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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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dancooper90

xercise4less strikes again

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hi,

 

i had a membership with xercise4less in late 2014/early2015.

i was sold this membership with the understanding that there was no contract and that it was a flat rate of 9.99 per month and that cancellation was simple.

 

i used the gym for a few months and then was due to be out of the country for the best part of a year on ops at with work.

 

i called the gym and asked if i could cancel my direct debit and that id restart when i got home.

i was told that this wasnt an issue and my membership was terminated and that was that.

 

a few months later i realised that the money was still being withdrawn from my account

i called again and again i was told

' yes, cancellation is confirmed'.

 

a few months after this,

the money was still being withdrawn from my account and at this point i cancelled the direct debit.

 

i heard nothing after this.

until i got home to some red headed letters from harlands and crs demanding over £200 in unpaid fees and admin fees.

i tried to dispute this but received no reply from xercise4less

 

i reluctantly paid it (early 2016). id heard nothing since.

 

The past few months ive been hounded by crs with calls, emails and letters demanding almost £200 in unpaid membership fees.

 

after explaining and them confirming that i had already paid these fraudulent fees,

i was told that i still had to pay as there was still a contract.

 

i called xercise4less and was told that i hadnt been active on their system since mid 2015 and they would try and sort it.

 

i heard nothing for a few weeks assumed it was done with.

 

a few days ago i got an email from crs demanding money

 

i emailed xercise4less again and have been completely ignored but im still recieving voicemails etc from crs asking me to set up a payment plan...

 

**crs**

I have emailed the manager at xercise4less, again.

I am trying to sort this as fast as possible but as usual, they appear to be using their usual tactic of ignoring people until they give in and pay.

 

I am only one of hundreds of people that have fell victim to their staff incompetent, fraudulent business and complete lack of moral fibre.

 

I will be in contact as soon when/if they decide to speak to me.

 

From:

Sent: 19 February 2018 11:13

To:

Subject: CRS Ref No: ,,,,,,

Dear Mr ....

Re: CRS Ref No: ..../ Xercise 4 Less Ref No: ......

 

Further to your recent email,

It is true that you have not had a contract with them for a number of years,

but this debt has been outstanding for a number of years.

 

We have been passed your file by Xercise 4 Less in regards to unpaid arrears due under the terms of your Membership Agreement.

 

On you entered into a Membership Agreement with Xercise 4 Less.

You agreed to pay £9.99 a month and give a months notice when you wished to terminate your Agreement.

Xercise 4 Less have not received the relevant notice from you to cancel your Membership, but payments stopped in Autumn 2015.

 

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.

 

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

 

Yours sincerely,

 

David Castle

 

Collections Department

 

 

**xercise4less emails**

 

 

I’m still receiving emails from this debt collection agency.

As said in my previous email,

I had already paid an ‘outstanding balance’ of over £200.

 

I had been told by your reception staff numerous times that my contract was cancelled.

Can you please contact me regarding this.

 

I know I am only one of hundreds of people that are in this situation, brought on by what I can only assume is staff incompetence.

 

As such an amount of time has passed, I can only hope that the current staff has had proper training to stop this fraudulent behaviour happening to other people.

 

Please reply asap as I am being hounded for money that I have already paid, for a contract that has been cancelled for 3 years.

 

Many thanks

 

thank you if youve taken the time to read this far. all suggestions and advice are greatly appreciated.

 

many thanks

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IGNORE CRS, completely they've already stolen £200 off you!!!

 

Kick this gym in to touch, complain as much as your'e able, get onto social media and embarass them on there, twitter, FB etc.

 

Lodge a formal complaint with the CMA about this clown outfit and their ''customer care''.

 

DO NOT pay them anything again.

 

IGNORE toothless CRS and hammer X4L, go after the gym manager, and escalate it to his manager.


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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thank you for such a timely response.

 

i had already spoken to the manager at the hull branch and he said there must have been a mistake as my membership had been inactive for almost 3 years.

i was told to leave it with him and itd be sorted.

 

i didnt hear anything for a while, assumed it was settled

 

now im being bombarded with calls and letters from crs again.

i have since tried to call and email the manager again but in usual xercise4less fashion i have been completely ignored.

 

the reception staff are woefully incompetent and the whole xercise4less franchise are fraudulent, morally bankrupt con artists.

 

When i spoke to crs previously they said they were aware that i had already settled it and they were not obliged to give me statement proof of this and that this new debt was for further membership fees to present...

 

Dear Mr Cooper

 

Re: CRS Ref No: ... / Xercise 4 Less Ref No: .....

Further to your recent contact with CRS.

