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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • 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.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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 X4L/Harlands/CRS thread


Please note that this topic has not had any new posts for the last 612 days.

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Hey all, looking for a quick bit of advice here.

 

I signed up for a membership with X4L on the 14th of May 2018, and have only used the gym a handful of times in that time. I haven't been at all during 2019.

 

I now have free access to a local gym which a friend owns, so I cancelled my direct debit with X4L/Harlands on Jan 4th 2019. I then cancelled my membership via their Online Cancellation Portal not long after. After doing so, I received this email -

 

 

Dear -,

Thank you for completing the online cancellation form, this is an automated email receipt of your cancellation request.

Your final payment will be collected via Direct Debit from your account. Please do not cancel your Direct Debit with your bank, this will cause your account to go into default and you will not be able to use the facilities.

Harlands will cancel this for you when your final payment has been collected from your account and your 30 days notice has ended.

 

Then this email the following day,

 

Thank you for visiting the Xercise4Less cancellation portal, we are sorry to see you go but want to make sure the process is as easy as possible.

 

We can confirm your cancellation request has been noted on your account, your final payment will be taken by direct debit on the 14 JAN 19. Please ensure your Direct Debit remains active, we will automatically cancel this for you once the final payment has been taken.

 

You will still have full use of the facilities until the 14 FEB 19.

 

Your membership will be cancelled on the 14 FEB 19.

 

If you have any questions, please contact us on the helpline number below.

 

 

 

Never realised that I wasn't supposed to cancel the DD until they had taken their last payment, but I didn't think it'd matter since I haven't used their facilities in months, even after cancelling my membership (which they can check, because they use fingerprint scanning to allow you access at my gym).

 

 

On the 24th of January I received an email from HG (Harlands Group) notifying me that I owed them £45 because of admin fees.

 

Harlands collect payments on behalf of Xercise 4 Less. By agreeing to the Terms and Conditions of the membershipat time of signup, you have authorised your payments to be collected via Direct Debit.

We have previously sent you correspondence regarding your membership and note that you have not contacted us.

Due to this you have incurred a £ 25.00 administration charge on your account. Your outstanding arrears currently

stand at £ 44.99.

 

I sent them a reply letting them know that I would be fine paying the £19.99 for the remaining month of membership (which I never even made use of), but I would not be paying any of their silly admin fees. They never replied, and then on Feb 16th I received this email,

 

 

Thank you for your email.

 

The arrears of £69.99 does stand as you have not done the online cancellation form correctly. Please call us to make the payment and reinstate the direct debit so you can fill out the 30 day online cancellation form. You must do this before the 26th February 2019, if you do not call us by this date you will be passed to CRS.

 

If you have anymore enquiries please do not hesitate to call us.

 

So it has suddenly increased from £45 to £69.99?

 

Am I in the wrong here?

 

TL;DR - Cancelled via direct debit, then online using cancellation portal, received email saying not to cancel the DD (I already had by this point), offered to pay for the remainder of the membership (£19.99), now they're trying to charge me £69.99.

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Ignore them

Block and bounce all emails

 

Nowt they can do to you

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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Thanks for the reply, will do.

 

I've moved since joining the gym as well, so they have my old address on file.

 

After reading previous threads it seems like they'll probably start sending a bunch of unwanted letters to that address, and I'd rather not bother my mum.

 

Do you think I should write/email them in order to let them know that I've moved?

Or just give no further correspondence?

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Yes email address then block bounce them

 

For future readers..never use or give emails

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 Rei and welcome to CAG

 

I suggest you write to Harlands confirming :-

 

1. Your new address is xxxx, if they want to write further.

 

2. You are willing to pay the final fee of £19.99 but no admin fees on top.

 

3. This offer is valid for 14 days only, after which you'll pay nothing.

 

4. You'll deal with them in writing only.

 

I know you done some of this already but put it in one final typed letter and get a free Cert of Posting at the PO Counter when posting it.

 

That's really all you need do apart from keep a log of log of all forms of contact from them, in case you need to complain of harassment.

 

Keep us posted ........

 

:-)

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  • 3 months later...

Quick update since it's been 4 months now

- they never responded to the letter I sent and the case got passed onto Zinc.

 

They try to phone/text me probably once or twice a week, I have never responded though.

Blocking the number doesn't help, seems like they have an endless supply of disposable numbers which is a bit annoying, but whatever 😑.

They also send me the occasional email reminding them that I "owe" them money too.

I've never received any physical letters.

That's pretty much it.

 

For anyone who came across this post because they're in a similar situation to the one I was,

there is absolutely nothing to worry about.

Just ignore them.

These people are powerless.

 

They'll try to contact you endlessly and it's a tiny bit annoying, but eventually they'll bugger off.

Nobody will show up at your door.

Your credit score won't be affected.

Their whole business is based around trying to intimidate vulnerable people into paying money that they don't owe.

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Hi Rei and thanks for the update.

 

Your post confirms what we're telling folk all the time - Harlands/CRS, Zinc and their pet "solicitors" continue to make demands but they fail to do anything substantial to back up their threats.

 

Hence our continuing advice to NOT respond to demands by letter, email or phone, because they'll do nothing that will affect your credit rating, or that will force you to pay.

 

:-)

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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