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    • I think that rather than right, you should first of all telephone. However read our customer services guide. Implement the advice there. Then telephone and have a conversation which leads round to the loan and whatever agreement there might have been to repay. Get it recorded. Then write to him and asked him to confirm the telephone conversation. If he confirms it then you are on your way. If he doesn't confirm it or denies it then it becomes even more interesting and I think that you will properly have you more leverage. You say that you believe that you lent the money to the company and that the company has now sold. As long as the company has been sold and not dissolved then the loan to the company is still current and the company debt to you is still current. I think the first senior to do is to get the evidence – and I think you should follow the advice that I have given. The fact that the person has stopped contacting you is extremely troubling. The fact that the company ownership was transferred is even more troubling and so I think that you are dealing with somebody who is trying to be slippery about this – and so your way forward is clearly that you also have to act it in a slippery way. Come back here when you got the evidence and we will help you to the next step
    • Met usually use ANPR and get the timings massively wrong so they will be timed out. they must have used CCTV to watch the vehicle occupants "leave" and this is probably a breach of the GDPR as it wont be one of the specified reasons on their licence to spy on people so will breach protocols 1, 2 , 3 and possibly others in the list of the 8 main protocols of data protection.   It also breached the POFA as the timings are wrong so no keeper liability anyway.   The wording they use refers to the liklihood of the issuing of a NTD and thet never happened so the 56 day limit isnt applicable. My advice? ignore them as they rarely do court because they know they are incompetent
    • sorry, I meant to say UNLESS  so yes my answer reads the wrong way round
    • the terms in the contract will in many cases be unfair and thus you will be entitled to the bonus and there is case law on this. However, it is not a simple matter to resolve as it will have to take into account what the contract says and what the normal practice and expectations are for the bonus scheme. For example, Jhn Lewis pays out to anyone employed there on the relevant date so leave the day before and you lose out becasue it is a partnership and you would no longer be a partner. No schemes that withold bonuses until a certain time of the year MAY have to pay out but if your bonus is for the quarter that your resignation fell in then probably not. If it was for say Oct-Dec then you will ahve fulfilled the requirements of a qualifying period regardless of the contract saying no bonus and would more than likely be successful in a claim to recover such monies. A scheme that has been running for soem time would be part of yoru contract even if there is nothing specific included in your paperwork as it becomes implied as part of the conditions you agreed to when joining to co and staying there.   i know this doesnt give you a definite answer but hopefully makes it a little easier to see how your situation may work out
    • You have a big problem and that is proving the debt. for a debt to be created there must be an agreement that the money will be repaid, how and in what time frame. As far as the law goes you either gifted the money or loaned it in a way where you cant take civil action to recover it because there are no explicit terms. Now the BUSINESS doe owe you £2k and the debt will have passed on to the new owners but you still cant take steps to recover the money other than to ask the new business owners for it. They may deny the debt and you will be impossibly placed to prove it because there is nothing in writing. Proof of money transfer doesnt prove the debt exists nor how it should be repaid even if it did. you will lose a court claim due to the lack of paperwork showing how and when the repayment should take place. Sorry for your predicament but you are where you are
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SNEEZERR

Body and Soul Gym Mansfield - contract for 12mts - paid for 3yrs on DD!

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I hope Slick sees this, as I've read a lot about my problem and slick seems to answer to a lot of them!

 

Here my problem and I don't know much about it!

 

a few years back I started a gym (body and soul in Mansfield)

 

I thought the gym was for a year only,  I never bothered to cancel,

after about 2/3 years I realised I was still paying for it.

This isn't the problem as I had already been paying and didn't want any money back.. 

 

I cancelled my direct debit there and then, not with anyone else just with my online banking...

This was at least a year ago maybe a bit less ( I can find out exact figures when I cancelled or when my last payment was if needed)

the membership was £12.50 a month, I know it's stupid I never noticed.

I assumed it was just a shop I was going to.

 

today I received this text message

"You have been sent an email from CRS regarding your account.

Please check your inbox/junk folder or call the helpline on 01444 449 165"

 

I haven't received any emails, texts, letters or calls.

Just this one text I received today as shown above..

 

after googling this I've noticed it's from a debt collector,

I dont know my debt,

I'm absolutely terrified what I owe and it's causing me extreme problems in the head,

 

I watched my dad crushed and since his death my mental health is crazy, I cut myself ect ect.

Cry and breakdown do I don't need this at all. 

 

I'm not down as living at any address,

I only have this number they can contact me on,

but I hope to get my own place soon,

but now I'm too scared!

 

Why should I do?

Please help slick,

if you can personally help me I will donate to the page,

and if it's allowed I will pay you too!

Please help

I can't have this over my head.

I don't want to call them as I've seen you say in a few posts do not call them

. I don't know what I owe. 

 

Why haven't they contacted me sooner?

I don't know what other information I can give you but please help me out.

Is it against the forum rules to contact me direct through calls or email me?

