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    • I understand that you may have suffered an injury and that you have memory problems. Obviously is not a good situation. However, you have to engage with this thread closely if you want to make headway. It is difficult for us to take an interest and then find that there is no contact for two months and then we have to start again refreshing our memories and being enthusiastic about supporting you. If your lack of contact is because of a memory problem then I think that you probably should make a note on a Post-it or something and put it in a prominent place so that you can remember to get back to us. It is very important for you – because you can be certain that the one people won't forget are Vodafone and eventually their debt collectors who will start to put pressure on you and start to make your life very uncomfortable indeed. I see that back in January I advise you to send Vodafone an SAR. Have you done this? It is an essential step. Also, as a matter of interest are you still with Vodafone? I'm afraid Vodafone are a very troublesome company. They are very inefficient – the only thing they seem to be really good about is about debt collection. There are extremely poor at dealing with problems when things go wrong. The one company we haven't had any complaints about so far is GifFGaff and they offer month by month no contract Sim cards. In effect they sent Sim cards out like confetti and no contract is ever started until the Sim card is actually activated in a telephone. This means that there can be no mistake and no commitment until you have actually made the choice to open your phone, put the card in and then to switch on the service. Even then, you are only bound for a month and then another month and then another month and another month – but you choose. As I say, we've had no complaints here. Have you sent Vodafone the SAR?
    • Dear New Tenant   L C S !st Floor West Wing Town Center House The MerrionCentre Woodhouse Lane Leeds LS2 8LY   02/03/2021   Our Case Ref xxxx Re Our Client E.On   Outstanding balance: £37.xx   FINAL NOTICE   We have been instructed to act on behalf of the above named client to recover the sum of the outstanding of £37.xx for dual fuel consumed at X Whatever Road, Sometown , Anyplace. Despite our previous communications and offer of help we have not received payment or valid reason for non payment for the outstanding balance.   Until you have cleared the outstanding balance, your details may continue to be shared with a credit reference agency.  Other lenders may see information about the way you pay our client and the amount you owe them which could affect your ability to obtain future credit.   In order to prevent any further action and potential inconvenience, we would urge you to pay the full sum immediately or alternatively contact our office on 03445439130 quoting Ref xxxx to discuss your options. Alternatively please email us at [email protected] quoting your reference.   Yours sincerely   Rebecca Carter For and on behalf of LCS   I suspect this is the kind of letter they send when they know they are stuffed?    
    • It already allows visitors to spend their quarantine on a golf course in an effort to boost tourism. View the full article
    • I’ve been getting debit collection letters from a number of diffrent companies but I don’t recognise any of them. So I signed up to one of the credit rating agencies to find out who I owed money to. But that didn’t help. It just lists the debit collection company and the amounts they say I owe them. The amounts are staggering. now I was caught out once before by a debit collection agency saying I owed money but not who to and I just paid it. It wasn’t till after this that I found out that some agencies just send letters demanding payment for a nonexistent debit. On my credit report it says I owe money to the debit collection agent but there are no records of any original debit. no unpaid loans or credit cards.  so what do I do? I had a serious brain injury so I have memory problems and some untreatable mental illness. Thanks for taking the time to read this.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      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
  • Recommended Topics

Xercise4less - cancellation after the initial term - admin fees


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Good morning,

 

I originally joined xercise4less in January 14 after a phone call from a sales person. I was reluctant but they talked me round by offering two months for free & £9.99 a month there after. Even though the gym was 18 miles from my home I niaevely agreed to become a member.

 

I didn't/haven't used the facilities once & in February I emailed the operations manager asking to cancel my membership but received no reply. I left it until April and sent another request to cancel via but again didn't get a response. In September I noticed they were still taking the amount so I cancelled by direct debit.

 

Now I am receiving threatening letters saying I owe £69:98 with x2 £25 'admin' charges and the threat of court.

 

I've rang xercise4less but been told the manager isn't available - I've emailed the operations manager again and haven't gotten a response (I see a pattern here) however when I messaged them publicly on Twitter they responded (funny that!) but in their DM they have simply said "Sorry however unfortunately you cannot cancel your membership via email unless you have this agreed by the operations manager - do you have this indicated in your emails"

 

I replied stating that I hadn't received a reply and asked how they could resolve the matter but they have not responded.

 

I'm not sure why an email won't suffice when the only contract I've received was via email and I haven't signed anything from them. In fact the only letters I have received were from Harlands threatening me and charging me x2 £25.

 

Do you have any advice for me - I can't have a CCJ against me because of my employment.

 

They have no responded saying that "unfortunately in this instance you will need to pay the cancellations charges - what is your contact number so a member of the membership team can contact you?" I feel this is completely unfair - howe should I respond.

