Jump to content
  • Tweets

  • Posts

    • Hi all, just to close this one, please see the photos below....before and after    Thank you, all, for some great advice (as per usual!)
    • Thanks BankFodder.   I wasn't intending on making bones about it with them but I was irked at being dismissed with the phrase 'it's store policy'.  I returned it because I was returning an air hockey game which wasn't functioning properly.  I would have assumed that if it were designed as a toy for an audience that may be prone to dropping it, it would be made to be suitably durable.  I was expecting that a year would have been reasonable and by it not lasting it was, as you mentioned, not of satisfactory quality. Alas, it's not something I wish to pursue to find out for sure.   I do appreciate your feedback, as always on here, I like to know where I stand with these things.  Thanks also for the heads-up on the Youtube video, I had not thought of that.
    • I've also being doing some reading over the weekend. It appears the law of properties act 1925 does not apply in Scotland (only England and Wales).   "In Scotland an assignation need not be in writing, and intimation is all that is needed to give the assignee a right effective against all parties. Apart from the terminology, the principal differences in England are as follows. Under the Law of Property Act 1925 the assignment must be in writing, the entire benefit must be assigned, and notice must be given to the other contracting party. If any of these elements are missing there may still be an equitable assignment – under which an assignee would typically need to join the assignor as a party to any action under the contract."   So I think the NOA defence is not going to hold up, as Nolans are probably right in what they are saying that their letter (intimation) is sufficient.   So my sole defence is going to be lack of default notice under section 87/88.   Any advice at this stage? I assume costs are still capped at £150 if lose?
    • Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting
    • as i said unsure of what this 15% is about.   the FOS/FCA clearly describe how refund calcs show have been made the their relevant sites.   p'haps at this juncture it might be better to scan up to ONE multipage PDF their refund letters  another set of eyes is always belter.   please read our upload guide carefully      
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
        • Like
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Lifestyle Fitness, Harlands Phantom debt


Please note that this topic has not had any new posts for the last 1462 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

Hi All, I'm hoping you can help me

 

I was a previous member of Lifestyle Fitness when the gym first opened December 2012 to which I signed up to a monthly rolling contract of £17.99.

 

 

After cancelling my membership in November 2015 I was phoned weekly numerous times and then sent an email from the manager Jason Lombard trying to get me to re-join.

 

 

I sent an email stating that I would CONSIDER it under the same terms of my previous membership i.e monthly rolling contract £17.99. After a phone call explaining this to him.

 

I then received an email from him that a new membership had been set up (he never specified a type)

I checked my bank account and a DD was in place however I had not signed anything neither did I receive a membership contract like the one where I initially signed up.

I cancelled the direct debit immediately and no payment was taken.

 

 

I have then been pursued by Credit Resolution Services claiming that I had entered into a 12 month annual membership at £17.99 and that I know 'owe' £397.60.

 

 

These con artists continue to pursue me through SMS messages, Recorded phone calls and emails.

Despite emailing and phoning them to clarify that I did not agree to this

they have not been interested in trying to resolve this and are unable to send me a membership agreement.

 

 

This begun on January 26th, 2016. I have entered the stage of 'Spratt endicott' solictors.

 

I've also used Resolver and tried to direct message Lifestyle Fitness on facebook.

 

 

As CAB advised me to send them a letter to the complaints department funnily enough there is no form of contact details for such a department.

 

Please help

Link to post
Share on other sites

time to ignore them now then?

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... 

 

 

Link to post
Share on other sites

Wait... 17.99 a month... - £18 * 12 = £216

Thats terrible that they say you owe £397.60!!! Where do they get their figures from...

 

FWIW... Ignore Harlands... Try raising a formal complaint via the Email below -

 

 

And yes that is correct that email.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hi Sammy and welcome to CAG

 

Looking at what happened originally, please confirm :-

 

1. What date was the DD normally paid each month.

 

2. When did you give notice to cancel (date in Nov 2015).

 

3. When was the DD last paid to Harlands.

 

4. Did you ever cancel the DD mandate via your bank when you wanted to cancel in Nov or Dec2015.

 

Ignore any further contact from Harlands/CRS, Zinc or Spratts until we have the info we need.

 

I'm afraid the advice from CAB is not appropriate when dealing with the likes of Harlands and their cohorts.

 

:-)

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 !:-)

Link to post
Share on other sites

@dx100uk I tried just when I think it's over I receive a letter

 

@fikofilee 'Charges' apparently loool

 

@slick132

1. What date was the DD normally paid each month.

the 1st of each month

 

2. When did you give notice to cancel (date in Nov 2015).

not sure my bank account doesn't show me anymore. a payment was taken 1st December and I was contacted on the 9th December via email

 

3. When was the DD last paid to Harlands

1st December

 

4. Did you ever cancel the DD mandate via your bank when you wanted to cancel in Nov or Dec2015.

yes

Link to post
Share on other sites

Hi Sammy,

 

Ok, so you're not sure of the date when you cancelled in Nov 2015 BUT can you at least recall HOW you cancelled - by phone, email, in person or by letter.

