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    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
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Hi,

 

Having an issue with these people not rush fitness anymore because apparently they have nothing to do with it now.

 

So my story is, i signed up to rush gym in October 2016 and as i am told this is a 12 month contract which i didn't really understand at first because when i signed up online i saw something about no contracts but anyway.

 

In January 2017 i wanted to cancel my gym membership as i could no longer afford the fee's as i was unemployed and the direct debit was coming from my mums account who is also unemployed and is claiming benefits as she was diagnosed with breast cancer and she stopped working.

 

I then called my gym (rush fitness) and was answered by a women whos name i do not know now because its been a while anyway i explained the situation to her and she said yeah thats fine i will get that cancelled for you and you can cancelled your direct debit too.

 

Got silence and peace of mind for a while now, until around the 20th feb when i recieved a letter from harlands saying they were unable to collect my installment and they added a £25 pound admin charge...(17.99+25.00=42.99 arreas) i called harlands and told them that i had cancelled my membership in jan and was told to cancel my DD. They replied with not their issue and i should contact the gym and i should re-instate the DD and pay the admin charge which i just cut the phone on him as he was very blunt!

 

I called my gym and spoke to another rep and this time it was a male, i explained the situation to him and he then went on to saying that i couldnt cancel over the phone and he doesnt know who i spoke to and i couldnt remember her name either. He told me the only way to cancel was online so i should re-instate my DD for the time being but i dont have the money so he said i should contact harlands about that.

 

i went online and again went through a cancellation process and recieved an email saying that i ahve to provide proof in which i did reply that i was not currently working and my mums medical issues and how we couldnt afford it.

 

On the 18th of march now i recieved a phonecall which i missed on my phone but still have the voicemail of from connor from rush gym who contacted my to say that i hope everything has gone well and my membership is cancelled and if i wanted to leave feedback.(i heard this voicemail late).

 

On the 23rd of march 2017 i then received another letter from harlands saying that they refer to me from their previous letter and my arreas have doubled to £85.98.... now im getting annoyed as hell! in the same letter it says and i quote word for word 'if you do not contact us by the 6th of april 2017 your balance of £193.92 will be passed on to a debt recovery company who will add their fees to your account.

 

So somehow the charges jumped from £85.98 to £193.92 if i didnt contact them. i tried calling a few times but no answer so again i got advice from other people and they said to just ignore them they cant do anything to you and all these charges are not enforceable by law!

 

Then the letter from CRS came on 25th april 2017 saying that they have been employed by rush fitness as my membership remains in arreas despite previous letter being sent to me and now they have are charging me £263.73.

 

Where do i stand now?

 

Any help is much appreciated and slick132 if your reading this i see you are the genie in these situations!

 

can post pics of letter in a PDF format if needed!

Edited by slick132
Please use adequate spacing so posts are easier to read
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Hi Adam and welcome to CAG

 

I've added better para spacing to your post so it's far easier to read.

 

Stay OFF the phone from now on. Speaking to the gym and Harlands/CRS will do you no good at all.

 

1. Have you made the gym aware that you cancelled because of you being made unemployed.

 

2. Has this been confirmed in writing at all.

 

I suspect you owe the gym one final month's fee as you have to give a months notice if cancelling due to unemployment. But you do NOT owe all the fees that Harlands/CRS want. We always challenge their admin fees.

 

I understand the issue with your mum and her unfortunate circumstances but this is not relevant to YOUR gym m/ship.

 

Read other threads here and you'll see that folk tend to ignore Harlands/CRS after initial contact and explanations.

 

:-)

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Hi Adam and welcome to CAG

 

I've added better para spacing to your post so it's far easier to read.

 

Stay OFF the phone from now on. Speaking to the gym and Harlands/CRS will do you no good at all.

 

1. Have you made the gym aware that you cancelled because of you being made unemployed.

 

2. Has this been confirmed in writing at all.

 

I suspect you owe the gym one final month's fee as you have to give a months notice if cancelling due to unemployment. But you do NOT owe all the fees that Harlands/CRS want. We always challenge their admin fees.

 

I understand the issue with your mum and her unfortunate circumstances but this is not relevant to YOUR gym m/ship.

 

Read other threads here and you'll see that folk tend to ignore Harlands/CRS after initial contact and explanations.

 

:-)

 

Thank you for reply it was very swift, i'll draft up a letter in regard to only paying one months membership which i will post on this thread, would this be directed to rush fitness, harlands or CRS?

 

Appreciate your help i really do.

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Dear Sir/Madam,

Membership at Rush Fitness, Uxbridge.

In the month of January 2017 I had contacted the gym in regards to cancelling my membership(due to unemployment), but the actions were not executed by the representative even though I was assured they would be and was given the instruction to cancel my direct debit.

However the actions were not carried out and my direct debit had been cancelled, upon phoning a second time and speaking to a representative of the gym I was told to cancel online. The cancellation was later done online and on the 20th February 2017 I received a letter from Harlands claiming the membership fee and administration fee of £25 which is outrageous.

As far as I was concerned my membership should have been cancelled in the month of January along with a notice period of 30 days and payment of one month’s membership.

I then received a further letter in March which doubles the arrears in the last letter thus bringing the total to £85.98 which is unacceptable as to my knowledge the membership is cancelled and the gym has acknowledged this and I have proof via a voicemail from rush fitness themselves confirming it. In the same letter I am told that if you do not contact us by the 6th of April 2017 your balance of £193.92 will be passed on to a debt recovery company who will add their fees to your account. So somehow the fees had jumped with ridiculous unexplained charges.

In April i then received a letter from a subsidiary of Harlands called CRS claiming the amount of £263.73 which is ridiculous.

I will not pay any Admin fees charged by HARLANDS or CRS but i am willing to pay £17.99 from the first original month of cancellation. My offer will expire in 14 days and i will not be paying anything after this deadline.

I will deal with this in writing to you only so please do not call or text me.

I only ask you to provide me with bank details in which I will send funds only amounting to £17.99.

Yours Faithfully,

Adam177

 

if someone could proof read this it would be much appreciated!

Edited by slick132
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Hi Adam,

 

That will do and send it to the gym. Get a free Cert of Posting at the PO when you send it.

 

Ignore demands from Harlands/CRS in the meantime and keep us posted.

 

:-)

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  • 2 weeks later...

Dear Adam177

 

Re: CRS Ref No: 8469136 / Rush Fitness Ref No: W13434112

 

Further to your recent correspondence regarding your account balance.

 

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

 

On 18th October 2016 you entered into a 12 month Membership Agreement with Rush Fitness. You agreed to pay £17.99 a month for a minimum period of 12 months.

 

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 for collection.

 

Please contact us within the next 7 days on 01444 449165 to discuss repayment of your balance.

 

Yours sincerely,

 

 

 

I need recieved this from CRS/HARLANDS via email i dont have any idea what to make of it...

Edited by slick132
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Please remove all identifiers you have left on that post, Harlands/CRS watch these sites and now know your next move.

 

IGNORE Halands/CRS, they are a powerless DCA.

 

Complain in writing to the gym, and the CMA about their abuse of customers details, and harassment from their employed third party monkeys.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Adam,

 

Identifiers removed from your last 2 posts. Please don't use your real name in any posts here.

 

I assume you've had no reply from the gym to your letter you sent them.

 

If that's the case, simply ignore the latest from Harlands/CRS but 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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