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    • What does it actually mean when some  one says" for clarity" you mean in your opinion really dont you?   HB Thanks, girl done well.   Acres of text to get through, are you sure I have not come across you before. Your addiction to point scoring is V familiar.   Anyway lets see if there is anything I have not cleared up already.   You say  "'ll just answer this for clarity (not for an argument). This applies to SDs made in a Magistrates' Court in order to set aside aconviction where the defendant was not aware of the proceedings."   So much for clarity. Below is what the section says information; and (b)within 21 days of that date the declaration is served on the [F1designated officer for the court], without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void.   Notice "Shall be void. not set asidIf I am going to just be correcting basic reading i am not goiong tp conti   "When a person comes before a court to make such a Statutory Declaration the court must hear it if it is made within 21 days of the defendant learning of the conviction."   Noope The regulation says the court cannot interfere with the making of a SD,again completely different   Yes if it is, but unless the SD was made within 21 days of the action they are entitled to question it. As they do in the form you reproduced by asking how the defendant knew about the case.                         Said this alreay.   To answer your next paragraph, the court will not accept a lie, if there is one, they will have the option to increase the time however I doubt they would, or do you think they would just extend it? This is the test, of course.   Again you say SET ASSIDE, it isn't, the new case cannot be started if the old one is still pending of course.   Now having demonstrated your lack of knowledge. I shall move on. Your abstinence from posting is appreciated, either way, I will have you on ignore. Nothing personal I just dont think there is anything you can tell me.   One more thing the result does not compete with anything I have actually said, and everything I have said is correct, in relation to the legislation.                
    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
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valencia1617

Xercise4Less Leeds and Harlands/CRS

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Hey Guys,

 

It hasn't taken me long on this site to realise that you have dealt with a lot of situations regarding Xercise4Less and Harlands/CRS so, whilst that is comforting, I am still rather nervous as they continue to demand extortionate amounts!

 

I'll keep it as brief as possible:

 

 

Currently I am working abroad in Valencia, therefore I wished to cancel my Xercise4Less membership (I had membership for over 12 months.)

 

 

I used their website for cancellation on the 19th December and received an automated email, saying I would receive official confirmation within 30 days.

 

 

On the 9th January, this email arrived, mentioning that my account had now been cancelled. It further mentions that my 30 day notice started from the day of initial cancellation (19th December), and a direct debit payment went out on that very day (9.99 monthly rate).

Therefore, when I received the second (and more official) cancellation email,

I decided to cancel my direct debit,

as I believed that the December 19th payment would be my notice payment.

 

This however was not the case, and I received a letter from CRS to my parents' home address in the UK, demanding 207.47!

 

 

am aware that it is absolutely pointless contacting them via phone, so I am only emailing them.

 

 

I responded to their letter, mentioning how I received an official confirmation letter. However, yesterday they replied with this:

 

On 18 November 2015 you entered into a Membership Agreement with Xercise 4 Less. You agreed to pay £9.99 a month and give a months written notice when you wished to cancel.

 

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

 

Xercise 4 Less have not received the relevant notice from you to cancel your Membership. If notice had been given correctly in December 2016, as per your correspondence, you would have still been liable to pay your January 2017 instalment as your notice period, this was not received.

 

What I think has happened, is that I fell short of the 30 day notice by only a number of days, as I cancelled my direct debit a few days after I received the email of cancellation on the 9th January.

 

I am willing to admit to them that I made this mistake and that I will pay 9.99, but the 207.47 payment is outrageous.

 

 

ny help you guys can give would be hugely appreciated, and if I have missed anything out then let me know!

 

Thanks!

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just send the slick132 letter

 

 

they are a DCA

and not bailiffs

so have no legal powers whatsoever

so NOTHING to be worried about.


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Ok, that's good to hear thank you! Should I first send an email to offer to pay the 9.99 difference? To which I imagine they will reject?

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Hi Valencia and welcome to CAG

 

Keeping it simple, if X4Less say your notice started on 19th Dec'r AND you paid a DD on that date, I don't see that you have to pay any more.

 

Not £9.99 for the next month, nor any admin fees at all.

 

Write a real paper letter to X4Less at their Leeds Head Office saying :-

 

I refer to my m/ship at xxxxxxx gym.

 

You confirmed that my 30 day notice started from the day of initial cancellation (19th December), and a direct debit payment went out on that very day. Yet Harlands/CRS are now demanding I pay over £200 including their unlawful fees that they're trying to charge me.

 

Unless you tell Harlands/CRS to back off immediately, formal complaints will be made without further notice to Trading Standards and The CMA about your use of Harlands to harass your customers.

 

Please reply to me at the following UK address where my mail is monitored.

 

Or you can write to my Valencia address which is xxxxxxxxxxxxx

 

Don't fret about this - Harlands/CRS are full of hot air but it's important that you know what they're up to at all times, hence what I say about your addresses.

 

:-)


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Thanks for the reply! I think i'll try to keep it to just my UK Address, post in the past for me in Spain has been a nightmare!

 

One thing regarding the monthly payments however is that they always came out of my account around the 18/19/20th of the month; depending on which month. So I think it may have just been a coincidence that the December payment fell on the same day as my cancellation day, meaning no notice payment went out. Perhaps, in that case, I should still admit to owing 9.99 and send an email to Harlands/CRS first?

 

:)

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Hi Valencia,

 

Emailing Harlands/CRS is a waste of time. They're only interested in getting you to part with your money !!

