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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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0161

Excercise 4 Less/ Harlands/ CRS **RESOLVED - Harlands told to back off**

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Hi

 

I’ve read a few posts on here but would really appreciate some advice please?

 

Around this time last year there was a fire in my apartment block and the whole thing burnt down.

 

Without going into too much detail, I lost everything, only recently getting some normality back.

 

At the time of it happening I dealt with all kinds of bills and redirecting mail etc.

The most insignificant thing was the Xercise4Less Gym membership.

 

I went into the gym, spoke to a girl on reception and explained that I had relocated miles away so need to cancel.

 

She told me not to worry and that my membership was cancelled, everything was sorted.

I never signed anything, was asked to pay anything or filled in a form she just took my details and it was as simple as that.

 

Obviously I the next place I went to was the bank to cancel the DD (amongst other things) and never heard anything

 

 

about 6 months ago when I started to get bombarded with calls from Harland’s/ CRS with requests for £80 fees

 

Eventually spoke to a manager at the E4L Leeds office and they said they would reduce it to £60 something.

Told them it was a joke and they’ve obviously been sending correspondence to a building site

and I have been incurring fees since.

 

I would have paid the £10 membership at the time if I was made aware– I even offered to pay the £10 there and then.

 

They couldn’t care less really and told me that I’d had an email with full terms and conditions so they weren’t willing to accept any responsibility. The argument continued until I eventually hung up on them.

 

Left it at that,

I haven’t heard anything until now when I received a text message from Spratt Endicott

which seems to be their new solicitor?

 

What would be the best course of action here?

 

All they have is my phone number and previous address but they haven't made any real effort to contact me

except for leaving automated voicemail and text messages.

 

Judging by the comments on here I feel it would be best to ignore the texts/ calls but don't want to land myself in hot water

 

Surely this just isn’t plausible?

 

Thanks

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all are powerless

you've offered the £9.99?

as many threads here advise?

if its been refused

tough luck on them


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Hi 0161 and welcome to CAG

 

I'd normally advise that you ignore the text from Spratt Endicott but you need to let them know your current address.

 

This may sound odd to you but it could save you the hassle of getting a CCJ against you that you know nothing about. If Spratts realise you're not responding to letters sent to the old address, they could use that address to issue a claim for gym fees, admin fees, court costs and interest. First you'd know about it could be when an unpaid CCJ shows up on your credit files, or you get demands at your current address after a DCA tracks you.

 

You could challenge the CCJ and maybe appeal but it's a lot of hassle that you can easily avoid. Giving them your new address means you can keep track of what Harlands, CRS, Zinc, Spratts are up to.

 

Once they have your new address, they can make all the demands they like and you can continue to ignore them if appropriate.

 

For this reason, I suggest a letter to Spratt Endicott as follows:-

 

Spratt Endicott

The Green

S Bar St

Banbury

OX16 9AB

 

Dear sir or madam,

 

I refer to a message received from you asking me to call you. This is about a gym membership with Xercise4Less at [town/city] gym.

 

Please note my new address is - [current address]

 

Please also note that I had to move home after my old home burned down last year. I explained this to Xercise4Less at the time and they accepted my cancellation without question.

 

I will not pay Harlands/CRS anything, nor will I pay you.

 

If you make any further demands, you will be reported to the SRA and other bodies as necessary.

 

Yours faithfully,

 

Send this by letter and get a free Certificate of Posting at the PO when you send it, so you have proof of postage.

 

:-)


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Thanks, very much appreciated, I'll send the letter and keep you posted.

 

what would you expect will be their next move?

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Hi 0161,

 

Not worth guessing. :wink:

 

Just let us know what their next contact is so we can suggest the appropriate response.

 

:-)


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Will do! Thanks Again

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Hello, its been a while!

 

I sent the letter and heard nothing since from Spratt Endicott however I have received a text this week whilst on holiday from Harlands...

