Jump to content


BankFodder BankFodder

  • Tweets

  • Posts

    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
  • Our picks


Xercise4Less monthly contract- HARLANDS

Recommended Posts

Bit of help needed.

I had a monthly rolling contract with Xercise4Less, realised I couldn't afford to keep running it as I'm a student, work part time and I'm in quite a lot of debt.


I joined during a first month free offer,  then paid for 1 month, then before the next payment was due to come out, I cancelled my direct debit and thought that would be it.

I'd done the same a few times when I was a puregym member (i'm an off gym goer, what can I say)  and never had any issues, so assumed this would be fine.


I received an email last night from Harlands stating I owe £44.99 (£19.99 membership fee + £25 admin).

My partner has had one too as he also cancelled: neither of us were very impressed with the gym, lots of broken and worn out equipment, very unhelpful staff etc.


What I was unaware of was that apparently you need to give 30 days notice!

Which seems like madness on a rolling contract anyway. 


I'm not in any position to pay this and also think the admin fee is ludicrous.

I'm currently involved in a debt management plan with stepchange, so they deal with all of my debts.


I emailed them back this morning saying this: 


Good Morning,



Following a disturbing email I received last night, I am emailing with regards to an apparent outstanding balance of £44.99 for a cancelled Xercise4Less gym membership. Being in a monthly rolling contract, as I have done with previous gyms in the past, I believed I would simply need to cancel my Direct Debit and that would be sufficient.

I don’t see how it would be possible to provide 30 days notice on a monthly contract, as this would surely make it a 2 month contract as a minimum?


I am in financial difficulty and can not afford to continue on my membership, so had no choice but to prevent any further payments going out.

I am not in a position to make any payments to Harlands, Xercise4Less, CRS or anyone else for that matter.

I am currently in a Debt Management Plan with Step Change, so would request that any demands for payment are stopped.



Have I done the right thing?

Is there anything else I can do?


And what about my partner, he isn't in a DMP but didn't want to keep going to that gym.

Thanks :)

Share this post

Link to post
Share on other sites

simply send them a letter (each of you) by royal mail 1st class post, (stop using email totally, block and bounce their emails from now on)


state that you are prepared to offer them the one months membership payment only, and NOT any unlawful penalty charges, give them 14 days to accept your offer. if they refuse, ignore them.


now this DMP you are in, have you checked the enforceability of all the debts you are blindly paying, esp if to a DCA?, cause StepChange won't care if you don't owe the money, they'll just say pay up as they get a backhander to advise so...stat a new thread if you like too.




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.



Share this post

Link to post
Share on other sites

Thanks, can they take any further action if I do ignore them?

I have a family member who ended up with a CCJ against them about 10 years ago over a gym debt, though I have no idea what gym or collection company that was with. 


I'm fairly certain I do legally need to pay all the debts that are part of my DMP, it's credit cards and loans etc that I signed up to when I could afford them. My own fault really, I wasn't pressured and they're all legitimate companies, not payday lenders etc. But thanks for your advice on that 

Share this post

Link to post
Share on other sites

that CCJ must have been just before their loss in one case that has since meant they no longer do court.


just because you 'signed-up' for loans and credit cards doesn't automatically mean they are enforceable, esp if you are paying a DCA now.

start a thread and list the debts being paid off, it's could save you £100's for a few £1 postal orders outlay.


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.



Share this post

Link to post
Share on other sites

Hi KM and welcome to CAG


To avoid cancellation problems in the future, see the Guide here - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/



Send this letter by post to Harlands at their Haywards Heath address. Get a free Certificate of Posting from the PO when you send it. 


Dear Harlands,


I refer to my membership at [town/city] gym.


The DD mandate was cancelled in [month/year] and this was notice of my intent to cancel the gym membership.


I now realise I should have paid a final fee for the month's notice you were entitled to.


Please confirm your bank account details so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.


My offer is valid for 14 days and will be withdrawn if you demand any higher amount.


Yours sincerely,


No more emails or phone calls and, as DX says, this will not go anywhere near court, nor will it affect you in any other way.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...