made contact with you to recover the payment taken. Which as your statement also states above is protected by a money back guarantee.

 

It appears my bank has recovered the full amount rather than the overcharged, I am happy to forward you £17.99 as per our agree in lieu of 1 months notice to terminate my membership as I no longer wish to be a member of Rush Fitness. My last day of membership will therefore be 23rd October 2015.

 

I trust you will give this email your urgent attention and hope to hear from you soon.

A disappointed customer,

XXXXXX"

 

They didn't respond so I sent them another to say - I would be grateful if you either promptly respond to my email or discuss my account with my father, who may be available to call you on my behalf. They responded to that no problem and there was an email trail so they've read the first.

 

My father then spoke with them and they were unhelpful and basically dismissed what he said saying I have to pay all of it.

 

Sorry this is so long!! Any advice on how to resolve this before it goes any further would be really helpful!

 

N x

Link to post
Share on other sites

Send the same letter recorded delivery to their head office, keep proof of postage and delivery and then just ignore anything that comes unless they decide to issue a N1 claim form

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Or simply ignore them

 

If you read a few threads here

You've al ready outlined your position clearly

 

If they don't want the £17.99

Tough on them

 

Await the silly letters from the no powers dca they pretend to be

 

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 NM and welcome to CAG

 

Please stay OFF the phone from now on. Neither you nor your father should speak to Harlands/CRS for any reason.

 

Keep exchanges in writing only but preferably by post, to avoid email ping-pong.

 

Do you have any idea why Harlands took £29.99 ?

 

:-)

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

Thanks for your replies!

So do you not think I have anything to worry about? Has anyone had problems when ignoring them or DCA?

The 14 days they're given me are not quite up so I will send a letter and keep proof of postage.

 

At the time I had no idea why they took the extra money. I then decided to call Rush fitness directly and they told me it was for upgrade works for the gym to buy new gym equipment and fix the changing rooms. I thought that was ridiculous! When I challenged them they stated it was in the terms and conditions but I've read them and nothing of the sort is written in them.

 

Either way I wasn't notified of a change and they're acting as if they have have the power take whatever sum of money they wish. That's why I've decided I no longer want to be a member.

Link to post
Share on other sites

Hi NM,

 

I assumed they made an admin error taking £29.99 instead of £17.99.

 

However that is unacceptable and you had every right to cancel the DD immediately, and seek a full refund.

 

Let us know when Harlands contact you further and we'll suggest how to respond.

 

In the meantime, do NOT talk to them by phone at all and, if they call you, hang up !!

 

:-)

Edited by slick132

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

as its not been said the parrot comes out

 

 

a DCA is NOT A BAIIFF

they have

NO SUCH LEGAL POWRS

 

 

never fall for their powerless threats

however carefully worded

 

 

or should that word be cleverly worded

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

  • 1 month later...

Hello,

 

Just thought I'd update since our last chat. I sent Harlands Group a letter along with my original email and letter attached stating that I would pay 1 final months fee £17.99, not the £29.99 they continue to insist I pay. I gave them a period of time to accept this payment otherwise I would withdraw my offer.

 

Of course they did not respond to my letters or emails. In October they then sent me the EXACT SAME letter as the original with the dates changed. I thought this was odd and have since ignored it.

 

I received a new letter from them today saying I have not tried to contact them within the period (REALLY?! -_-) and they are now charging me the admin fee in addition to the £29.99. As well as threatening to pass my details on to this debit collection company.

 

Should I continue to ignore?

 

Thanks N

Link to post
Share on other sites

Hi NM,

 

Yes, simply ignore them for now.

 

How ridiculous that you agreed to pay £17.99 pm in Feb but they increased it to £29.99.

 

If Harlands/CRS make any further demands, you have grounds to formally complain that they have acted in breach of the DD mandate.

 

:-)

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

Utter madness!

 

What clowns, they should be in a circus, lodge formal complaints to TS and the CMA regarding this shower, they need their licence removing.

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

Hi NM,

 

Yes, simply ignore them for now.

 

How ridiculous that you agreed to pay £17.99 pm in Feb but they increased it to £29.99.

 

If Harlands/CRS make any further demands, you have grounds to formally complain that they have acted in breach of the DD mandate.

 

:-)

 

Thanks for the advice Slick. It's been way past the 14 days so I assumed they'd just stop.

Link to post
Share on other sites

Utter madness!

 

What clowns, they should be in a circus, lodge formal complaints to TS and the CMA regarding this shower, they need their licence removing.

 

They've shown they're an absolute joke of a company. Making demands without wanted to respond and discuss things further.

I think I will go ahead and make a formal complaint. They can't get away with behaving like this.

Link to post
Share on other sites

Hi NM,

 

See here for a complaint letter for The CMA and TS. Adapt it to make it applicable to your circumstances.

 

I'd also send a copy to the TS dealing with Harlands address.

 

:-)

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...