 

:-)

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 !:-)

Link to post
Share on other sites

Then please confirm HOW it was acknowledged by the gym - ie what did they say, and by what means.

 

:-)

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 !:-)

Link to post
Share on other sites

@slick132 I received this email from the manager on the 9th December

 

Good evening,

 

I am writing as I have being advised from your bank that your membership has being cancelled, either through the bank or through our helpdesk.

 

I am just checking if this was done by mistake and if there was anything I could to help to set back your gym membership here at Lifestyle Fitness Wembley.

 

Please email me back or call the club on the below numbers.

 

Please let me know if you have any questions.

 

Kind regards

 

Then I received this one on 26th January

 

Good afternoon,

 

I notice that you recently cancelled your direct debit and no longer using the club.

 

If there is anything we can do to assist in setting up your membership again, please do not hesitate to contact us here at the club, or you may go online to Lifestyle Fitness NOW, prices start from only £19.99.

 

 

In between these emails I was called multiple times from staff at Lifestyle

Link to post
Share on other sites

Hi Sammy.

 

Sorry to drag this out but we need to nail the details so we can offer our best opinion.

 

I was going to say you gave the gym notice of intent to terminate the agreement by your action of cancelling the DD mandate during November. But you've said above that Harlands took the DD payment due on 1st Dec 2015 which suggests the DD was still in place.

 

If the DD was used for the Dec'r DD, the DD mandate must still have been active and you may owe a further month's DD. This is consistent with what you say above :-

 

I checked my bank account and a DD was in place however I had not signed anything neither did I receive a membership contract like the one where I initially signed up.

I cancelled the direct debit immediately and no payment was taken.

 

It really sounds like the DD was not cancelled for whatever reason so can you check further and clarify.

 

Even if you do owe a further month's fee, all you need do is offer to pay it in a letter to Harlands with certain limitations about when they reply and them not demanding higher amounts. They tend to be too greedy to accept the offer and you can then tell them the offer is withdrawn.

 

But let us know what you think happened with the DD back in Nov or Dec 2015.

 

:-)

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 !:-)

Link to post
Share on other sites

@slick132 no worries Thank you for trying to understand. Sorry if it seems a bit all over the place.

 

There was a first membership which I started in 2012 and cancelled in Nov/Dec 2015. There was no problems in cancelling I would just get calls from Lifestyle trying to get me to rejoin.

 

Then in January 2016 I considered re-joining after receiving an email from the manager. I responded explaining

I would consider under my old terms £17.99 rolling contract. He proceeded to set it up with a new membership id but as I did not receive no membership contract and Direct Debit guarantee which I thought was a bit dodgy I cancelled straight away via bank.

 

Thinking it was no contract and within 14 days cooling period anyway like most places I thought all would be ok like my last cancellation.

WRONG I then began to be contacted by CRS claiming I had entered into a new 12 month annual contract and owed the full amount plus charges that was the first I was hearing about an annual contract. What baffed me is if it's a 'rejoin' why was a brand spanking new annual contract set-up with a rate which is no longer available?

Link to post
Share on other sites

Thanks Sammy,

 

Probably best that we take it is established, that you cancelled the earlier m/ship in Nov 2015, paid the last DD that was due on 1st Dec 2015 and then cancelled the DD mandate.

 

Then for the new m/ship, no new DD was signed by you so no m/ship was properly set up.

 

In which case, you can either :-

 

1. Just ignore all demands from Harlands/CRS, Zinc and Spratt until they get bored and leave you alone.

 

2. Challenge Spratt Endicott head-on in writing, telling them you require sight of the DD mandate for which they are demanding payment.

 

From what you're saying, all they could produce would be the old DD dated Dec 2012 and you can get proof from the bank showing when that DD was cancelled. Of course, such proof would only be needed to defend a court claim (a highly unlikely event) and you do NOT need to produce it just because Spratts ask for it.

 

:-)

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 !:-)

Link to post
Share on other sites

Thank you for your response @slick132. I have good news they have 'cancelled' the charges.

They responded to the facebook message that I sent explaining what I did above. So glad I am now free from this after 10 months.

Link to post
Share on other sites

Hi Sammy,

 

This is excellent news.

 

I assume the gym responded on Facebook but I'll be happier when you know that Harlands have also agreed you owe nothing more.

 

Keep us posted about any further contact or demands.

 

:-)

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 !:-)

Link to post
Share on other sites

@slick132 Yes- sorry should of mentioned. The gym manager forwarded the email from harlands confirming cancellations. If they still harass me I now have proof from themselves that it should be cancelled.

 

Hello,

Thank you for your email.

This appears to have been cancelled by CRS as of today, if there is anything else you require please don't hesitate in contacting us or them directly.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...