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    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.     
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
    • I see the trial of the real criminal in the Biden Family has started rather than the sham political persecution of Trump    Biden will of course try to distance himself as far as possible to no avail  Even more votes for The Donald🤣    
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Help with harlands!


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I took out a no contract gym membership as i needed it temporarily since i was coming back from uni to stay with my parents and wanted to be on top with gym.

 

The gym i found was a no contract no joining fee membership which was ideal since i needed the gym for 2 weeks.

 

The first payment had come out and then upon the 2nd week so around 1.5 weeks id told the gym i wanted to cancel which they said was fine, i filled out some forms and that was that.

 

But the person had said that id need to cancel the DD with my bank and they said to do this after the next payment comes out.

 

However i didnt think this would be a problem for me to cancel before the second payment since they said id need to give 30 days notice but nowhere upon email or conditions did it state that.

 

All id found was something to do with harlands stating that they need 14 days notice that i need to give to the bank and harlands?

 

Id cancelled the DD upon 1.5 weeks into the first month of the DD bearing in mind the first payment had already come out.

 

I now got told and recieved a letter to my parents address since i dont live there atm stating from harlands id been charged admin fees of £25 plus the cost of month gym at £16.99 coming to £41.99.

 

However this from what i understand cant be right since the contract wasnt a fixed contract so dont see why i need to give a months notice and why in the email that i received for joining id need to write to harlands before cancelling.

 

what can i do, i really need help since i need to pay by the 30th otherwise id be charged more.

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they cant charge any admin fees they are unlawful.

just as a DCA is not a bailiff.

just browse a couple of threads in this forum

you'll see the std slick132 letter

simply write

offer the missing payment

but refuse the admin fess

 

 

if they fail to accept

you ignore them.

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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Hi Captain and welcome to CAG

 

Even with a "No Contract" agreement, you would still need to give a month's notice and I'm sure the T&C's governing your m/ship would confirm this. The gym staff advised you correctly to wait for another payment to be taken before you cancelled the DD mandate.

 

However, Harlands take the opportunity to start adding on their admin fees which we always advise folk to challenge.

 

Send this letter to Harlands and get a free Certificate of Posting at the PO :-

 

Dear Sir or Madam,

 

I refer to my membership at Xercise 4 Less gym in XXXXXX which was a month to month agreement.

 

I cancelled my direct debit mandate but realise now that I should have given 30 days notice to cancel my membership. So I am now offering to pay a final month's fee of £16.99 to cover the notice period. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you will accept the amount of £16.99 in full & final 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.

 

Yours faithfully,

 

When they refuse your offer and keep making demands, you can simply ignore Harlands/CRS, Zinc Group and Spratt Endicott (Harlands current pet solicitor). They'll make the usual threats but they're unlikely to actually DO anything.

 

Keep us posted.

 

:-)

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Because i was told on the letter to give the payment by the 30th me sending the letter now, would it cause problems? Would they charge me more. Also what address on the letter i send should it to. Finally who do i pay IF they accept my terms Harland's or my gym. And if they don't accept as you said and i ignore them does this mean i should not pay the one month 16.99 aswell.

 

Sorry for all the questions worried and new to this.

 

Thanks for the help aswell

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Hi Captain,

 

The letter goes to Harlands' Haywards Heath address.

 

Send the letter I suggested and let us know how they reply.

 

Read other threads here and you'll soon see how others handle Harlands. All the info you need is here.

 

:-)

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nothing

 

 

we've not seen any gym court cases since 2012 and on that they lost.

 

 

just don't ever ignore a court claimform

 

 

dx

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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You can ignore their demands if you want.

 

However, I suggest you try to do the right thing first by offering to pay what you owed.

 

Use the draft I gave above - by doing this, you're protecting yourself having acted reasonably.

 

:-)

Edited by slick132

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  • 4 weeks later...

Hi I posted something similar before just wanted to give a quick run down.

