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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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annieb_101

Hello 😊 another X4L / Harlands / CRS poster

style="text-align:center;"> Please note that this topic has not had any new posts for the last 466 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

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Hi

 

Only signed up today but I've been reading quite a few posts.

Can't wait to use Slick132 letters in regards to Harlands / CRS.

 

How am I best starting the letters as they don't have my correct email or even my address (never moved yet never received any letters they've said they've sent me)?

 

Thanks Annieb_101 x

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Moved to the gym forum


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Ignore

Stuff all they can do


..

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Backstory ...

 

I had signed up for a 12 month NHS offer with X4L at £1 per month.

I only went to the gym once but kept the contract going until the 12 months were up.

 

I then forgot to cancel so actually paid an extra 3 months at £9.99 (no further contract).

 

When I realised this I cancelled my DD through my bank,

I realise now I should have given 30 days notice.

 

I contacted X4L when I first received the "your account is in default " message and they told me I had an admin fee to pay!!!

 

From then on I've ignored everything and only ever received phone calls and texts, no emails or letters.

 

My question is so I need to check they have my correct address before sending them a letter offering my notice £9.99 payment?

 

Thanks x

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Well you could

But imho you had no need to pay those 3 £9.99 payments.


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I'm not going to get it back so I'm not bothered about that. Do I still need to give notice if a new contract hasn't been signed or even seen? X

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Whos says you cant get it back?


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Ooh ok .... never thought about that, any advice on how I'd go about that? Thank you x

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Chargeback from you bank or dd guarantee


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You say 12 mts

What did it say the terms were after that 12 mts!


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I genuinely have no idea, I signed up over 15 months ago and planned on cancelling after the £1 pet month had finished x

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Hi Annieb and welcome to CAG

 

Sorry but I think you have no right to reclaim the DD payments of 29.97 paid since the m/ship went beyond the initial 12 months.

 

If you wanted to cancel, you should have given notice in the last of the initial 12 months. You didn't so the gym was right to treat the m/ship as an ongoing rolling monthly agreement.

 

Use one of my drafts to offer a final 9.99 which you now realise you should have paid before stopping the DD's. Once they refuse to accept your offer, you can simply ignore them.

 

Get a free Cert of Posting when sending the offer letter.

 

Put the draft here for checking first if you want.

 

:-)


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Thank you,

I presumed that.

 

Yeah I have the drafts saved, who do I send them to, X4L or Harlands? Thanks x

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Harlands at their Haywards Heath address.

 

The letter goes to them by post as per other threads and don't speak to the gym or Harlands/CRS by phone for any reason; no emails either.

 

No contact apart from the 14 day offer letter.

 

:-)


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Hi,

 

I eventually got round to sending the letter and CRS replied bang on the 14 day mark saying they won't accept the £9.99 offer. I sent the letter to Harlands but didn't hear from them.

 

CRS have since posted me another letter and attempted to contact me several times.

 

Where do I go next?

 

Thanks Anna

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Ignore. They've had their chance. You'll get 1 or 2 more letters then they'll stop


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi,

 

I'm still being hounded and I'm getting pretty worried by this as they're threatening legal action. What will happen next?

 

Thanks,

20181011_224202.jpg

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Read it properly and the advice already given

Doesnt say will anything

And its from a dca

Not the gym


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Hi,

 

Sorry what do you mean by "doesn't say will anything"

 

Still really new to all this, kinda hoped they would have accepted my payment offer and buggered off

 

Thanks

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Then you need to read other threads

 

Now go back and read the letter PROPERLY

Where does it use the word WILL?


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Had to hide your upload

Name showing....


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Ah okay thanks, thought I blanked everything out.

 

They've said that they "Will commence further action"

 

Do you know of any cases where they've actually taken the legal action?

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option 1 or 2 =further actions..read the letter properly!

 

well 2 it is then

 

have you not bothered since june to read one other gym thread here?

 

only the owner of the debt can do court - not a DCA

no gym has done court since +2012

 

nearly every gym thread tells you this


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Hi Annieb,

 

Please read other threads.

 

Harlands/CRS make these threats all the time but never follow through with action.

 

Ignore the threats and don't respond at all.

 

Keep us posted.

 

:-)


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

 

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