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    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
    • but thats your system that does that not a fault of the DCA? they are quite allowed to try and contact you, and to name you and leave msgs regarding 'a debt'  how did they get your voicemail number? dx  
    • Oh he undoubtedly picked it very carefully - but farage is no carswell Hope all the canvesers there are pointing out farages many failings   1. Doesn't live there and implied (at least) he doesn't want to 2. Doesn't give a crap about clacton other than as a platform for his own aims and will do NOWT for them 3. Putin apologist - what do the 'nationalists' think of that? 4. Will be jogging off to promote the other putin apologist - Trump - at their expense 5. Hes an utter smeghead - just a few   Looks like Jenrick is still in with a chance too - how disappointing  
    • I wouldn't be surprised if Farage wins Clacton. I'm sure they chose the constituency very carefully. Whether he has any colleagues joining him at Westminster will be interesting. Apparently 30p Lee's seat is looking precarious in some of the polls.
    • Yep, in other great news - as well as Boris the liar and the MuPpet for 18th century Dickensian poor houses and hungry children, sunak is also very likely to lose his seat .. a little less likely in some polls, but same with the MP for 5th columnists and fake polls: 3p Lee Putin apologist and trump wave farage is apparently too close to call on a few polls .. which must be trolled/bot'ed - as surely even clactonites aren't that err misguided ..   ... sunak for one will undoubtedly be quite relieved ..  
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Xercise 4 less Harlands letter missed payment


Emz87
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Hiya, :)

 

I would really appreciate some advice on my specific situation.

 

I have been a member of x4less since may 2015 and have paid my membership by direct debit with no problems until my latest payment (may 2016)

I didn't leave enough money in my bank account and the direct debit bounced. My bad :(.

 

Yesterday I received a letter from Harlands saying they are going to take £9.99 (instalment amount) and £25.00 (admin fee) on 2nd June.

 

I have been reading through the forums and know that these admin fees are not enforceable.

What is the best way to go now?

I am thinking cancel the direct debit asap.

 

I also now want to cancel my membership.

Any advice on the best way to go about this would be appreciated.

 

Thank you

Emz87 :) :)

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cancel the DD

cancel the membership

then pay them the missing month

and one extra to cover your 30days notice

so 2*£9.99

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 Emz and welcome to CAG

 

I agree ! Cancel the DD mandate or Harlands will use it to take the missed fee plus their unlawful penalty fees.

 

Offer to pay Harlands the missed DD pay't and a final fee for a month's notice, but confirm you will NOT pay any of their admin fees. You could say :-

 

Dear sir or madam,

 

I refer to my membership at Xercise4Less in [town/city].

 

My DD payment due in May failed and I am willing to pay this now.

 

I will also pay you a month's notice. I want to cancel due to you trying to charge unlawful penalty fees.

 

If you accept my offer to pay 2 month's fees and supply the bank account details, I will pay you promptly.

 

If you demand any more or fail to accept my offer my offer within 14 days, my offer will be withdrawn.

 

I look forward to your reply.

 

Yours faithfully,

 

Keep us posted.

 

;-)

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  • 2 weeks later...

Hello again,

 

I sent the letter to Harlands. I also have received two further letters from them.

 

The first one I am assuming they sent out before receiving my letter, its says I have now incurred a further £25.00 admin fee :roll: .

 

The second letter is a response to my letter, this one says I can only cancel my agreement directly X4less and that they strongly advise I get that in writing to them for my own records. It also says all my payments must be up to date.

 

What is the best next step for me to take now with them?

 

Thank you :)

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Hi Emz,

 

I'd reply saying :-

 

Dear Harlands,

 

I refer to your letter of xxdate in which you failed to acknowledge or accept my offer to pay. As stated in my last letter to you, my offer is now withdrawn and I reserve the right to ignore further demands from Harlands/CRS or other parties instructed by you.

 

I trust you will contact Xercise4Less and confirm that the gym agreement is ended due to Harlands trying to charge me unlawful admin fees.

 

Yours faithfully,

 

:-)

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  • 3 weeks later...

Hi Slick

 

Thank you so much for your help so far.

 

Since my last post I did as you said above and sent another letter.

 

I received another letter dated 17th June from Harlands

saying again that they do not have the permission to cancel my account

and I need to contact my club.

 

 

It was pretty long winded but that was the basis of the letter just repeating everything they have said before.

I ignored it.

 

Another letter arrived dated 22nd June saying they were disappointed that I had not responded to there previous correspondence :violin: and that they have now added another £25 fee on bringing the total to £94.98.

If I do not call them by 2 July then my "debt" will be passed on to a debt recovery company and may result in court action.

 

Should I continue to ignore?

 

Thank you :)

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yes

DCA's are powerless

they are NOT BAILIFFS

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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Lol @ Harlands "will pass the debt on to a debt recovery company."

 

No they won't !! They'll change the paper in their typewriter and write to you using CRS letter-headed paper. :lol::lol:

 

Ignore completely for now.

 

:-)

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.

 

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  • 2 months later...

hiya,

 

I have received another letter today from CRS,

saying they would still like to reach an amicable resolution with me

if I fail to respond to this letter they will have no option but to commence further legal action to recover the monies owed.

 

They believe I am in breach of a legally binding contract :roll:

and they MAY pursue a claim under this contract through the courts.

 

Do I ignore or write to them to confirm I do not believe I owe this money to show them I am willing to fight

and will not be bullied into paying this ridiculous amount (£171.47).

 

Any advice would be really appreciated.

thank you

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they are getting boring now

ignore them

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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Share on other sites

Hi Emz,

 

If Harlands/CRS thought they had grounds to make their demands, they'd have taken more serious action.

 

But that's NOT how they work - they are just chancing their luck.

 

Do not respond to this letter at all !! Ignore and keep us posted.

 

:-)

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 !:-)

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