Jump to content


  • Tweets

  • Posts

    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 529 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

Hello,

 

I am desperately hoping someone can help on what step to take next with CRS / Harlands.

 

To give back story, my partner signed up to a boxing gym in November last year for an 11 month term contract (English is not his first language and was mislead to believe he could cancel his contract at any time with 1 months notice as like a rolling contract)

 

He lost his job that following December, and in January he went into the gym to inform them of this and ask if he can cancel his membership. The woman there told him that it is fine under these circumstances and he can cancel his direct debit. She did not at any point tell him to contact Harlands and cancel it Via them.

 

In February he started receiving letters saying he owed 80 odd pounds, and he has been charged penalties, fees etc.

 

He contacted them saying that he has lost his Job and was told this IS an acceptable reason to cancel his membership at the gym.

 

He sent them the evidence of his loss of job, but because he was actually effectively sacked out of his job by a new manager who did not like this was classed as him being 'dismissed', CRS responded saying he is NOT able to cancel his membership as they can only cancel his membership if he is made "redundant or other loss of livelihood"

 

After this I advised him they are being ridiculous (CRS) and that he should offer to pay the last month and ignore them.

 

Since then they have sent him numerous other letters demanding £741.20 for the full years membership £495. (he paid 2 months) and then £290 odd of fees!!!

 

I have had phone calls with them try to explain he lost his job and he was told totally incorrect information at the gym about cancelling his membership, but because those were 'verbal conversations' there is no proof of them taking place !! The man on the phone was very condescending and snotty about all this.

 

After months of back and forth, he has had enough and has recently offered to pay the £495 for the rest of the years membership and to just try and end all this. I used the template found on other threads here and sent them a letter offering them that as a final amount and to Pay no fees or penalties, within 14 days and if they do not accept he will not pay anything.

 

They have now responded via writing with the following:

 

Further to your recent correspondence, 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.

We are, however, concerned to hear that someone here has told you that you cannot cancel in the circumstances

you have described. This is not the case, but it is true you cannot cancel by the procedure you have followed.

We wish to confirm that the terms of your agreement state:

“This agreement can be cancelled upon appropriate proof of redundancy or other loss of livelihood.”

The terms also state, however, that:

"ANY cancellation for the above reasons will not be effected until the appropriate proof is provided and received."

As such, you will remain liable for your arrears up to the point such evidence is received, but a reduction is

possible and so we recommend that you supply us with evidence of your change of circumstances as soon as

possible in order to maximise the discount we can offer you in relation to the remaining balance.

For termination on the grounds of redundancy or other loss of livelihood, we require either a letter from your former

employer which is either signed or on headed paper (ideally both) confirming the termination of your employment (

either from the time your employment ended or a new letter), or any document relating to a claim for job seeker’s

allowance. Please note we cannot accept a P45 as sufficient as this would be supplied even if you left your

previous employment to take a higher paid job.

This evidence may be sent to us by posting it to Credit Resolution Services, 2nd Floor, Rockwood House, 9-17

Perrymount Road, Haywards Heath, West Sussex, RH16 3TW, by emailing it to *email.

uk or by faxing it to 01444 449 152. Please be aware that we are happy to accept scans, photocopies and

photographs of evidence, we do not require original documents.

We shall hold further recovery action for a period of 7 days to allow you time to provide such evidence.

Yours sincerely

 

Now, should we write back and offer to Pay the penalty fee of late payment on top of the £495 (£20 I believe or something) or just ignore them and act as this is them declining his previous offer.

 

And also, is him loosing his job NOT by redundancy, but by being dismissed reason enough for him to be able to cancel his membership anyway?.. Surely it should apply to both, and can even be considered a 'loss of livelihood' if he does not have his job any more?? is he actually not obliged to pay anything at all because he lost his job ?

 

Please any advice on what he should do next would be greatly appreciated! I cannot believe they are not accept his payment of nearly £500 and still want £740.

 

Thank you in advance !

Share this post


Link to post
Share on other sites

Ignore them totally

 

Stuff and all they can do

Stay off the phone

Block and bounce any 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

Hi Pukus and welcome to CAG

 

Harlands have no right to demand any specific documents to prove something.

 

I assume you've already read other threads here so you should know that we generally advise folk to ignore Harlands/CRS.

 

The reason they continue to argue the toss with you (or your partner) is because you are bothering to respond to them. Stop responding NOW !!

 

You made an offer which has now expired so now it's time to simply and totally ignore Harlands/CRS.

 

Let them make their usual empty threats - they have no grounds to take you to court, which is why court action is generally not an option they ever choose. They prefer to pester and harass hoping they'll wear you down, as evidenced by the offer to pay £495 you never actually owed.

 

Ignore these fools but keep us posted.

 

Read other threads too.

 

:-)


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 Slick132

 

Thank you for your reply, it is much appreciated!

 

I have read other threads and used your template to send them a letter.

 

I just want to be sure, they are not going to pursue him any further (except sending emails/calls etc) or take him to court etc..

 

I know that you have mentioned they never do that and they wouldn't have a case, but I worry that because I've had a few phone call conversations with them trying to find a resolution throughout February to May that they may somehow use that against him.. ?

 

I will keep you posted of course ! I have told him to block their phone number and ignore all the emails/letters from this point on.

 

I have copies of the letter I sent and the Recorded delivery POS.

 

Thanks again for your advice and support and this site, it has really helped us.

Share this post


Link to post
Share on other sites

Ignore

No gym has done court since 2012

 

A DCA nor their fake/tame paper sols have any legal powers

They are NOT BAILIFFS

 

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 

 

Share this post


Link to post
Share on other sites

Hi Pukus,

 

The reason we tell folk NEVER to speak to Harlands/CRS is that you'll NEVER hear anything to your advantage. They'll tell you whatever they can to un-nerve you and scare you into paying.

 

It doesn't matter at all what you or your partner may have discussed, offered or agreed with Harlands/CRS - their demands are spurious and invalid. And anything you said to them is pretty much irrelevant.

 

Just keep us posted of future contact, demands, threats, etc.

 

:-)


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 Slick123

 

Ok Thanks, thats a good to hear.

 

Thanks again and I will keep this updated on any developments

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...