 

We refer you to our previous correspondence and our position remains the same,

you continue to have an account balance of £171.47.

 

Please contact CRS directly on 01444 449165 to discuss your account within the next 7 days.

A suitable resolution can be organised.

 

Your membership with Xercise 4 Less has not been resolved correctly and your account balance remains payable.

 

Our lines are open 08:30am - 6:00pm, Monday to Friday.

 

Yours sincerely,

 

Nick Bright

 

Deputy Collections Manager

 

another email now

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Ignore them.

 

Pay nothing.

 

Keep a diary of events with a view to reporting the gym for the criminal offence of harassment.

 

Any emails CRS send, mark as junk and bounce them back.

 

Text messages 'forward' them to 7726 (SPAM on your phones keypad)

 

Letters, stamp with date received, read, laugh, file away.


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 Dan and welcome to CAG

 

If you came here earlier for advice, you'd have told Harlands/CRS to swivel !!

 

They've conned you out of money already but you don't need to pay a penny more !!

 

Take time to read other threads here and you'll see Harlands/CRS spout hot air, hoping to con folk into paying their alleged gym fee and admin fee dues.

 

Do NOT speak to Harlands/CRS again for any reason.

 

I suggest you now email the manager at Hull X4Less saying, "Unless you now tell Harlands/CRS to back off immediately, I will take court action against X4Less citing Harlands/CRS as co-defendants, for harassment."

 

Let us know how they respond and please read other threads here for more info or examples.

 

:-)


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quite honestly i'd consider doing a DD guarantee reclaim against you bank for those payments taken after your cancelation...


please don't hit Quote...just type we know what we said earlier..

 

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Good afternoon

 

Thank you for your email

 

I have now advised CRS to stop pursuing you for arrears, It can take them up to 5 working days to receive and action our requests, please ignore any correspondence regarding arrears within this time frame.

 

Please take this email as confirmation for the cancellation of your membership.

 

Kind regards,

 

Willow

 

On 19 February 2018 at 13:42, wrote:

 

Hi, I had a membership with the hull branch of your gym chain in 2015.

I was about to be out of the country on deployment for over a year so I called to cancel my membership.

I was told that this was fine and money would no longer be taken from my account.

 

A few months passed and I realised the money was still being taken from my account.

I again called the hull branch to question this and was told again that they had confirmed cancellation and that was that.

 

After returning to the uk, I arrived home to a pile of letters from crs/harlands debt recovery agency demanding over £200.

I tried to dispute this but was completely ignored by the staff at xercise4less, hull.

Eventually, I reluctantly paid the money and thought that was the end of it.

 

I hadn’t heard anything at all for almost three years, when suddenly I got a phonecall from crs demanding almost £200 again in unpaid membership fees, which I had cancelled 3 years prior on more than one occasion and also already paid over £200 to this company to save myself hassle.

 

This is amongst many emails that they keep sending me.

I spoke to the manager at xercise4less hull when I first started getting these emails, letters and constant calls again and he told me that my file had been inactive since mid 2015 and was certain there was some kind of mistake.

I heard nothing more for a few weeks so I assumed it had been dealt with and resolved.

 

I have since emailed the hull branch numerous times requesting an end to this but I have had no response.

Also, calling the gym has been unsuccessful as the manager is never there to take the calls and the staff seem to have no idea how to deal with basic customer enquiries.

 

I can only assume this constant barrage of calls and emails accounts to harassment and I hope there is a reason for the complete lack of communication with the staff at the hull branch and that its not down to staff incompetence in anyway.

 

Could you please get in contact with me as soon as possible regarding this issue as this agency is driving me insane.

I have already paid unnecessary money to this agency and I cant see any reason whatsoever as to why I should have to pay it again after my membership being inactive for 3 years.

 

I have attached the latest email from CRS.

 

Thanks in advance for any help you may be able to give.

 

recieved this after contacting head office.

 

unsure of whether to try and claim the money back or just forget about it.

as the cancellations were made over the phone i have no evidence of it.

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cant see why not


please don't hit Quote...just type we know what we said earlier..

 

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Sorry but I disagree.

 

The DD's were paid because you failed to cancel the DD mandate.

 

You then went on to pay more to Harlands/CRS in the belief you owed them money and had to pay it.

 

If you wanted a refund of DD's paid under the DD Guarantee Scheme, you should have claimed this long ago. I would put this down to experience and read this about cancelling in future - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!

 

I'd be happy that X4Less have called off Harlands/CRS and they'll not trouble you again.

 

Read the link above to avoid similar problems (gyms or other subscriptions) in the future.

 

:-)


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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