 

It really doesn't matter about a day here or a day there with the DD and notice issue - from what you've said, I'd suggest you owe them nothing more.

 

In any event, Harlands treat X4Less members so badly that they should only get money they are clearly owed and I DON'T think that applies to your case.

 

Just send the letter to X4Less as I said above and let us know how they reply.

 

:-)


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Cheers slick!

 

I am trying to find the Head Office address, is it the same address as the Leeds Gym itself? (1, Kirkstall Industrial Estate, Kirkstall Rd, Leeds LS4 2AZ, UK). Just wanting to make sure as I know that just sending the letter to a gym would get me nowhere!

 

Thanks :)

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Hi Valencia,

 

Yes, that's the address and make the top line:-

 

Xercise4Less Head Office

1, Kirkstall etc

etc

 

:-)


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Ok thanks slick!

 

Letter has been sent, kept the same as what you showed me apart from adding ref. no, address etc. I'll keep you informed when I get a reply :)

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Hey guys, just a quick update. CRS came back with this email. Regarding what they're now saying, shouldn't it be the right moment now for me to offer the 9.99? And then proceed with another letter to Head Office? (I haven't heard back from them yet)

 

 

Further to your recent correspondence, your payments were due on the 18th of each month. 18th December 2016 was a Sunday and as such your payment was taken the following day.

 

You have submitted your request on 19th December 2016 and as such you would remain liable for any payment that fell due in the following 30 days. 30 days after 19th December 2016 was 18th January 2017 and so your final payment should have been 18th January 2017. That payment, however, was not paid due to your Direct Debit instruction having been cancelled.

 

We were previously led to believe you had given no notice and so your membership continued. We now concede this was incorrect but it remains the case that you have failed to make payment due under the terms of your agreement.

 

As such you are no longer liable for the sum of £19.98 relating to your February and March 2017 instalments of £9.99 each, which had not become due on the date your notice period expired. You remain liable, however, for £187.49, consisting of your missed January 2017 instalment and charges arising from the recovery of that amount.

 

We may be able to negotiate on this sum, but would require you to contact one of our telephone negotiators on 01444 449 165 in order to do so. Payment can be made by Credit/Debit card by calling us on 01444 449165. Alternatively, cheque/postal orders should be made payable to Credit Resolution Services and sent to CRS, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW.

 

A payment plan can also be set up if you are unable to settle in full, although we do charge a little extra for this.

 

If you are experiencing financial difficulty, there are organisations who offer free debt advice and assistance such as Step Change (0800 1381111), National Debtline (0808 8084000) and your local Citizen Advice Bureau.

 

Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken.

 

Yours sincerely,

 

David Castle

 

Collections Department

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ignore


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

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Hi Valencia,

 

DX is right - ignore this nonsense from Harlands/CRS.

 

Wait for the reply from X4Less and do nothing until they reply.

 

:-)


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Whilst I completely agree that they have lowered the money to try and convince me to pay up, surely I should still just send the email regarding offering 9.99? I know that others on this forum have done this, and then it seems that it puts you in a better situation when contacting X4L. It's unfortunate that a Sunday meant that the payment came out a day later, and is an unfortunate coincidence that I thought it would be the notice payment.

 

I absolutely agree that they are talking a load of nonsense, but I am just thinking of ways that would put me in the best possible position when it comes to contacting X4L.

 

:)

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Hi Valencia,

 

You made an offer to the gym which they've not replied to yet.

 

You have no need and nothing to gain by responding to CRS (Harlands in disguise). They are chancers who are only interested in getting you to pay what they can.

 

As said, ignore their begging letter.

 

:-)


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Thanks !:-)

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Hey Slick,

 

By an 'offer to the gym,' I assume you just mean that my offer was for Harlands to quit harassing me? And not that of a monetary offer?

 

:)

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As I never mentioned about a monetary offer in the letter. I assume you didn't mean that anyway but I was just curious! :)

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Sorry Valencia,

 

I deal with so many threads here, I get confused a bit too easily sometimes. :wink:

 

You did NOT make any offer to pay the gym - you wrote to the gym as per post #4 and they've not yet replied so IGNORE this contact from Harlands/CRS.

 

Until the gym replies to your email, ignore Harlands /CRS completely.

 

:-)


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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No worries slick! I know you have to go through a lot, you guys do a great thing for people on this forum!

 

How long does it take on average to receive a reply from X4L?

 

:)

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There's no saying.

 

Sometimes, they'll ignore and other times they'll reply in a week or two.

 

Until they reply, you have nothing to worry about.

 

:-)


We could do with some help from you

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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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I've just been told from back home that CRS tried to ring today,

despite me telling them twice that I shall only talk via email (even though I won't be doing that anymore).

They really love to pester don't they!

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you tell a fleecer not to do something

they'll do it

as you've given them a weapon to pressure you


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Yeah I understand!

 

Since that call, I've been trying to convince my Mum that there is nothing to worry about. I know that there isn't as Harlands are just hot air, but would you guys be able to clarify a few things? I think it would be best to hear it from the horse's mouth:

 

. They are a DCA and not bailiffs

. That this 'debt' does not affect my credit or the house's credit

. It does not place the house on a blacklist

 

:)

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correct a DCA HAS NO LEGAL POWERS WHATSOEVER on ANY DEBT, not just GYM debts!!

 

 

correct its NOT a debt, gym accounts cant show or hurt your rating

 

 

theres NO SUCH THING as a house BLACKLIST, an old wives tale.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

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