Jump to content


  • Tweets

  • Posts

    • Hello. I feel this may be considered to be a petty complaint on my part but would really appreciate views and insight please and I promise to wear my big girl pants and not take offence.  I have lived in my home since 1986. My neighbours moved in a year or two afterwards. In November 2013 I had solar panels installed optimised individually by solar edge and the panels are meant to be ' self cleaning'.  On Wednesday 21.8.19, my semi detached neighbours had a new TV aerial and a satellite dish fitted. It's near to my boundary wall,but clearly fitted on their own wall. I did not look out while his installer was working and did not know what had been done till I went to the front door to see what all the drilling was about then later to get washing in and saw the items on a flex pole. My issue, and this may be where you say I'm being petty, is that the  aerial is angled back and is over my airspace and sitting over my end solar panel. I went next door and told my neighbour my concern about birds sitting on the  aerial and guano issues as well as shading potential interns of the panel.  He said he'd ring the installer. Next morning, he is cleaning in his garden. I saw him and asked if he'd spoken to his installer. He said yes and the chap couldn't get back for 2 weeks.i asked if it could not be sooner, could the aerial not just be slightly moved when the discussion became heated. He said I had no rights to the space above my roof, I had to look at other aerials In the immediate area and he'd taken pictures and would do something if birds mucked Inthe panels and if it was him, he would have bought panels from a company who visited to clean them. I told him I fully appreciated the signal issue but asked could he not have the aerial on the chimney as I do and he told me not to be stupid as he had a dish as well and dishes cannot go on a chimney. I told him I was aware of this. He was by now shouting at me to listen and as I said, it became heated. He then said if I thought the air above my homeward mine I could sort the issue and he would cancel the installer call back. I rang his installer. My neighbours had not recontacted him. He asked if my concern was birds pooping on my panels  and the metal Ariel shadow would have no impact on panel generation and he would ring my neighbour. I am on my own and hate conflict and feel a little intimidated, but am also sure I've done nothing wrong. He told me it was my responsibility to have come out as the work was being done. So, please be frank, am I being petty? Should I just live with this ? I'm aware neighbour issues can escalate and have no desire for that, I just want the darned thing angling slightly away from my solar panel. My aeriels are the chimney ones...his is the new one at the front aspect. Thanks for reading this. 
    • Sorry I should have seen that. Vcs always reply to SARS at the very last minute 
    • Sar(email to VCS) went on 07/08/19 and CPR letter went on 14/08/19 to dcb legal.
    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 310 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.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

Joined Lifestyle Gym last year. Paid a few months and only went once! My own fault, I just didnt have the time to go so I cancelled my direct debit.. Silly thing to do I know but I'm not refusing to pay.. I have the following breakdown from CRS of what I owe:

 

- £113.33 - Membership Fees, due under the terms of your Membership Agreement (DEC 2017 onwards)

 

- £50.00 - Administration Charges, incurred due to missed payments in December 2017 & January 2018

 

- £66.50 - Recovery Fee, incurred as the file was passed to CRS (both applied under the terms of your Membership Agreement)

£229.83 – YOUR ACCOUNT BALANCE

 

I am by no means refusing to pay but I just wondered are the fees they have charged here enforceable.. I have had a look around the forum and I don't think they are. If they are then of course I will pay but just wanted to check before I do.

 

Thank you

 

Tink

Share this post


Link to post
Share on other sites

no don't pay those

if anything you simply owe 1 month membership fee following the DD cancel.

 

use the slick132 letter on many threads here and offer THAN ALONE.


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 

 

Share this post


Link to post
Share on other sites

Thanks for your reply! Do I not owe them the £133.33 for the full membership fees though? They are saying:

 

On 17 JUL 17 you entered into a Membership Agreement with Lifestyle Fitness. You agreed to pay £16.19 a month for a minimum period of 12 months.

 

As your minimum term of payments was 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.

 

Thanks again

 

Tink

Share this post


Link to post
Share on other sites

As post 2


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 

 

Share this post


Link to post
Share on other sites

Hi Tink,

 

Have a read of the guide here - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!&p=4795305&viewfull=1#post4795305

 

Then let us know if there were any of the 4 circumstances that would enable you to cancel, eg moving home or work, redundancy, etc.

 

If so, give us brief details.

 

If not, when did you join the gym and was it a 12 month m/ship agreement.

 

One option (if other options aren't available to you) is to offer to catch up the missed payments if Harlands/CRS agree to NOT charge any admin fees. When they refuse to do this, I'd simply refuse to deal with them as the admin fees they seek to charge are unlawful and unenforceable.

