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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hello,I have been disputing with CRS for the most part of this year. My partner and I had a joint gym membership being paid for via my direct debit.

 

We had to move expectantly a fair distance away. It says on the membership it has to be at least 15 miles away from the gym to be able to cancel, which it definitely was over. We sent a letter (unfortunately not signed for but got proof of postage) to the gym, explained where we were and gave them proof of this. I didn't hear anything further and cancelled the DD.

 

Apparently Harlands had been sending letters to our old address. We had our mail redirected and received other post but nothing from Harlands. It wasn't until CRS called and sent a text that I stupidly called them to see what the problem was. They said about the membership was still ongoing and we owed a ridiculous amount of money for the membership plus their fees.

 

They said to email in proof of moving, which I did and never got a response. I also asked that they contact me by email, which they haven't adhered to. I eventually posted it to them.

 

They then said they had cancelled the membership from the date they received the proof but are still chasing £360+. I sent them proof of postage to say the gym had been sent the info, the gym are denying they have received it (or so CRS says) and then decided the method of postage wasn't appropriate.

 

I have since moved again and they don't have my new address. I am already inundated with calls and texts so the last thing I want is further letters. I am worried though because I am taking the landlord of my old property address (the one CRS has) to court as he failed to put my deposit in a TDS or pay back my deposit. I'm not sure if CRS does take me to court that it will affect the money judgement in my current proceedings with my previous landlord? As if they do award CRS then will it be offset from the money judgement I get from my own court proceedings? I'm getting worried and can't just bump them off due to the proceedings still tying me to the property!

 

Sorry this is so long!

Edited by kingsleyfreeman
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Hi KF and welcome to CAG

 

First and foremost, this will NOT go to court so your fears are unfounded. Even if it did (which it won't), it would not affect any other court case

 

Have you read other threads here about the lovely Harlands. There are plenty to choose from !!

 

What you will see repeatedly is that they just go on, and on, and on, with their incessant demands. So there comes a time to either ignore them, or to take direct action against them if you have a decent case.

 

You should keep a log of all contact attempts from Harlands/CRS, in case a harassment complaint is made.

 

You should also tell Harlands your new address so you can keep tabs on what they're up to. If they work out you're not at the address, they could use it to get an easy uncontested CCJ.

 

You should also tell them to cease all msgs and/or calls, and keep contact in writing. They'll never accept anything you say, but you need to say it anyway.

 

If you want help with the letter, just shout.

 

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Here's the letter telling them not to harass you via phone, not that they listen, so keep a diary of events regarding their contact with a view of reporting them to the police for the criminal offence of harassment....

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**%282-Viewing%29-nbsp

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!

 

 

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Hello Slick and BB,

 

Thanks very much for your quick replies. I have seen A LOT on this forum regarding them with lots of useful info, I was just worried about anything affecting my current court proceedings. I feel I can now breathe a sigh of relief!

 

Out of interest, has anyone said when/ if they stop?

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Out of interest, has anyone said when/ if they stop?

 

They usually stop when they realise that not everyone's as gullible as them, and that they are talking to a brick wall as their puerile missives aren't working!

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!

 

 

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Hi again and please see the PM I've sent you.

 

Yes, Harlands behave atrociously but it's NOT all doom and gloom.

 

See here about complaining to The CMA and to your local and Harlands local Trading Standards offices - http://www.consumeractiongroup.co.uk/forum/showthread.php?452455-Exercise4Less-Harlands&p=4822215&viewfull=1#post4822215

 

It's about time we got everyone being harassed by Harlands to make complaints. If enough folk do this, it cannot be ignored.

 

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Hello, this is the letter I have created based on the templates:

 

Dear Sir or Madam

 

Account No/Reference No: XXXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further communication from your company to be made in writing only. Please note my new contact address on this letter. It is my legal right to communicate in writing under Article 8 of the European Convention on Human Rights and prevents any misunderstanding.

 

I am also of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and the the Financial Conduct Authority, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

 

I have provided proof that I ended the membership in a reasonable manner and now consider the matter closed.

 

 

Let me know what you think!

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Yes that'll do, send 2nd class and obtain 'proof of posting' which is free from the PO counter.

 

You don't want them thinking that their missives warrant any urgency by sending a response first class.

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!

 

 

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I wouldn't waste good money on RM Signed For delivery with Harlands. The free Cert from the PO is adequate proof.

 

Proof of Postage is NOT what got you into this trouble - it was caused by the gym failing to process the cancellation !!

 

What gym is this about anyway ?

 

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It's Inspire Fitness.

 

I haven't heard a lot of bad things about them but I think I know what's happened - the gym is in a hotel so I put the gym's name and the hotel name on the address, so I reckon it's gone to the hotel and not been passed onto the gym.

 

But the point is I have provided proof of cancelling the membership and they refuse to acknowledge that a mistake has been made!

 

It's difficult to cancel anyway - after this event I have looked over the membership agreement and the terms for it are awful. If we were still in the same area and either of us didn't have time to use the gym anymore or didn't like it anymore we would have been tied to it still!

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Hi KF,

 

If you addressed the letter to the gym at the address of the hotel, then I don't think you've done anything wrong.

 

Let us know when you hear more from Harlands/CRS.

 

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  • 1 month later...

Hey guys,Just a quick update - I haven't had any further letters from CRS (yet), but they have tried calling me twice despite asking them not to in my letter, and they have sent texts. I will let you know if they follow with a letter!:)

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Forward the text messages to 7226 (SPAM on you handset keypad) This then goes to the malicious calls dept of whoever your network provider is, with a view of fining the companies spamming the networks with their idle messages.

 

Ensure you log their texts and calls in the diary for future reference should you wish to sue them for harassment.

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!

 

 

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No worries, this year caggers should lodge formal complaints to Ofcom regarding the misuse of their communications network and the constant harassment meted out by these powerless fools.

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!

 

 

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Hi KF,

 

Continue to ignore the comm'ns from Harlands/CRS but keep us updated.

 

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We could do with some help from you

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  • 4 months later...

So long time no see!

 

Thought I would update you all.

 

So, had absolutely nothing from CRS even after giving them my new address but recently I got a text from a solicitor's firm Spratt Endicott (they are real as I checked on Law Society) asking me to ring them. I know it's in regards to CRS as the reference they have for me is GYMXXXXX. What should I do now?

 

Thanks!

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Hi KF,

 

Spratt Endicott are Harlands/CRS current pet solicitor. They are nothing to worry about based on our experiences here.

 

I would certainly NOT respond to any text msg but let us know if they write to you at all.

 

Would you know if Harlands/CRS, Zinc or Spratts had written to the old address or do you no longer have access to it ?

 

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Forward the text message to 7726 (spam) on your handset keypad.

 

Your network provider will forward it to the ICO, who in turn log them, and take them to task when they hit a target number.

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!

 

 

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Hey Slick,

 

I've learnt my lesson with this mess and haven't replied to their text, no letters have come through yet.

 

Unfortunately I don't have access to the other address to see if they have, but I've sent a letter by recorded delivery to CRS advising of my new address so they have no excuse for sending to the wrong place!

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