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    • Email and call your local councillor, their details should be on Google.  Just explain everything to them and they will have the bailiffs off your back in short order.   Do it now, and this could be resolved by tomorrow.  
    • Your latest ramblings make no sense in relation to the issue (which is whether a person hearing an SD can question the maker as to its truthfulness and reject the declaration if they are not satisfied as such).     It's not within 21 days of the hearing it's within 21 days of learning of the conviction of which they were unaware. I don't know what it is you are reading or are referring to but there is no "debtor" involved in an SD that is made to have a conviction set aside. When an SD is heard in court the only officers involved are the court's Legal Advisor and the Magistrates themselves.   I’ve just been looking back at the original post which started all this off to ensure I wasn’t going mad. I’m pleased to say I don’t think I am. Instead I am of the opinion that you did not properly grasp what originally happened to the OP and compounded that by providing incorrect, misleading and confusing advice whilst plucking bits of irrelevant legislation from thin air randomly when you commented. Here’s a few of your quotes and my comments for you to consider.     The OP said no such thing. She said she had moved three years earlier. For some reason unknown, her change of address was not recorded by the DVLA. She said she was happy to accept the speeding allegation. This indicated she was driving (a fact she confirmed absolutely soon afterwards). Nowhere did she ever say she was not the owner of the vehicle at the relevant time.         So, from advice to plead Not Guilty to advice to plead Guilty inside two hours, with no new or additional information provided. Still you mention somebody else being the driver.         What is an “out of time statement” and where and when was one ever mentioned?     Then from the OP:       Your response:       The cause of any confusion was your comments. She said from the outset that she did not live at her old address when the offence was committed (in fact she went to some lengths to explain that was why she did not receive the court papers). Nowhere did she suggest she was not the driver nor that she could not or would not disclose who was.     No it isn’t. A Statutory Declaration voids the original conviction as if it never happened. Section 142 of the Magistrates’ Court Act is not involved with the resurrection of proceedings following an SD. That Section grants the Magistrates powers to re-open cases to rectify mistakes, etc. There has been no mistake here, the Magistrates will not be called upon to re-open the case and could not prevent it being revisited even if they wanted to.   Then we set off into the intricacies of the Statutory Declaration process which is covered above.   I’m not surprised the OP in this particular case became confused. Her matter is straightforward enough (for those who know the law and the process). In summary: She moved; She thought the DVLA had her vehicle registered at her new address but they hadn’t; Her vehicle (with her driving) was detected speeding; She (unsurprisingly) did not receive the notification of that offence or the request for driver’s details; She obviously didn’t reply to that request, she was prosecuted for it, convicted in her absence and without her knowledge.   Happens every day and simple to deal with.   Unfortunately, not when you became involved it isn't. Firstly you grasped the wrong end of the stick by assuming she was not the owner and/or the driver. You advised her to plead Not Guilty on that basis. Then, when you had grasped some idea of what had really happened you suggested she plead guilty to the S172 offence purely on the basis she had moved and the speeding information was sent to her old address. Very poor advice. Then you scared her witless by incorrectly suggesting there was a chance her SD would be rejected if it was thought her declaration may be untruthful. There also followed discussions about the six month time limit for prosecutions and the 21 day limit for SDs to be accepted unconditionally (both totally irrelevant).   I don’t suppose you will accept any of these criticisms but whether you do or not you clearly caused the OP considerable confusion and probably distress. My comments are not based on something I've heard on the net or on barroom (sic) knowledge. They are based on my knowledge of the law and of Magistrates' Court procedures.  It's obvious you will pay no heed to me so when I see any such clearly misleading information provided to an OP by you in this section in future I will simply report it to the site's administrators.
    • Just ignore unless you receive a PAP letter.    Chances are you will run out the clock and it will become SB'd.    
    • Sure I read somewhere that PayPal MADE 2.2 billion dollars in 2018, so I guess losing out on say 10 million a year in negative balance is more cost effective than paying tax in the UK?  Dont get me wrong I’m by no means saying “sod it” they can afford it, I’m just hoping they don’t take me to the cleaners and at least give me time. 
    • I apologise profusely for my actions in this case. I pride myself on my integrity and honesty and I feel shameful for my moment of very poor judgement. As the sole income earner for the family (my wife is on maternity leave), a criminal record would be devastating for us as my employment relies upon a clean criminal record.   On the 22nd I was travelling to London Bridge and needed to connect at Three Bridges. When purchasing my ticket in the morning I only bought a ticket to Three Bridges by mistake.   I made a bad error and I am just so sorry for my actions and the inconvenience caused to all involved.   I am happy to make immediate payment of the unpaid fare and any incurred costs that my mistake have caused.   I would appreciate your consideration and I sincerely hope that you can show some leniency as an criminal conviction would impact my employment and ultimately being able to provide for my family.   Regards   I cant offer to get a monthly ir annual as I only travel a handful of times per year.
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Ross123456