 

:-)

Edited by slick132
added link

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 !:-)

Share this post


Link to post
Share on other sites

Hi Slick,

 

Thanks for your reply..

I have had a look at it and I don't meet any of the criteria of the four options.

 

. I joined in July 17 and it was a 12 month membership.

 

I have offered to pay the outstanding balance not including the admin charges and they have replied with:

 

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 at which point you became responsible for our collection fees.

 

These charges have been added to cover actual and necessary costs incurred because of your breach of contract, and are stipulated within the terms of that contract.

 

It is our position that our charges are lawful and in line with all relevant guidance.

We may, in some circumstances, be able to negotiate a reduction on these charges, but will not accept any offer of payment that gives no consideration to the costs these charges cover.

 

For the above reasons, we shall be pleased to negotiate on this sum, taking into consideration your concerns, but cannot accept your offer to pay just the remaining membership fees as sufficient to settle this balance.

 

I guess I should refuse to deal with them now until they agree?

 

Thanks Tink

Share this post


Link to post
Share on other sites

correct!


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 

 

Share this post


Link to post
Share on other sites

Hi Tink,

 

I think it's a bit too early to ignore Harlands/CRS and I suggest you put your case on a stronger footing. Explain your position clearly to Harlands/CRS, about why you will not pay their admin fees and how their demands are unfair to you as a customer - causing you to withdraw from the m/ship due to their behaviour. I suggest you send Harlands a typed letter as follows :-

 

Dear Harlands/CRS,

 

Membership at Lifestyle Gym, [town/city]

 

I realise I should have discussed with Harlands or the gym my wish to cancel my membership before I cancelled the DD mandate. Accordingly I am now willing to pay for the missed monthly fees and bring the payments up to date.

 

I will not, however, pay any admin fees to Harlands/CRS. I believe such fees are unlawful and unenforceable. I also challenge the £66.50 Recovery Fee for "the file being passed to CRS" when Harlands and CRS are effectively one and the same.

 

I therefore now offer to pay you the monthly fees to bring the membership up to date and I will reinstate a monthly DD. Let me know the bank account details and payment reference within 14 days and I'll pay you.

 

If you fail to accept my offer within 14 days or demand any higher amount, my offer will be withdrawn and I reserve the right to cease communication with Harlands/CRS.

 

Yours faithfully,

 

Get a free Certificate of Posting at the PO when you send this.

 

Ignore any calls, emails or demands from Harlands/CRS and keep us updated.

 

:-)

Edited by slick132
typo

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 !:-)

Share this post


Link to post
Share on other sites

Hi Everyone,

 

Just an update, sent an email along of the lines of what you sent to me slick and they have replied saying seen as though I am not willing to negotiate on the fees/charges I have 7 days to contact them.

 

I did offer a reasonable amount each month to clear the outstanding membership balance but they are not compromising on the fees/charges.

 

This was sent by email by the way as it was the most convenient and quickest way to contact them for me.

 

Shall I now advise them I will only respond in writing through the post?

 

Thanks for all your help :)

Share this post


Link to post
Share on other sites

You ignore everyone totally now

 

It would be better if you sent EXACTLY and only what slick wrote by 2nd class with free proof of posting from the po counter


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 

 

Share this post


Link to post
Share on other sites

Hi Tink,

 

Your email communication has prompted them to just fire an email back - the letter would have been better.

 

In any event, as DX says, simply ignore them now, exactly as you told them (I hope) in your email.

 

No need to reply to Harlands/CRS and doing so will simply encourage them further.

 

Although you had no right to cancel when you did, you can now withdraw from the agreement on the basis of Harlands attempt to charge you unlawful admin (penalty) fees.

 

:-)

Edited by slick132

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 !:-)

Share this post


Link to post
Share on other sites

Hi All,

 

Sent a letter with what you said to say Slick. Got an email reply from them - just stating 'as per previous correspondence our position remains the same' .

Not replied via email and dont intend to. Shall I send another letter?

 

Thanks

Share this post


Link to post
Share on other sites

No ignore them now

Block and bounce back their emails


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 

 

Share this post


Link to post
Share on other sites

As DX says, no letter or email now - just ignore them 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 !:-)

Share this post


Link to post
Share on other sites

Hi Guys,

 

 

Just thought I would update you as its been a few months now. I have been ignoring them as you both suggested. They keep emailing and texting asking me to contact them and offered me a 20% discount if I pay in full today. Obviously not going to happen - do I still keep ignoring.

 

 

Thank you :)

Share this post


Link to post
Share on other sites

Yes, absolutley.

 

Ignore !!

 

:-)


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 !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...