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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Another Harlands/CRS thread, I need advice!


Please note that this topic has not had any new posts for the last 715 days.

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Hi,

 

i originally join the gym through lifestyle fitness in February 2017.

I then cancelled my direct debit through my mobile banking app in August 2018, just after the payment was made that month on the 15th.

 

It is now December 2018 and I have received a letter from the CRS stating I owe them £250.52, “following our initial letter” even though I haven’t received a letter previously, haven’t received any emails stating I owe them any money or anything.

 

i was under the impression the gym membership was cancelled when the direct debit was and I haven’t heard from them until now which is 4 months after the direct debit was cancelled.

 

I am just looking king for advice as I don’t understand how I should be liable for paying this money when I haven’t been to the gym and had no word from them in regards to “late payments” I literally just assumed it would have cancelled 😕

 

This is also my first time posting a thread so I have no idea how this works haha

 

thanks

Edited by dx100uk
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Have a read of other threads. Your situation is identical to theirs and so is the response

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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simply send one of the slick132 letters offering 1 months payment and no additional unlawful penalty fees.

 

if they don't accept it

IGNORE everyone

 

DO NOT USE EMAIL..

 

dx

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 Gymp and welcome to CAG

 

Yes, offer to pay just one month's fee for the notice you failed to give.

 

You should find example letters on some older threads that you can use. Keep the letter super-short and add nothing more.

 

:-)

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  • 3 weeks later...

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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Read the draft here - https://www.consumeractiongroup.co.uk/forum/showthread.php?489686-Credit-Resolution-Services-hassling-me&p=5144800&viewfull=1#post5144800

 

Adapt it to reflect your own case and, if you want, put your draft here so we can check it for you first.

 

Send the printed letter by post and get a free Cert of Posting at the PO counter.

 

:-)

We could do with some help from you

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  • 3 weeks later...

You've left all of your details on that letter.#

 

However, they lose, you clearly outlined your position to them and that you would be willing to pay the final months fee, they have predictably been rapacious and arrogant, so now get a big fat ZERO!!

 

Ignore them, log all of their harassment, get onto the gyms social media sites, and embarrass them on there, let all of their current and prospective customers know just how they will be be treated dare they leave.

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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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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ive hidden your upload for you.

that's all

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 Gym,

 

Always hide any personal detail before you post a letter or document.

 

I've seen their reply which is what we'd expect from Harlands.

 

Now you do what you suggested in your offer letter - they've demanded more so you ignore all comm'ns from them. Yopur offer to pay is withdrawn.

 

Keep a log of all contact from Harlands/CRS and Zinc, respond to nothing for now and stay OFF the phone.

 

Keep us posted ..........

 

:-)

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  • 2 weeks later...

so am i just not responding at all? Im just curious to what the outcome will be, will they keep messaging me? i want this over and done with and ignoring them wont make them drop the debt.

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well it will

block and bounce everything

report the texts as spam.

nothing they can do to you.

 

dx

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 Gymp,

 

Of course you want this over quickly but responding to Harlands/CRS in any way will just encourage them.

 

Ignore them for now, keep a log of all contact from them and don't contact them in any way at all.

 

Trust us - we've been dealing with them for many years now.

 

:-)

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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  • 3 weeks later...

Hi, 

 

i have received another letter from them and im not sure what to do now. Im getting worried in case this affects my credit in the future.

 

i think i have kept my personal details out of this letter post.

 

 

 

 

CRS.jpg

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lyou should be self helping and reading other like topics

then you'd know gym debts don't ever show on credit ratings

and they dont do court.

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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i have been looking at other topics and have seen that it has been said that they can't. But its different when you have people saying they can't and then the actual threat of it.

 

I've been informed to post updates on here for help and thats what im doing. i have no idea what i am looking at or in that case what i am doing.

 

Yes, there are similar cases and i'm not denying that. I've posted this response to try and get an opinion off someone who knows what their talking about.

 

Thanks

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Ignore ignore and ignore some more.

Harlands do NOT do court.  They dont want their unenforceable and unlawful fee's and business practices to be shown up by anyone in  authority.  They prefer to just harass and intimidate by letter knowing that some people genuinely thing harlands have some kind of power.  When in fact they have absolutely none.

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 Gymppl,

 

What more can I add - they make these threats all the time but never act !

 

Of the options 1 and 2 mentioned, they NEVER do Option 1............

 

............ and Option 2 means they'll get an outfit called Zinc Collections to write you a "scary" letter which you will ignore and they'll return the matter to Harlands/CRS.

 

There are hundreds of threads here that all tell the same story - ignore these fools and they'll get bored chasing you.

 

:-)

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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