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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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Xercise4Less - Harlands - CRS - Zinc Ltd - Help


Zeril
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Hi all, Very sorry for the long post, hope it makes sense.

 

I have seen quite a few posts here regarding Xercise4Less but every case seems to be different and i just want to check what i have done is correct.

 

I was with the gym for approx. 2 years, i changed jobs and could no longer attend the gym so i went into the gym and spoke to a lady at the counter to cancel my membership this was around the 21st May, at this point there was no mention that i needed to go online to cancel and no mention that i needed 30 days to cancel my membership, the lady simply said that my membership has been cancelled.

 

on the 25th May the following months membership come out (i had no issues with this, maybe it takes a few days to go through etc) , on the 14th June i received a letter saying they haven't received payment, i ignored this letter as i had cancelled my membership and paid on the 25th (probably my first mistake?)

 

I dont have the letter but before the 1st July i received another letter saying i owed £34.99, i emailed them trying to explain as this way i have records, they emailed back on the 2nd saying i need to cancel on the website, which i then did (figured i had nothing to lose by trying)

 

I sent 4 emails sent to Harlands with Xercise4Less copied in between 13/07 and 31/08, I received no replies from them then on the 02/08 I received a reply saying they don’t have any records of me emailing them, I emailed them back explain again all the issues saying I am happy to pay the £9.99.

 

On the 28th July I received the next letter saying i owed £69.98, i phoned the gym, they told me i needed to speak to Harlands, Harlands said i had to pay or speak to the gym about my cancelling (i was going round in circles for a few days.

 

My final email to them was from your messages boards to which they didn’t reply.

If you confirm in writing that you'll accept the amount of £9.99 in settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

On the 12 August CRS got involved sending me a letter saying i owed £104.97

On the 12th August CRS sent another letter saying i owed £171.47

On 28th September CRS said i owed them £171.47 and gave me two options, Legal Action or Outsourced to external agents if i don't pay.

On the 18th October CRS said i still owed them 171.47 saying it is now being passed to Zinc Ltd.

 

Suggestions on what to do now? Currently I am just ignoring them, i have received only a couple of phone calls which i didn't answer.

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Ignore, ignore and ignore again. The more you communicate the more they think they'll con you in to paying something. Charlatans that's all looking for suckers who pay.

 

I thought that would be the case, i just wanted to confirm if i should be writing to this new company explaining again or not.

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Hi Zeril and welcome to CAG

 

Just so we have the relevant info, can you confirm :-

 

1. Date you cancelled verbally in the gym.

 

2. Date you cancelled the DD mandate.

 

3. Date they last took a DD payment.

 

4. Did you pay Harlands/CRS any amount after the DD was cancelled and, if so, how much and when.

 

Harlands/CRS will pass it on to Zinc and then Spratt Endicott (Harlands' current pet solicitor) and the advice generally is to NOT respond but to keep us posted.

 

:-)

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Hi Slick,

 

I don't have exact dates but it would be either the 14th or 21st May 16 I went into the gym to cancel, it had to be a weekend as I work away a lot in the week.

 

The last DD taken was the 25th May for £9.99

 

I cancelled the DD a couple weeks after this, possibly around the 14th June? I'll have to speak to the bank to confirm this 100% if required?

 

I haven't paid them anything since cancelling the DD.

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Hi Zeril,

 

From what you've told us above, you did all that was needed.

 

You gave notice to cancel verbally at the gym on 14th or 21st May; you paid the next DD on 25th May; you cancelled the DD after that payment was taken.

 

The only mistake you've made was to offer to pay Harlands/CRS the extra £9.99 when you actually owed them nothing.

 

Stop replying to Harlands/CRS, Zinc or Spratts but keep us informed.

 

By the way, if you want to take positive action AGAINST Harlands to stop their harassment, let us know as you have good grounds. If you're up for it, we could offer you all the support and guidance to take Harlands to court.

 

:-)

We could do with some help from you

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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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Thanks Slick appreciate the response.

 

I'm not worried about taking them to court etc i just wanted to make sure i was doing the correct thing, i read up alot of your posts but everyone is slightly different.

 

I offered them the £9.99 because they said in my contract i had to give 30 days notice, which i apologised and said i would happily pay them the additional £9.99 but they refused and said the £25 admin fee still stands so that's when i told them to politely do one and started the emails.

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Ok, I was just aware that it'd be good to take Harlands to task with a case like yours where you've done all you need and they have no grounds to harass you.

 

Basically, because you gave the gym verbal notice, you never owed, and should never have offered to pay, Harlands any more after the last DD was taken.

 

They'd sell their own Grandmother to get more money from a gym member in gym and admin fees.

 

Keep us posted.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 4 months later...

Hi All just an update on this.

 

After my last post I haven't had any letters, emails or phone calls until today when I received a email from SE Law simply saying the below

 

We have been trying to contact you. Please could you contact us on 01295 204074 regarding our reference **** between 9.00 am - 5.30pm Monday to Thursday and 9.00 am - 5.00pm Friday.

 

Which of course I will be ignoring unless advised otherwise

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Thanks Zeril for the update.

 

SE Law will be Spratt Endicott who we always tell folk to ignore. They are Harlands current pet solicitor and they will do nothing at all.

 

Keep us posted .................

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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Thanks Zeril for the update.

 

SE Law will be Spratt Endicott who we always tell folk to ignore. They are Harlands current pet solicitor and they will do nothing at all.

 

Keep us posted .................

 

:-)

 

Haha as always thank you 👍

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  • 6 months later...
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