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    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in he clear. So you do not need to worry about is  any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
    • voluntary termination then. have a read of this thread CAREFULLY everything is there in good detail. MoneyBarn - Voluntary Termination - Moneybarn Issues - Consumer Action Group thread title updated and moved to the Blackhorse forum dx
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DD cancelled with xercise4less and charge 25 extra fee


sam12
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hello everyone

i have been reading your answers and help to other members i really need your help.

 

I moved from Amsterdam to UK

 

I did not have bank account here

 

my friend started paying my DD of 9.99 per month from March 2018

I started gymicon with him

 

now in june some how he missed the DD.

 

he received a call and letter stating that you missed a DD

you need to pay 25 pounds plus your monthly fee for X4Less.

 

he cancel the direct debiticon

 

I only went to gym for a month because now I was little far from gym

 

I was paying my friend to pay the DD.

 

now I am receiving the text msg from X4L saying your account is default

call on this number to solve the default

 

when i rang on this number it says you have to pay all 9 months fee plus 25 admin fee

 

Ii told him I was paying monthly and

I want to continue gym again and

I will pay month by month,

 

he said you sell your membership to us with total fee and you can go to gym till march 2019 which is end date of contract.

 

I also rang the gym and tell them I received msg from you but I want to pay monthly m/ship fee but I will not pay extra

 

they said your account is default now you call on 0144444 ...

number to clear your matter then you can start gym again.

 

please advice me

 

what should I do

 

i want to continue my gym

but I do not want to pay extra fee.

I will appreciate help .

 

thank you:

Edited by dx100uk
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Stop ringing them

 

Send the slick132 offer letter in numerous threads here

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Sam and welcome to CAG

 

Did your friend (YF) sign the m/ship and Direct Debit Mandate or was it YOU who signed, using YF's bank details ? Let us know

 

In any event, you joined and the DD was not paid so Harlands have added their admin charge of £25 which you should not pay and it was sensible to cancel the DD before they used it to collect the gym fee plus the admin fee.

 

I suggest you now write to Harlands at their Haywards Heath address saying:-

 

Dear Harlands/CRS,

 

I refer to the Xercise4Less membership at xxxx Gym which was being paid from a friend's bank account

 

For some reason the DD due in [month] wasn't paid and you threatened to take an admin fee on top of the missed membership fee.

 

This will not be paid and the DD mandate was cancelled to stop you taking the admin fee.

 

Due to you trying to use the DD mandate to collect an admin fee that you are not entitled to, the DD mandate will not be reinstated and I consider the membership terminated with immediate effect.

 

Further demands will be ignored but may be reported to authorities as necessary.

 

Yours faithfully,

 

Send this to Harlands and get a free Certificate of Posting at the Post Office when sending the typed letter.

 

Do NOT speak to the gym or to Harlands/CRS at all. It's a waste of your time and will NOT help you sort this issue.

 

:-)

We could do with some help from you

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Hello slick132 I was moved here in March this year so my friend did all online contract for me contract is on my name but bank details are on his name.and he put his address that time now I am in my own house but with gym is the same friends house address.

 

Thank you for this letter I really appreciate I will print this and send it to harlands.

Please can you provide me harlands address.

 

And I want to contine gym there as it was before .

 

Thank you

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Hi Sam,

 

If you want to continue at the gym, you need a bank a/c in your own name and should ask the gym if they'll start a new m/ship in your own name, paid for from your own bank a/c. Do this by visiting in person, not by phone.

 

It's up to them if they do it but that's your only chance now YF has cancelled the DD mandate he set up to pay the first m/ship.

 

Please copy to your thread here the letter to Harlands you suggested to me by PM but hide any identifying names, gym location, etc.

 

I doubt Harlands will allow you to continue the existing m/ship, even if you agree to pay the missed payment(s) as Harlands will want their admin fees - They are too greedy !!

 

That's why I suggest you contact the gym like I said above.

 

:-)

We could do with some help from you

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                                            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 !:-)

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Hi slick

 

I just have been to gym they said we can't do any thing for you you need to contact on 01444449157 nukber to harlands then they will sort this out for you.

 

Please tell me what shall I do ?

 

Thank you

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Dear Harlands/CRS

 

 

I refer to the Xercise4Less membership at XXXX Gym which was being paid from a friend's bank account

 

For some reason the DD due in June wasn't paid and you threatened to take an Admin fee on top of the missed membership fee.

 

This will not be paid and the DD mandate was cancelled to stop you taking the admin fee.

 

Due to you trying to use the DD mandate to collect an admin fee that you are not entitled to, the DD mandate will not be reinstated and I consider the membership terminated with immediate effect.

 

Further demands will be ignored but may be reported to authorities as necessary.

 

Yours faithfully,

 

 

 

HI slick I print your this letter and i posted to harlands.

what i need to do next?

 

thank you

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Hi Sam,

 

You were right to visit the gym as I suggested in my post #5 above. However, they are within their rights to refuse you m/ship in your own name until Harlands are happy to do this.

 

Time to try a new gym in your area. It may not even matter if it's another X4Less gym, or another gym who uses Harlands for admin. If the gym sets the m/ship up in your name using your bank a/c, it may be ok.

 

The worst they can do is to say NO .

 

:-)

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 !:-)

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Hi slick

 

I already posted the letter to harlands.

I will start with pure gym they don't do yearly contracts.some body told me it's like pay as you go .

 

Thank you for help and I will wait for reply from harlands and I will keep updating .

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  • 2 weeks later...

Hi slick and everyone

 

after posting my letter I haven't receive any thing from harlands

today I received the call from leeds x4less that you can pay to us 105 pounds with 25 pounds fee including your rest of the contract payment.

If you will not pay then we will give your case to debt collection company.

 

I told him I don't have money to pay for a whole but it you resume my contract then I can pay 9.99 but not the admin fee.

He said ok then have a nice day I will pass your case to debt collection company.

 

Now as I read on the threads I will ignore them.

;)

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block their numbers

never ever talk to anyone over the phone ever about any debt!!

they are not bailiffs

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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