Another Xercise4Less/Harlands

style="text-align:center;"> Please note that this topic has not had any new posts for the last 623 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Hi,

 

joined an Xercise for less gym around a year ago and was paying the peak membership of 19.99 a month with one month notice period.

 

I had actually joined another gym and forgot to cancel the direct debit.

I then took cancelling the direct debit would mean that my membership would automatically get cancelled.

 

Recently I received a letter from Harlands saying that my August direct debit had not been received and they are charing me an administration fee of £25.00 which means in total they are saying I need to pay £44.99 to get my account in line.

 

They also said that if I did not pay this by September 25th that I would be charged an additional £25.00.

I have tried phoning them to resolve this which re-directed me to the Xercise4Less website.

 

filled out their cancellation form

they have now sent me an email saying they can't find my details and asked me to respond with other details which I have.

 

I haven't received a response in this, which would seem odd for a company that apparently am I in debt too.

 

I accept that I should pay the month of August as it is a one month termination clause but I don't see why I should be paying extra admin fee's that they are adding without explaining why.

 

I also cannot get a hold of a real person on the phone, it just goes to an automated voicemal for xercise for less cancellations and re-directs you to their website.

 

What is the best approach to take here as I don't want my credit rating to be affected?

 

Thanks for any advice/help

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Hi Ross and welcome to CAG

 

See this post and follow the link to find one of my drafts - https://www.consumeractiongroup.co.uk/forum/showthread.php?481678-Another-HARLANDS-CRS-Thread-After-cancelling-gym-membership&p=5065382&viewfull=1#post5065382

 

Stay OFF the phone as this will get you nowhere. No email contact either. Letters only.

 

Keep us posted.

 

:-)


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Will be sending this out in the morning. Thanks for the help folks, will let you know how it goes.

 

Dear Sir/Madam,

I refer to my membership at Xercise 4 Less gym in 200 Sauchiehall St, Glasgow Metropolitan Area G2 3DZ which was a month to month agreement.

 

I cancelled my direct debit mandate in August but realise now that I should have given 30 days notice to cancel my membership via the online web form. I completed the online webform for cancellation on the 21st of September and so I am now offering to pay £39.98 to cover both August and September monthly fee’s (19.99 for each month).

 

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 £39.98 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,

 

Ross

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Hi Ross,

 

I've removed your surname, no sure it'll make much odds but better being on the safe side.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Ah thanks, I never even noticed that! Copy paste error.

 

:thumb:


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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No !!

 

The effective date you gave notice to cancel was when you cancelled the DD mandate - in August.

 

You don't have to use their online system to cancel. You can cancel in many ways, not just how the gym or Harlands say.

 

Use this revised letter :-

 

Dear Sir/Madam,

 

I refer to my membership at Xercise 4 Less gym in Sauchiehall St, Glasgow which was a month to month agreement.

 

I cancelled my direct debit mandate in August but realise now that I should have given 30 days notice to cancel. Cancellation of the DD mandate was adequate notice of my wish to cancel.

 

So I now offer to pay £19.99 for the notice period.

 

I will not pay you any administration or cancellation fees.

 

If you confirm in writing that you will accept the amount of £19.99 in full 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 higher amount, I will pay you nothing and my offer will be withdrawn.

 

Yours Faithfully,

 

Ross

 

:-)


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No !!

 

The effective date you gave notice to cancel was when you cancelled the DD mandate - in August.

 

You don't have to use their online system to cancel. You can cancel in many ways, not just how the gym or Harlands say.

 

Use this revised letter :-

 

Dear Sir/Madam,

 

I refer to my membership at Xercise 4 Less gym in Sauchiehall St, Glasgow which was a month to month agreement.

 

I cancelled my direct debit mandate in August but realise now that I should have given 30 days notice to cancel. Cancellation of the DD mandate was adequate notice of my wish to cancel.

 

So I now offer to pay £19.99 for the notice period.

 

I will not pay you any administration or cancellation fees.

