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    • So they have not actually issued a Court claim yet ? If they did that, then it would enable you time to seek advice, defend, go through mediation and then come to an affordable repayment arrangement. They are just trying to frighten you into finding ways to come up with money to pay them.   In regard to Solicitors/legal fees, you would need to check the leasehold agreement, which should include details of the ground rent/maintenance arrangement with a management company. The leasehold agreement you sign may make you liable for reasonable legal fees incurred by the management company.    If you can afford to pay the ground rent element, then that might be a sensible thing to do and pay this to the management company directly.   Do you have financial breakdown information showing how much is ground rent, what the maintenance fees cover, how much is management companies fees etc? You are entitled to this information, so should ask the management company for it.   Have you contacted your local Council Authority about help available ? Depending on your financial situation, there may be help available.  Government  have provided Councils with extra money to help those who have suffered financially because of Covid. There are discretionary Housing funds that you can apply for.          
    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
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Harland Legal Jargon Back & Forth - £187 Owed for a £9.99 p/m Gym Membership


BASSON84
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Hi All,

 

Hopefully someone out there can help me, and put an end to this matter!

 

I have used some of the information on CAG, to which the current state of play is below.

 

Firsly, a bit of back ground.

 

I cancelled my £9.99 DD on the back of personally going to my local Xercise4less,

to tell them I do not wish to continue the membership

 

- To be honest I don't think they were that bothered,

well not by the attitude of the member of staff I spoke too anyway.

 

I did,

I cancelled my direct debit and thought nothing of it.

 

Until I received an initial letter off CRS stating I owed them £187!!

I am only dealing with them via e-mail, not by phone at all.

I work nights anyway, so can hradly get hold of me during the day

- Especially considering their non friendly opening hours!

 

I have gone back and stated that their charges do not stand etc etc,

and have offered them £9.99 to clear this debt and let it be as that...

 

Now I have received the below, from the infamous David Castle.

..Any help would be greatly appreciated...

 

We wish to advise that cancelling your Direct Debit was not adequate notice of your intention to cancel.

The terms of your agreement specifically state that you must give notice in writing.

 

We have received extremely similar claims before,

citing the case of the Office of Fair Trading versus Ashbourne Management Services Ltd. as evidence that cancelling the Direct Debit was sufficient.

 

We believe you are mistaken with regards to Mr. Justice Kitchin's ruling.

Such a statement does not appear anywhere in Mr. Justice Kitchin's judgement.

 

A legal precedent can only be drawn from a ruling but the statement you rely upon appears in the Penal Notice issued specifically to Ashbourne Management Services Limited, advising them what they must and must not do.

 

This only applies to Ashbourne Management Services Limited because contracts 1-13 examined in this case were found to be unfair and thus unenforceable.

As such the penal notice issued to them stated any course of action indicating a desire to end the membership (including cancelling Direct Debits) was sufficient to cancel because those contracts could not be enforced anyway.

 

Xercise 4 Less' contracts have not been supplied by Ashbourne Management Services Limited and have never been deemed unfair by a judge.

There is, therefore, no reason to believe that the terms regarding how a member may terminate their agreement will not be enforceable in other instances.

 

We are unable to accept your offer of £9.99 as sufficient to settle this debt because costs have been incurred because of your breach of contract that must be taken into consideration.

 

With regards to your comments that our charges are penalties,

it is our position that all charges applied to this balance are to cover the above mentioned actual and necessary costs and thus are not penalties.

 

Lord Dunedin, when considering whether charges stipulated at the outset of the agreement were penalties, set out in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1914) that:

 

"It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. On the contrary, that is just the situation when it is probable that pre-estimated damage was the true bargain between the parties ( Clydebank Case, Lord Halsbury; Webster v. Bosanquet, Lord Mersey)."

 

The above applies to the charges of £25.00 applied by Harlands and also in regards to our own collection fees of £66.50 both of which are pre-estimates of the average costs incurred from defaulted agreements, but which vary from case to case and cannot be precisely calculated in advance.

We believe, therefore, that these charges do not constitute a penalty and are thus fully enforceable.

 

We wish to confirm that as this matter does not relate to a regulated credit agreement it is outside of the jurisdiction of the Financial Ombudsman Service.

They will not be able to uphold any complaint on your behalf nor will they be able to charge us for their involvement.

If you wish to escalate a complaint outside of our business we recommend that you contact the Credit Services Association of which we are a member and they can be contacted online at.

 

For the above reasons it must remain our position that the balance of £187.49 is correct and due.

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

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ignore them

 

 

end of.

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 Bass and welcome to CAG

 

I've not even bothered to read the whole of David Castle's letter. We've seen enough of his very long letters to know he spouts a load of garbage.

 

Stop replying to him and ignore completely for now.

 

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

 

:-)

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.

 

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Still no e-mail or postal response - However, a barricade of texts asking me to contact them!

 

These best not hit me with a court date. Feeling very uneasy with regards to these :|

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What makes you think that?

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 need to read like threads

there have been NO gym court cases since 2012

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 Basson,

 

DX is right, if you take some time to read other threads, you'll realise that Harlands/CRS are simply full of Hot Air and they do NOT carry out the threat of court action.

 

Ignore texts but keep a log of all contact attempts in case you need to lodge a complaint about harassment.

 

:-)

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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