 

 

I was signed on to a no contract gym membership and cancelled after the first payment came out and did this in person w the gym and with my bank as I was told.

 

 

I received a first letter from Harland's stating I owed them a £25 admin fee along with the cost of a missed DD payment even though I had cancelled and it wasn't a contract.

 

 

I received another letter saying another charge had occured and how this will be passed to a debt recovery company.

 

Should I be worried?

 

 

I was thinking of simply writing on this letter or the next on't they send and say how the person no longer lives here so they can't get in to contact with me again?

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so why didn't you send that slick letter?

 

 

threads merged

 

 

dx

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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so why didn't you send that slick letter?

 

 

threads merged

 

 

dx

 

Because i thought ignoring would be fine and assume it would be ignored as others have because btw i wasnt actually told about the incurring of charges which i thought i did so would me ignoring be the best case? As i dont really want to pay for something i dont think im eligible to pay for but if it means i have to i will

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Hi CS,,

 

Don't try the old "Moved Away" trick with the post. That could actually backfire on you and cause other problems.

 

Send the letter I suggested so you have behaved properly and reasonably.

 

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Info given to you already in posts #4 and #6 above.

 

:-)

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Hi thanks for all the help

I just wanted to ask if I sent the letter by a standard post

i.e first class or second is that enough

or would I need it tracked and signed for and pay for this.

 

 

you said get a free certificate of posting what is this?

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2nd class

get free proof of posting when you hand it over at the post office counter

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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Hi CS,

 

Again, we've already given you the info you need - see para 4 in post 4 above.

 

All the info you need is here on other threads but read what we say to YOU on YOUR thread carefully to avoid unnecessary questions or delays in you acting.

 

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

 

:-)

We could do with some help from you

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  • 2 weeks later...

So I got an email after sending a letter and this is what it says

 

Further to your recent letter to our offices,

 

Harlands can confirm that you signed up to a one month membership, this one month is a contracted payment. It was marked to cancel after this first payment. However you cancelled your Direct Debit too early which lead to a missed payment.

 

Please contact our offices to make the final payment and cancel the agreement.

 

For all Enquiries Call Harlands : 01444 449166 () Quote Reference : xxxxxxx

 

Office hours: Monday to Friday, 9am - 1pm, 2pm - 5pm

 

Yours sincerely,

 

Harlands

 

Does this mean all they want is the 16.99? And if so I really don't like the idea of phoning to pay and giving them my bank details is there a better safer way to pay?

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Hi CS,

 

Please write to Harlands again saying :-

 

I refer to your letter of xxdate.

 

I will not call your offices for any reason but, if you are willing to accept £16.99 to end the matter, let me know in writing your bank details ad a reference number I can use to make the final payment.

 

Keep proof of postage and let us know how they respond.

 

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No, make the offer to pay as I said.

 

They could easily bank your cheque as a payment on account , then STILL continue to harass for payments.

 

:-)

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they sent another letter which didn't answer anything and now I feel like I'm wasting time money and it's just a headache chasing this up.

 

 

They replied with the following

 

Further to your recent letter to our offices Harland's can confirm you signed up to a one month membership.

This one month is a contracted payment.

It was marked to cancel after this first payment

however you cancelled your direct debit too early which lead to a missed payment.

Please contact our offices to make final payment and cancel the agreement

 

Firstly what they stated didn't answer anything I've said in the letter when I said I wouldn't contact their office.

And secondly when they said I cancelled too early

the first payment came out so what do they believe I'm liable to pay for .

since they're staying it was one month?

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They've failed to provide payment details requested so ignore this latest letter.

 

:-)

We could do with some help from you

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  • 3 weeks later...

They've sent another letter this time by the CRS

 

Saying we've been employed by my gym as your membership remain in arrears despite previous letters being sent you.

 

 

As a result of this our fees totalling £66.50 have been added.

 

 

Therefore your account balance stands at £133.49

 

[removed] I've sent numerous letters and they are adding more fees what do I do??

Edited by dx100uk
behave - dx
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