 

If you confirm in writing that you will accept the amount of £19.99 in full 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 higher amount, I will pay you nothing and my offer will be withdrawn.

 

Yours Faithfully,

 

Ross

 

:-)

 

Will change it to this and send in the morning.

Thanks :-)

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Letter has been posted for recorded delivery this morning.

Will post an update once I get a reply from Harlands.

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I just arrived back from Holiday and have now received another letter that has been dated 30th September from Harlands. They are now saying that the September installment of my membership has been missed and an additional admin fee has been added of £25.00 which takes my account owed total to £89.98.

 

The letter is stating that if I do not contact them by 10th October then my details will be passed to a debt collection agency which may incur larger charges. (I'm assuming this is going to be the CSR of the trifecta? I was on holiday and checked my mailbox before I left 5th October and had received no such letter, so seems a short window to demand a payment from).

 

They sent me a few emails regarding the letter I sent them saying that they would remove one of the admin fee's as a gesture of good will but my total owed is still £64.98 and that I cannot cancel until I pay this and that I need to re-instate a direct debit.

 

This all seems a bit dis-jointed to me with different amounts being asked for by email and letter. Is it always this much of a mess with this company?

 

Currently I have not replied to any emails or letters, should I send a reply for the moment or just leave as is?

 

Thanks for any help

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Hi Ross,

 

You made a reasonable offer which they were too greedy to accept. The admin fees they try to charge are not enforceable and they know it !

 

You now have no need to reply or contact them in any way at all.

 

Keep us posted about further contact from Harlands/CRS, Zinc Group, or anyone else stupid enough to get involved with their pathetic demands.

 

:-)

Edited by slick132

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So today I received an email from Credit Resolution Services which was attached to an email as a PDF.

I have not received any letter in writing through the post.

They are now saying that I need to pay £237.47 as an additional £102.50 have been added as admin fee's.

 

Looking at the letter, it is addressed to an old address not my current one.

 

I haven't replied to the email and have no idea if they have sent a letter as I currently do not stay at that address.

 

Should I continue ignoring here as I have been doing? This is the first I have heard from them in around a month.

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as post 11


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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Hmmm, what date is the copy letter attached to the email.

 

If they're using an old address, reply by email saying :-

 

I refer to your email of 9th November and must confirm my postal address for all communication is :-

 

Your

Present

Address and

Postcode

 

Write to me here if you wish but I will pay you nothing as per my last letter.

 

Just in case they tried using the old address for an attempt at court. This is highly unlikely but best to cover your back.

 

No need to say anything more than that.

 

After that, you can ignore their demands.

 

:-)


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Received another letter from CRS today, this one dated 19th of October which is before the date they attached the letter in the email.

This one is asking for £109.20 and should be paid by 29th October or they are threatening legal action.

 

This seems a common theme with them, send out dated letters that have payment dates befre the letter is received.

 

Will be ignoring as I have already sent a response as per Slick above to the letter attached to the email.

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Hi Ross,

 

There's no common theme with Harlands/CRS about letters and dates.

 

Their only common theme in my opinion is they harass gym or ex gym members for gym fees or admin fees that are neither payable nor enforceable.

 

So ignore this latest demand and wait for their specific reply to your letter to them.

 

:-)


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Got another email today from CRS asking for £237.47 despite me asking them to keep all correspondence to letter, nothing different in it than any of the other letters that I've received.

I'm assuming ignore?

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bounce it back.

dx


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

spreadsheets 

 

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Defo do not reply to them.

 

:-)


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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Been receiving lots of texts and calls (which just leave a message saying it's absolutely urgent I've to call them) from CRS.

Haven't replied and continuing to ignore.

Daily calls and texts are becoming extremely irritating though.

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just log them all

could be useful for an harassment complaint


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

spreadsheets 

 

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Hi Ross,

 

DX is right - keep a log of every contact they make noting the time, date and type of contact.

 

If you get fed up, you can write to them threatening action against them.

 

If you want to try writing to the gym's HO, let us know and I'll source or draft a letter you can use.

 

:-)


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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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Received another email today threatening that they will pass my details to debt collection agency Zinc Ltd. Still continuing to ignore. Having read the threads on here I'm assuming ignore Zinc when I get I contacted who will eventually then pass back to CRS?

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Yes Ross,

 

Zinc will drop it like a Hot Potato when you ignore them.

 

Continue to ignore ...........

 

:-)


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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