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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
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Fablewynd

Simply Gym/Harlands and accidental DD cancellation

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Good morning folks,

 

 

I'm getting in touch on behalf of my partner.

She signed up to Simply Gym back in August, who use Harlands as their money collector

 

She's just received an email this morning stating that she is £97.98 in arrears because a direct debit was cancelled and the last two payments of £25 have not been going through.

 

They also state that if the debt isn't paid by 14th November a debt of £313.89 (yes, £313.89!) will be passed on the a Debt Recovery Company.

 

They stated that they've been sending letters up until this point, but we haven't received anything prior to this.

 

 

Upon checking, it seems that the direct debit to Harlands was cancelled accidently back in September, and not because she wanted to cancel the membership.

 

We haven't used the gym during this time, anyway, so it's not like she's been using the facilities for free.

 

Is there any way she can just make the two missed payments for the service, and avoid paying all these ridiculous extra charges (£313.89..

, as there was no foul play here, it was a genuine mistake that the DD was cancelled.

 

 

Kind regards

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Yes simply write and offer it

But not any unlawful penalty admin fees

 

Just remember a DCA is not a bailiff

 

Does she want to remain a member?


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Yeah, she still wants to be a member; she didn't even realise it had been cancelled until she got this email today.

 

 

It's better the write to them than speak to them over the phone?

 

 

Kind regards

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Never phone nor email

Go read a few threads here first

 

I'd be very careful about resetting any DD to them

As they will grab that money the 1st chance they get


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Hmm, if that's the case what is the best way to handle it?

 

She never intended for the DD to not go through, or be cancelled so she still wants to be a member, but obviously doesn't want to pay £313.89 because of a mistake.

 

I guess we should get them to confirm they will only take the outstanding monthly payments and nothing else,

 

just so we have something we can fall back on if they do take it?

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await slick132 to pop in and advise

 

theres not rush.


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Hi FW

 

Never mind what Harlands say you need to pay by whatever date - they're full of Hot Air. The DCA they refer to is CRS who are, in fact, Harlands using a different letter heading !

 

Ignore them until we decide how you need to proceed.

 

1. Why was the DD mandate cancelled - intentionally or by mistake.

 

2. If by mistake, was this your fault or the bank.

 

3. Do you or your Partner want to remain members if the gym agrees to this.

 

:-)


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Good morning Slick,

 

 

The DD mandate was cancelled accidently, as my partner was going through her DDs, clearing out old ones, and saw this one from Harlands and didn't recognise it (since she wasn't aware Harlands was in fact Simply Gym,) so she cancelled it. She still wants to be a member of the gym, and if she realised that the DD was for the gym she would never have cancelled it.

 

 

Kind regards

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Hi FW,

 

Ok, tell her to go to the gym with a letter saying she wants to continue as a member but she will NOT pay unlawful penalty fees charged by Harlands. She only cancelled the DD as it was to Harlands and, if she realised it was for her Simply Gym m/ship, she'd never have cancelled it.

 

Tell the gym they need to tell Harlands to waive or withdraw any admin (penalty) fees they're trying to charge. She will only reinstate the DD mandate when she has the gym's assurance Harlands will not use the DD to take unlawful admin/penalty fees.

 

If they fail to give this assurance and allow Harlands to try to collect unlawful penalty/admin fees, she considers the m/ship terminated immediately due to the gym and Harlands breach of contract.

 

If she wants help with the letter, we can do that. :-D

 

:-)


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Hey Slick,

 

 

That definitely seems like the best way forward. Is there already a template for a letter like this somewhere?

 

 

Kind regards

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No template but you need simply say what I put above.

 

Put your draft here first and I'll check it over.

 

Keep it v short and leave out any unnecessary detail.

 

:-)


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Here is the letter we have drafted:

 

 

Dear sir or madam,

I refer to my membership at Simply Gym in Uxbridge.

I have been informed by Harlands that my direct debit was cancelled, and that two months’ worth of membership payments have not been taken. In addition to this, they are adding unlawful penalty fees charged by Harlands themselves on top of this. They are requesting that I set the direct debit up again so that they can take the entire sum.

I cancelled my direct debit accidentally as the direct debit was named as Harlands, and I was unaware that Harlands was working on behalf of Simply Gym. Had I realised that this direct debit was for my gym membership I would never have cancelled it, as I am happy with the gym and still wish to remain a member. I have not used the gym during the period of time that has not been paid for, so I have not been using any service at Simply Gym without paying for it.

As such, I am writing to you to advise Harlands to waive or withdraw any and all admin penalty fees that they are attempting to charge, so that I may set up the direct debit again to pay for my membership without fear of additional fees being taken. I will only reinstate the direct debit mandate when I have Simply Gym’s assurance that Harlands will not use the direct debit to take unlawful admin/penalty fees.

If you cannot give assurance that only the membership fees will be taken, and if you allow Harlands to collect unlawful admin/penalty fees, then I consider my membership terminated with immediate effect due to the gym and Harland’s breach of contract.

Kind regards,

 

How does this look?

 

 

Kind regards

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Hi FW,

 

I'd shorten it as follows :-

 

Dear sir or madam,

 

I refer to my membership at Simply gym in Uxbridge.

 

I cancelled the DD mandate to Harlands as I was reviewing my DD's and had no idea who Harlands were.

 

Harlands has said that, because my DD was cancelled, they require the missed gym fees PLUS their own admin fees which are unlawful penalties. So they want me to reinstate the DD mandate.

 

I want to remain a member of your gym but I will not pay the admin fees Harlands are trying to add.

 

If you confirm to me in writing that Harlands will waive their admin fees, I will be happy to sign a new DD Mandate to continue my membership.

 

If you allow Harlands to continue to demand unlawful admin fees, I will consider our relationship terminated due to Harlands failure to treat me fairly.

 

Please reply within 14 days and instruct Harlands to NOT make any further demands.

 

Yours faithfully,

 

:-)

Edited by slick132

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