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    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
    • You don't submit a defence with the DQ...why are you going over old ground? Just complete the DQ as per my guidelines as posted above and file serve it a few days before 11th Oct.     .
    • Do we use the same defence. My concern is that it should not even be going to small claims court. The debt is for the company TME which had to close down as it could not sustain itself and they are asking my husband to pay for it personally.  There were also 2 other directors involved with the company.                
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Harland's and Xercise 4 Less


Sagereid
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My daughter cancelled her membership by sending a letter to her X4Less Gym, then cancelled her DD a month later.

She recently received the Standard Harland's letter saying she owed a month's membership

with their standard threats of Admin fees.

She was outwith the main contract period.

 

We wrote back to them, after looking at advice on this site,

and told them she had cancelled and we wouldn't accept any fees.

We enclosed a copy of the cancellation letter.

 

Today we received a reply from Harland's, their reply was:

 

"We can advise the Xercise for Less do not deal with cancellations by letters,

in fact you would be required to provide them with 1 months notice via their website under the FAQ section" my highlighting.

 

I found this statement incredible, no cancellation by letter, it goes beyond all common sense.

I'm planning to write to them to highlight how ludicrous this statement is

and tell them my daughter isn't paying anything but wanted to run it past the Forum first.

 

Any advice appreciated.

 

Thanks,

 

Stephen

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pers I wouldn't bother

they know the score

and as far as I can see

you've paid for the cancellation period

so nothing more is owed.

 

 

good job

 

 

well done for reading the forum

and researching the correct advise for yourself first.

 

 

...wish more would do it themselves

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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It's hilarious isn't it!

 

Slick might advise different, but IMO, I wouldn't bother either, but I would complain to the gym, and escalate as much as possible, get onto social media and embarrass them on their own pages on facebook and twitter.

 

I would also complain to the CMA about their puerile attitude.

 

Tell X4Less that if they don't call off their toothless lapdog, then you will hold them responsible for the harassment and will seek legal remedy if needed.

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 Sage and welcome to CAG

 

Don't bother replying to Harlands at all = it's a complete waste of your time and energy.

 

If Harlands/CRS continue to demand when you cancelled properly, you should use X4Less Facebook and/or Twitter feed to complain about the way Harlands harass their customers.

 

Keep us posted but don't be intimidated at all. Stay OFF the phone and don't worry about Harlands/CRS's demands and increasing fees - they are full of hot air !!

 

:-)

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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  • 2 weeks later...

Thanks for all the advice.

 

I'll ignore Harlands and instead send a complaint letter to the Gym's head office. My Daughter has already received the first penalty charge letter, with the threat of another charge.

 

Social media complaints may be the way to go as well.

 

Stephen

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Hi Sage,

 

Sounds like a good plan with the social media. Keep it focused and polite as that'll carry more weight.

 

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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  • 4 weeks later...

Update. The letter to Head Office has done the trick, reply below, many thanks to all who gave advice.

 

 

"Good afternoon

 

Thank you for your letter

 

Your membership has now been cancelled and Harlands have been informed not to pursue for default charges.

 

Please ignore any further correspondence from Harlands as it may take up to 14 days for them to process our instruction.

 

Please accept our apologies for the inconvenience this matter has caused you.

 

 

Head Office Enquiries

 

Head Office

Xercise 4 Less

Unit 1, Kirkstall Industrial Estate

Kirkstall Road

Leeds

LS4 2AZ "

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Hi Sage and thanks for the update which is excellent news !! :whoo::whoo::whoo:

 

Hopefully that should be an end to harassment from Harlands/CRS but please let us know if you hear from them again.

 

If you can manage a Site Donation, it'll help us be here for others in the future, thanks.

 

:-)

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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