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    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
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Johnnybell066

Fit4Less and Harlands

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Hi Twinmum and welcome to CAG

 

When you cancelled the DD mandate, that effectively gave the gym or Harlands notice of your cancellation. They cannot argue with this as there was a High Court case which set out certain rules - The OFT -v- Ashbourne Mgt Services Ltd in 2011.

 

You should have paid a final fee for the month's notice they were entitled to. However, they are NOT entitled to any admin fee for cancelling, nor do you have to pay admin fees for late payments or "not responding to their letters". These are unlawful penalties and are not enforceable.

 

You could send this to Harlands :-

 

Dear sir or madam,

 

I refer to your letter of xxdate and our subsequent phone discussion.

 

I cancelled my DD mandate on xxdate and this was adequate notice of my cancellation of the gym agreement, as per the case of The OFT v Ashbourne Mgt Services Ltd in 2011.

 

I now realise I should have paid one further month's fee for the notice period and am willing to offer you £9.99 now. If you confirm in writing within 14 days that you'll accept £9.99 in full settlement of all amounts due, I will pay it promptly.

 

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees (unlawful penalties), my offer will be withdrawn and I may ignore further demands from you and/or CRS.

 

Such demands may be reported to Trading Standards.

 

Yours faithfully,

 

See how they respond. :-)

 

Hi, I'm not sure if you are still active here but if you are then I would appreciate your help. I'm in a similar situation except I was paying monthly and cancelled after the first months payment. Harlands added fees and now have passed it over to CRS. They say I was due them 21.99 but now I'm due something like 128, which I wouldn't be happy to pay. I sent them the email that you instructed to use and I got this reply "Further to your recent correspondence regarding your account balance.

 

We have been passed your file by Fit4Less in regards to unpaid arrears due under the terms of your Membership Agreement.

 

On 18 October 2016 you entered into a monthly Membership Agreement with Fit4Less. You agreed to pay £21.99 a month for a minimum period of 1 month.

 

As your minimum term of payments was not honoured and you failed to rectify your breach of Agreement charges were applied to your account and your file was referred to ourselves for collection.

 

Your membership with Fit4Less has not been cancelled correctly and your account balance remains payable. Your offer to settle your debt is not acceptable and you continue to have an outstanding account balance of £128.49, please note the additional costs incurred have been applied correctly under the Terms of your Agreement." Any advice or help would be greatly appreciated. Thanks in advance

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Hi JB and welcome to CAG

 

You now have your own thread to use to discuss your case.

 

More info please :-

 

1. Date you joined.

 

2. Was it a monthly rolling agreement or did you join for a minimum 1 year.

 

3. Was there a reason for cancelling so soon.

 

4. Did you discuss cancelling with staff at all.

 

5. If so, what did they say about how or when to cancel.

 

Simple answers to each point is best please.

 

:-)

Edited by slick132

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Hi I can't remember the day I joined, it was monthly rolling. I didn't have the money spare, and I cancelled my direct debit as i assumed that this is all that I would have to do

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Hi JB,

 

It would have been better if you answered each numbered point but I think we have enough to work on.

 

I should have said in my last post that Harlands and CRS are really one and the same so don't believe for one second that Harlands have passed the alleged debt on to an outside DCA. Harlands/CRS can be mostly ignored.

 

Send this to Harlands and get a free Cert of Posting at the PO when you send it. Do NOT use email again, use a typed, posted letter :-

 

Dear sir or madam,

 

I refer to your letter of xxdate about my rolling monthly gym agreement.

 

I cancelled my DD mandate on xxdate and this was adequate notice of my cancellation of the gym agreement, as per the case of The OFT v Ashbourne Mgt Services Ltd in 2011.

 

I now realise I should have paid one further month's fee for the notice period and am willing to offer you £xx.xx now. If you confirm in writing within 14 days that you'll accept £xx.xx in full settlement of all amounts due, I will pay it promptly.

 

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees, my offer will be withdrawn and I may ignore further demands from you and/or CRS.

 

Such demands may be reported to Trading Standards and The CMA.

 

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 !:-)

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