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woe slow down

 

 

if you search here you'll find that's exactly the way they operate

in that they never ack your cancellation.

 

 

 

 

you cancelled end of tough luck on them.

 

 

shame they got all that money out of you for doing nothing.

 

 

now they want more HAHAHA.

 

 

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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It's a joke isn't it? I've offered to pay September and October membership fees of £9.99 if they will cancel my membership and consider the matter resolved. I'll let you know what they say.

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Yes you are going to have to to see if you can work something out to release you from that contract

 

Were you over 18 when you took out the contract as you mention being a student?

 

They will hit you with a CCJ for the entire contract length. With Gym membershp that is normally 24 months

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Gyms don't do ccj anymore they lost the last one

Wait for slick132 to advise before you do anything more

 

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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Hi Jk and welcome to CAG

 

Yes you are going to have to to see if you can work something out to release you from that contract

 

Were you over 18 when you took out the contract as you mention being a student?

 

They will hit you with a CCJ for the entire contract length. With Gym membershp that is normally 24 months

 

I suggest you ignore OD's opinion above as it's fundamentally wrong.

 

I suspect your initial agreement was for 12 months as that's the usual term with £9.99 monthly fees at X4Less. If the agrement was for 24 month's it would be unenforceable following the case of The OFT v AMSL in 2011.

 

The chance of any CCJ arising from this is absolutely minimal. Despite what Harlands/CRS threaten in their demands, they avoid court action because they know they don't have solid grounds to litigate.

 

In your 1st post, you say you emailed the gym in February. Please confirm you mean Feb 2015.

 

The gym is wrong to say you can't cancel by email. They can't refuse a cancellation because you didn't use their normal form.

 

Depending on what you tell us, one option may be for you to seek a refund of all DD's paid after you emailed to cancel (plus one month). This can be done using the DD Guarantee Scheme via your bank and several CAGgers have done this in the past.

 

1. Do you still have a copy of the email sent to the Ops Mgr.

 

2. What date was the email sent.

 

3. On what date did you pay your 12th gym fee.

 

:-)

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Ah gutted, I wish I had waited for your reply but unfortunately I buckled and called them & paid £39.98 X2 monthly fees of £9.99 and a £20 admin charge with the assurance that that was the matter resolved. I guess I just didn't want it hanging over my head.

 

In answer to your questions;

 

Yes it was 12/02/15 that the email was sent, I have kept copies & my 12 monthly payment was on 15/03/15! I also emailed again on 09/04/15.

 

kicking myself now, feel as though they've won.

 

I will contact my bank regarding DD scheme.

Edited by jknemma
Didn't read full response as reading via phone
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Yes, it is a real shame you were unable to wait for slick to respond as you were provided with very bad advice by OD :(

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Let us look at this objectively before any more character assanations

 

The judge concluded that a contract was unfair if it ran for longer than 12 months and did not allow the consumer to cancel with 30 days' notice and a moderate penalty

 

1. A Gym can have a contract of more than 12 months but must have a cancelation clause after the first 12 months, normally a months notice

2. In this case it is a 12 months contract

3. The op started the Gym in January 2015 under contract

4. That contract will end January 2016

5. You cannot cancel the agreement in the first 12 months as you are under contract (CCA 1974) unless a medical issue etc presents itself without penalty (Cancellation charges)

6. The notion they cannot enforce that agreement within the first 12 months of contract with a CCJ is nonsense

Edited by obiter dictum
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Then yes you can cancel without penalty

 

The problem that you have is that you received no official notice of that cancellation request from xerciseforless or the finance company. (Did you)

 

If you have proof via an email or recorded delivery of your request to cancel then you will be fine.

 

Without that they will simply carry on with your contract as normal, or simply roll over your contract at the end of the contractual term until cancelled in writing.

The same as a mobile phone contract

 

The onus would have been on you to confirm cancellation if you never received confirmation back

 

At the moment you are still liable for those cancellation charges unless you can prove to the contrary

 

The moral of the story is always have a paper trail you can refer back to

 

I would think you will be able to claim back those Harlands 2 x £25.00 letter charges. You will need to check that in the agreement you signed if an outside collection agency can levy such charges

Edited by obiter dictum
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@ Obiter Dictum - We have been dealing with Harlands for many years and know how they operate.

 

You haven't helped Jk at all and have, in fact, led to them paying money to Harlands that is simply not due.

 

Please leave us to deal with these cases, based on our experience and knowledge.

We could do with some help from you

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@ JK

 

Contact your bank immediately and tell them you made the payment referred to in post #10 under duress and you require it to be refunded.

 

Let us know how this goes and we'll take it from there.

 

The copy email you sent to the gym will work in your favour.

 

:-)

We could do with some help from you

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

 

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