I'd like this sorted or I just won't cope,

I'm already struggling mentally. 

 

I was paying for years for s gym I never went too,

surely that's enough to win if it went to court?

I can't say this enough but please help me

 

This is meant for Slick so I hope you see this or if someone knows how to contact him let him know I'm here waiting

 

Also slick, I'm not the brightest spark and really struggle to write any type of letter. 

I'm not lazy I just really don't know how to go about this stuff.

 

If you can keep is very simple for me to understand I would appreciate it.

 

Any extra help I am honestly okay with paying for help from you.

If that is allowed,

 

if it is allowed please help me write what I need to and I will gladly send you money, you just tell me what information you need IL

get whatever I can.

 

I'm not poor just very stupid and crazy anxiety and depression

IL not sleep tonight, have a terrible time until this is sorted.

Please please help.

 

Words can't stress enough how much I need help.

I paid for a online solicitor to help but they haven't got back to me and I think they won't even give me good advice.

 

If it comes!

 

Help

 

 

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Thread title amended

 

go get your moneyback from your bank under the DD guarantee scheme for any months over the 12mts that your DD mandate was setup for.

then write a simple letter to harlands (CRS are them in sheeps clothing) and OFFER 1 month mrmbership only..no unlawful fees.

 

A dca is NOT A BAILIFF

and have

ZERO powers on ANY debt no matter what its Origin.

 

gym debts don't appear on credit files.

gyms don't do court and neither can a powerless DCA on a gym debt.

 

should you wish to make a donation to the SITE

then click our donation button below or at the left.

 

we do not and cannot give personal advice or advice via PM..

 

nothing anyone can do to you

go get go get your +£375 back from your bank

if you don't want it we sure do!!

 

dx

siteteam


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi Sneezer and welcome to CAG

 

Firstly, calm down and trust us when we say the gym or CRS will do nothing to affect your credit rating or anything else.

 

The Site always needs Donations to keep us here to help folk but Site Staff help folk for nothing ! No payment required thanks. 😎

 

You say you thought the m/ship was for just 12 months but please tell us :-

 

1. When did you join the gym.

 

2. When did you last use the gym.

 

3. Do you know if Harlands collected the gym fees by DD each month, or another company.

 

Give approx dates if you're unsure and we'll give you the best advice we can.

 

Do NOT stress about this at all - CRS are well-known for chasing debts making threats they NEVER carry out. They're famous for chasing Harlands gym cases because Harlands/CRS are the same company. So Harlands threads here (100's of them) will confirm you do NOT need to worry about CRS at all.

 

Answer the Q's above and we'll suggets if you should reclaim DD's taken from from your bank.


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Hi slick, thanks for replying 

 

I thought it was for 12 months, so I just assumed it would cancel. But I haven't got a copy of my contract, I just asked the gym in 2018 if in still paying and they said yes, it was a minimum of 12 but will keep going if I don't cancel it.

 

My first payment was in October 2014 and my last was December 2018. That's when I cancelled it! So I haven't paid it for a year so they haven't told me this and will want a huge sum I know it. 

 

The money under my bank was something like Ashbourne services - £12.50 

 

You say don't worry, so if I ignore them forever will it go away or just keep forever adding debt and chasing me, should I change my number? Should I get a copy of my contract from the gym if possible and what if it's not possible? 

 

I know you say don't worry. But it's in my nature to over worry. Thanks for getting back to me I do seriously appreciate it! 

 

Ty Ty Ty will donate now

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Hi. I expect Slick will be back later in the day to answer your specific questions. :)

 

In the meantime, have a read of other threads here involving CRS. Plenty of people have had good outcomes, but you need to understand how this all works to alleviate your worries.

 

HB


Illegitimi non carborundum

 

 

 

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Also, I must of stopped going to the gym maybe 3 months after I started. So I've paid 3 years and 8 months ISH. For. No reason, I just thought it be less hassle if I let them carry on the reminder of the year than to cancel it. 

 

I haven't received any letters at home, no email from them, no calls or text just that one text last night so I guess they will start chasing me up now

 

Hi honey,

 

I've read some threads but I haven't seen any outcomes of people who just ignored them, has anyone been taken to court by them, has anyone had bailiffs turn up. 

 

I can't look into the threads right now as I've just got to work and I don't finish until 6pm UK time

Also I donated £30 hope that helps

 

Also what does DCA stand for

 

How do I get those DD payments back, do I ask the bank, would they need proof?

Who would this money come from, it's been a year since I cancelled so is that possible? 

 

What if I can't get a copy of my contract

 

I'm really sorry for my abundance of messages and questions,

I paid a solicitor last night and they haven't got back to me so I think I will just listen to Slick and the other Guys here

 

Last message promise until end of shift

 

If I need to hand write a letter can you help what to say?

I've never written a letter, infact these messages on this site are the largest amount of words I've written that aren't a text to my girlfriend and I can't ask her she would worry too

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19 minutes ago, SNEEZERR said:

Also what does DCA stand for

 

Click on the letters DCA and it takes you through to a screen with an explanation.

