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    • In addition to dealing with the individual problems that this person is creating for you, you obviously need to deal with it holistically because there is a problem of identity fraud which may well continue and will certainly affect you and your family throughout your lives. Nobody should underestimate the seriousness of this kind of thing. Although people will commonly apply the label of "identity theft", what you are actually dealing with here is "identity fraud" and it is well understood in academic circles. The police were quite wrong to say that there was nothing they could do. I'm afraid that this reflects under-resourcing coupled with poor staff development and a poor attitude. There are offences being committed here and the girl herself is committing fraud contrary to sections 1(2a), & 2 of the Fraud Act 2006  https://www.legislation.gov.uk/ukpga/2006/35/contents   Of course the police will find it very difficult to do anything and given their resources, I suppose they have other priorities. However, you could be certain that if your family was related to the head of the local police force, they would be dealing with it PDQ. You say that this has been going on for a number of years – but you don't say how long. Maybe you had better give us a detailed account of what has happened. Please set out in a bullet pointed chronology so that we don't have too much narrative but a good structured idea of what has happened. This should include a list of the problems which have occurred and how they have been dealt with and also complaints which you have attempted to make. You definitely need to start taking this very seriously. How old is your daughter? In terms of opening mail, you should open every letter that comes to you and if you find that it is associated with this fraud, then you should photocopy it/scan it into a computer and start building up a file. I hope you have kept some of the correspondence and other documents which you might have received. Please let us know what you have. You are definitely going to have to start accumulating a robust file of evidence and I suggest that the first thing you do is you start sending SARs out to all of the organisations which have been involved and see if you can tease out of them any personal data that they might have which is apparently linked to you. Either they will provide you with a statutory disclosure – or, of course, it will be amusing if they say that they are more proof of your identity and that they won't let you have the disclosure because they are not satisfied that the data they have relates to you. I don't think you're in a position to make any serious complaint until you have put together a convincing file of evidence which shows that there is systematic identity fraud. We will help you to start to do this and help you to structure the file that you will put together and then we can begin to explore avenues to make a complaint. It also occurs to me that they could be a basis here for making a complaint under the Protection from Harassment Act 1997 although this would be an unusual application of the act – but we can have a look when you put together your file.  
    • Correct.  If the breach of statutory duty continues then you issue another claim.  The distress you are claiming for is only the the distress you experienced up to the issue of the first claim.  
    • Thank you all for your help. Is there any way to find out what (if any) debt I owe?
    • Just quick one before I ship the letter this morning. Do I need to add parkingeye's reference number to the letter?   Thanks
    • The move to delist non-compliant companies coincides with a wider push to ramp up pressure on China. View the full article
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Sorry but another exercise 4 less thread


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Hi John,

 

No !! I would simply ignore the latest from Harlands/CRS, safe in the knowledge that they'll do nothing scary at all.

 

The truth is, they are powerless !!

 

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  • 2 weeks later...

Update

 

Well I keep posting on Facebook and there seems to be a lot of people in the same boat!

 

They have removed some of my posts ! so I still continue to post on Facebook that they should take responsibility... I don't think it will be long before I'm blocked by them..

 

Regards john

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Hi John,

 

I assume it's X4Less that are removing posts as I can't believe FB would be concerned in that way.

 

There's always Twitter to use as well.

 

Or, if you're bored keeping up the posting, give it a rest for a while .............. then post on FB again if Zinc or Spratts start to bother you.

 

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Hi slick

Yeah deffo x4l removing the posts. I've never posted anything contravening Facebook rules, or had any contact from Facebook suggesting my post as been removed.. They seem to remove a lot.

 

Thanks for your input slick will update when there is any further contact. Regards john.

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  • 2 weeks later...

Hi all,

 

So I have had a letter from CRS today which goes as follows-

 

We've been employed by xercise 4 less as your membership remains in arrears despite previous letters being sent to you.

 

As a result of this , our fees totalling £ 66.50 have been added. Therefore, your account balance now stands at £ 171.47.

 

WE WANT TO REACH AN AMICABLE RESOLUTION WITH YOU

 

In order that we can do this, please ring our non-premium rate number-01444 449165.

 

WHAT ARE YOUR OPTIONS!

 

1. you want to continue your membership- the club want nothing more than for you to get full benefits of your memberships. Providing you can pay your arrears and set up a new direct debit with us for your future payments, then they're happy to welcome you back in.

 

you may be also entitled to a discount if you are able to settle your account balance in one payment.

 

2. You believe you've canclled your membership-We understand that numerous reasons why people stop going. We'll listen to you reasons and do everything we can to resolve your account in line with the terms of your membership.

 

3. You're experiencing financial difficulties-we know times can be tough and therefore have a variety of possible soloutions to assist you, including monthly payments plans that you can afford and recommending independent organisations that may be able to assist you in severe circumstances

 

we'll cease further letters for 7 days, so please call us on 01444 449165 before then.

 

do you think i should reply to this letter

 

thanks all john....

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Hi John,

 

CRS haven't been employed by Harlands at all - they are one and the same !!

 

Most of what they say in the letter is rubbish and does not warrant any response from you.

 

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Hi all

 

so today I had a text message from crs asking me to contact them as they sent me the letter a week ago and need to discuss it with me.

 

is it best not to reply to this?

 

I find it it a bit cheeky because they have obviously been in touch with exercise 4 less for my number but yet they don't seem to talk to each other in any other circumstances...

 

regards john...

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Hi John,

 

Ignore this completely.

 

CRS will have got your number from the DD set up with Harlands. Bear in mind that Harlands and CRS are one and the same.

 

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  • 2 weeks later...

So today I have received this letter from crs

 

 

Following our initial letter , we are disapointed that your account with xercise 4 less is still in arrears and our fee has not been paid.

 

We would still like to reach an amicable resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are:

 

1. LEGAL ACTION

 

We believe you are in breach of a legally binding contract with Xercise 4 less because you have not paid your membership and our fees. We may pursue a claim under contract through the courts. If we do so the following process would apply:

 

1. We will right a formal letter explaining what we are demanding and give you a final opportunity to pay/reply;

2. If this failed to settle the matter we would issue proceedings against you in the county court;

3. You could then either :

a. make payment ,ending the legal process, or

b. dispute some , or all, of the amount was owed

4. If you dispute the amount that was owed the court process would continue , at the end of which the court would make a decision on our claim.

5. A strict court imposed timescale will apply in relation to the court process.

 

Were we to be successful in our claim, a county court judgment (cci) may be registered against you requiring you to make payment. You may also be liable for our costs of pursuing legal action and interest on the amount owed.

 

If you then fail to pay the amount covered in the cci e would take the next steps required to enforce the judgement . To do this we would have to make an application to court.

 

 

2. OUTSOURCE TO EXTERNAL AGENTS

 

 

Your account would be passed to another collection agency who will take further action to recover the monies owed.

 

you can avoid this happening if within the next 10 days you contact us on 01444 44165 to arrange payment with us.

 

 

 

 

 

 

Do you think i should reply to this letter??

 

thanks regards john

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Hi John,

 

Just more of the usual guff from Harlands/CRS.

 

Ignore for now and expect Zinc and/or Spratt Endicott to contact soon.

 

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  • 3 months later...

Hi all

 

Just an update! Zinc have tried contacting me through phone calls and by email I have ignored these, is that the best thing to do? I haven't even read the emails just I case they have asked for a read receipts do thisk this is the right way to do things?

 

Regards john

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Hi John,

 

Yes, I'd say there's no need to reply to Zinc at all.

 

Let us know if you hear from Spratt Endicott.

 

:-)

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We could do with some help from you

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                                            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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