 

Dear member, Harlands have now passed your account to a third party debt collector. To arrange a settlement figure please call us on 0113..

 

Not sure what to do next? Send Harlands a copy of the same letter?

 

Thanks again

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Ignore

A DCA Is not a bailiff


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi 0161,

 

If they were serious about taking action for this, they'd have started court proceedings already ..................

 

.............. except they don't do court, do they ??!!

 

Enjoy your hols and forget about Harlands, etc.

 

:-)


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Thanks again Slick/DX I'll keep you posted if there's any more movement.

 

Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

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Surely some authority must be checking these forums to see how these companies operate? For everyone that stands their ground there must be plenty of people that get fall for it?

 

After the OFT won their important case against Ashbourne Management Services Ltd in 2011, I spoke to the OFT on many occasions about various gyms and their admin companies. But, when the number of Harlands/CRS cases was higher than ever, the OFT was shut down and their responsibilities have NOT been taken on properly by Trading Standards and The CMA.

 

One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

I will contact The CMA again asking them to look at the number of cases involving Harlands/CRS and also David Lloyd gyms who insist on 3 months notice.

 

:-)


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One of the best things you can do is complain to X4Less on Twitter or Facebook asking why they continue to engage the services of Harlands who are self-serving and have no qualms about harassing gym members for many months.

 

done exactly on twitter (although I haven't used it for over a year) his and not even a reply haha :jaw:

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Well done and keep us posted.

 

:-)


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Hello again

 

Over a year later and I've now received a new letter in my new home, this time from CRS

 

They now state the balance is £207 with an added £36 for tracing me and have demanded payment within 7 days.

 

Your advice would be greatly appreciated

 

Kind Regards

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Hi 0161,

 

If Harlands/CRSs were remotely serious about taking any court action, they'd have started it a year ago.

 

They are just trying their desperate tactics again and should be ignored.

 

The good news is they've already found your new address so you don't have to notify them of it. The bad news (for Harlands/CRS) is that they'll can't charge you a penny for finding it !!

 

Keep us posted ........

 

:-)


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Hi Slick

 

Thanks for the quick reply!

 

The last time they chased me I was dealing with Spratt Endicott. This time it's CRS so wasn't sure if I should write to them inviting court action??

 

I tweeted Xcersize for less again yesterday and they've asked me to email them member.enquiries@xercise4less.co.uk

 

How would you approach this?

 

Cheers :)

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Hi 0161,

 

Yes, email X4Less saying :-

 

I think you should be embarrassed that you engage the services of Harlands/CRS who have such a bad reputation for harassing your members.

 

They add on ridiculous amounts in admin and collection fees and harass members like me for months and years. There are hundreds of similar cases currently active on the internet.

 

Are you happy to continue to allow Harlands/CRS to harass your gym members. If so, I will include you as co-defendant in any court action I take against Harlands/CRS..

 

I suggest you tell Harlands to leave me alone immediately.

 

Send this and let us know how/if they reply. You should also use Facebook and Twitter to embarrass X4Less online but do this politely - more effective !!

 

:-)


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Slick,

 

after reading your response I put together an account of what had happened and signed the email off with exactly the above.

 

After 2 year I can finally put an end to this!!

 

They've recalled the case, advised CRS to stop pursuing me for arrears and accepted the cancellation apologising for the inconvenience

 

Your help and advice is massively appreciated! So glad this is sorted, cannot thank you enough!

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Hi 0161 and I'm delighted the gym has told Harlands/CRS to leave you alone for good now !! :whoo::whoo::whoo:

 

I'll change your thread title to reflect your win. (having probs at the mo but will sort this asap)

 

If you can manage a Site Donation, it'll help us be here to support others being bullied by Harlands/CRS.

 

:-)


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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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Not a problem, more than happy to donate to keep this going.

 

Thanks again!

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Thanks 0161 - Much appreciated :thumb:


We could do with some help from you

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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 !:-)

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