Jump to content


  • Tweets

  • Posts

    • The NTK needs to be redacted, your VRN is still showing.
    • Hi, yes they swapped over after a brief period when the bank were sending something over.
    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
  • 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 
      • 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

Crs, harlands & xercise4less problems


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3137 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

Hello everyone,

 

This is quite a complicated case, but I need some advice on how to deal with it as I'm feeling a bit overwhelmed by it all.

 

 

 

1. Signed up to Xercise4Less Nottingham in September 2014. Was led to believe that I was joining on a rolling contract, and also was never given a copy of the contract or any paperwork for that matter

 

2. Went into the branch to freeze my membership for 6 months (free of charge as I am a student). My student ID was photocopied and they said that the freeze would then commence after a few days of processing or whatever.

 

3. Checked my direct debits in June to find that payments to Harlands (£9.99) had still been going through the whole time! Whilst my membership was supposed to be frozen!

 

4. Phoned and phoned to no avail, with most phone calls ending due to no-one even bothering to pick up the phone. Phoned the Leeds branch (their HQ I believe) and was told that I'd receive a call back in half an hour. They didn't call me back. I emailed the front desk and also submitted my story through their website's customer support page. Still no replies/ people saying they didn't know what to do.

 

5. Finally got through to someone (Olivia) who knew what was going on! She found my freeze application form in a drawer at the Nottingham branch. She informed me that it had simply never been processed because whoever was working on reception that day must have forgotten. It turned out that the receptionist then left the job that weekend, so my form was sat in a desk drawer for months without anyone knowing about it!

 

6. Persistently tried to contact Xercise4Less to get my money back but yet again found myself running down dead ends. Really poor customer service as per usual. I emailed Tim Slaven, a receptionist, and explained the situation and that I wanted my money back. This is his reply:

 

Hello Daniel,

 

I have chased this up for you and our head office have decided that it's best to freeze the membership but still allow access to the club.

The reason for this is that you are still in contract. When taking out this contract you agreed to paying Xercise4Less 12 payments. If Xercise4Less were to action this refund you will have had a 12 month contract for the price of 6. This would also cause a breach in the contract agreement.

 

I apologise for any inconvenience that may have resulted from your membership not being frozen.

 

 

Kind regards,

 

Tim Slaven

 

7. I replied to Tim, but he also then went dead on me and I was left with nowhere else to turn in terms of contacting people at the gym, so I turned to Barclays (my bank) and got an indemnity payment. Barclays took back my money and refunded it into my account. I thought that would be the end of it.

 

8. I received the notorious CRS - IMPORTANT - PLEASE CALL US... letter on 20th October 2015. They say that my account balance stands at £222.43. It was sent to my home address in London (perhaps my 2nd address on my Xercise4Less account)

 

They claim to have sent me previous letters but they must have been sent to my uni halls address (I am now a second year student living at a different address).

 

9. I've phoned CRS (a mistake, I know) and told them that I would not pay a "settlement fee, as a good will gesture". I missed a call from them this morning.

 

What do I do now?

 

Please help!

Link to post
Share on other sites

you simply now ignore them.

 

 

they are not bailiffs

 

 

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

see above [was wrong thread last post]

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 Dan and welcome to CAG

 

The answer here seems simple to me.

 

Work out how many DD's were taken by Harlands after the gym agreed to freeze your m/ship.

 

Contact your bank saying the Harlands DD's were taken without your knowledge or consent, so you require a refund under the DD Guarantee Scheme.

 

Once you have the money refunded by the bank, Harlands will contact you saying they want your money back or they'll take action. This is nonsense and there's little they can, or will, do about it.

 

You will then go back to Harlands saying you have no faith in the ability of the gym after they failed to process the freeze.to handle. And you also have no faith in Harlands ability to handle the admin for your m/ship as they are impossible to contact and a nightmare to deal with.

 

On reflection, when you went to move away for your Uni term, you should have given the gym a month's notice before you left, and cancelled on the basis of moving away from the gym. That would have been the most simple option.

 

Let us know when your bank has repaid the unfairly-taken DD's. And ignore any requests from Harlands/CRS that you contact them. They have no right to make such demands and you have no need to contact them at all for now.

 

:-)

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 Dan,

 

Sorry, I see now at item 7. above that you got a refund from the bank under the DDGS already.

 

Please confirm :-

 

1. The date you went in to freeze the m/ship and payments.

 

2. How many DD's were paid in total by you.

 

3. Of these, how many has the bank now refunded.

 

YD is quite right saying you should write to CRS (actually to Harlands). We can help with this once we have all the info we need to tell Harlands what has happened and why.

 

:-)

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

CRS are a cowboy organisation. Want proof? Visit their homepage, and halfway down, observe the following quote:

 

"The ethos of treating customers fairly is imbedded in our culture"

https://creditresourcesolutions.co.uk/

 

Imbedded, huh? With such a shaky grasp of the English language, it is a wonder anyone can be bothered to take them seriously.

Link to post
Share on other sites

Hey Slick,

 

I went in to freeze my membership on the 30th of January 2015.

 

I have made 9 DD payments, 5 of which have been refunded by Barclays.

 

Thanks ever so much,

 

Dan

Edited by slick132
Quote removed - bad format
Link to post
Share on other sites

See here about X4Less failing to process membership cancellations - http://www.consumeractiongroup.co.uk/forum/showthread.php?454761-Xercise4LessProblems-highlighted-on-WATCHDOG(4-Viewing)-nbsp

 

Seems they're no better at processing a m/ship freeze !!

 

When were the DD's refunded by your bank ?

 

Have Harlands/CRS written to you specifically mentioning the fact that you have had some DD's refunded under the DDGS ?

 

:-)

Edited by slick132
spelling !!

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 can't say I'm surprised

 

Barclays refunded me on August 3rd 2015.

 

Nope, CRS or Harlands didn't mention the refunded DDs in the letter they sent me.

 

Also, just something to add, received a text from CRS today saying: It is urgent that we speak to you today. Please call CRS...

 

I will ignore it, unless advised otherwise.

 

Once again, thanks Slick and everyone else who has contributed here :)

Link to post
Share on other sites

Hi Dan,

 

I would write to X4Less Head Office saying :-

 

Membership at Nottingham

 

I am both angry and unhappy because :-

 

1. I was not given the option to cancel the gym agreement when moving away to attend Uni.

 

2. The alternative option offered, to freeze the m/ship, turned into a complete farce with my freeze application left sitting unprocessed in someone's desk.

 

3. Harlands continued to take fees from my a/c when they should not have done.

 

4. I had terrible trouble contacting X4Less and, even when I did get a response (Tim Slaven), he went quiet on me.

 

5. I am being chased for payments and admin fees by Harlands/CRS who are a nightmare to deal with.

 

For these reasons, I have got a refund of the DD's paid after the freeze should have been processed from my bank.

 

I also have no faith in your ability to handle the m/ship properly and consider the agreement ended forthwith.

 

Also, send a copy of this to Harlands with a letter saying :-

 

I enclose a copy of my letter sent to X4Less, the contents of which are self-explanatory.

 

I do not expect to hear from Harlands/CRS again.

 

Get a free Certificate of Posting for each letter when you send them from a Post Office.

 

:-)

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...