Jump to content


  • Tweets

  • Posts

    • 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 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

Emz87

Xercise 4 less Harlands letter missed payment

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1190 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 :) :)

Share this post


Link to post
Share on other sites

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 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 

 

Share this post


Link to post
Share on other sites

Thank you dx100uk

Share this post


Link to post
Share on other sites

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.

 

;-)


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 !:-)

Share this post


Link to post
Share on other sites

Hi Slick :)

 

Thank you that's great. I cancelled the DD yesterday. I will now send letter ASAP.

 

Emz

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites

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,

 

:-)


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 !:-)

Share this post


Link to post
Share on other sites

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 :)

Share this post


Link to post
Share on other sites

yes

DCA's are powerless

they are NOT BAILIFFS


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 

 

Share this post


Link to post
Share on other sites

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

                                                                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 !:-)

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

they are getting boring now

ignore them


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 

 

Share this post


Link to post
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 !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...