 

HB


Illegitimi non carborundum

 

 

 

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8 minutes ago, SNEEZERR said:

Last message promise until end of shift

 

If I need to hand write a letter can you help what to say? I've never written a letter, infact these messages on this site are the largest amount of words I've written that aren't a text to my girlfriend and I can't ask her she would worry too

 

This is Slick's territory, I'm sure he'll be along later with answers to your quesions. Nothing is that urgent that you can't wait for the right advice. :)

 

HB


Illegitimi non carborundum

 

 

 

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Hi Sneezer,

 

There's no need to pay a solicitor for advice on this. We've been dealing with these cases for many years, including Ashbourne (AMSL).

 

See here - https://www.consumeractiongroup.co.uk/topic/277436-ashbourne-management-services-ltd-contracts-longer-than-12-months/

 

 

Don't respond in any way to Ashbourne or CRS for now.

 

You have 2 choices :-

 

A. Ignore all contact and demands. Once they realsie you will not be intimidated and scared into paying, they will leave you alone.

 

B. Reclaim all DD's taken by AMSL after the 12th DD was taken by them. This is done by telling your bank the DD's were taken without your knowledge because you assumed the DD's would stop after the 12th month.

 

If you choose option B, AMSL will not be happy and will make demands and threats but they're unlikely to take the action they threaten.

 

If any letter is needed, we will help you with this.

 

Please confirm just 2 things for now :-

 

1. Is this Ashbourne Management Services Ltd.

 

2. Are you still at the same address as when you joined the gym and have you received any postal demands about this matter.

 

 


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Hi thanks slick you the man

 

IL go with option A, if you think just to ignore will work, then IL do this. 

 

I'm sure it's Ashbourne management services ltd. 

 

I haven't received any postal demands at all, no phone calls, no emails like they said. Just this one text, and I didn't have the same number so how would they get this new number (I say new, but it's 3 year old) 

 

If you think ignoring them would make them leave me alone I would do this. Screw the money they took from me it was only £12.50 a month. 

 

What would you do slick? Has anyone been took to court by these guys, or has anyone had bailiffs round. It's my mum's address I signed up with and I don't even live their. 

 

I only have a car as my possession and tools but my tools are at work so good luck getting to Portsmouth, where I spend 25 days out of each month, then the remaining so days I am on my mum's sofa

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please now go back and read post 2 

follow it through and action and understand everything it says.

 

stop panicking about NOTHING

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi dx

Apologies if bugging you

 

I'd rather ignore them than send a letter if I can. IL be changing my number too I think.

 

You say don't worry, but I've never been in trouble befor, I'm less worried after speaking to everyone here

Nice bunch of guys or girls👍

 

Also I'm not gonna claim the money back as it will just annoy them more lol

 

Apologies for being a baby

 

 

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Hi Sneezer,

 

You're not in trouble at all. You simply failed to cancel a gym m/ship and cancel the DD mandate correctly.

 

As long as you get to know about any mail that is sent to you (at your mum's address), that is fine. That way you stay in touch with any threats being made.

 

Don't change your number - better to know what they're up to, same as the address mentioned above.

 

The chance of this going anywhere near court are almost NIL as gyms really haven't taken court action since AMSL were taken to the High Court back in 2011. So no court = no Bailiffs, etc.

 

What I would do is not relevant as you are clearly very jumpy about this. Reclaiming the DD's via your bank will result in AMSL or CRS making repeated demands and threats so I understand why you want to let the matter rest.

 

Keep us posted about any further demands and STOP WORRYING 😎


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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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Okay thanks slick

 

I the next time you hear from me will be about any extra stuff I hear from them

 

Until then, if they even do. Have a good one and I really appreciate all the help 

 

Feel a lot better. 

 

Oh and by the way, this is what I paid £50 for a solicitor to tell me, compared to the £30 I donated here 

 

Her first message was hi I'm Jo, a solicitor for 12 years. I told her my situation and this was my reply 

 

Thank you.

They may have come by it in all manner. Some of which may have amounted to breaches of the Data Protection Act or not.

The reality is that it doesn't matter how they got more details the issue is whether they have a valid claim against you. A claim would only arise if you had cancelled in breach of contract and that depends upon the contract that you have with them. You probably were under an obligation to offer a period of notice but whatever it was it is not likely to be substantial.

Can I clarify anything for you?

 

 

 

 

I didn't even answer her back, 😂

 

Cheers again

Have a good weekend 

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pers i'd go get your money back

it wont annoy them anymore but teach them a lesson to not abuse the DD mandate you signed that only legally allowed them to use if for 12 payments.

 

they've mugged you already, now they want more . it wont stop till you put them in their place and take control rather than being controlled by silly 'fears' that are unfounded.

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.

 

The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.

 

For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/

 

 

Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.

 

 


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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