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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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Harlands gym stressing


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Hi similar to it would seem to many other threads I have fallen foul of Harlands  tactics 

 

I joined a x 4 less gym as I had work with a  colleague in the area ( I'm a window cleaner he worked with me and went to this gym) joined Oct 18 .

My friend moved down to London after 8 months and so I didn't either work in area or have a gym buddy

 

however as I had been verbally told I needed to keep dd for a minimum of 12 months

I left dd running even though it was impractical/ impossible to use facilities (10 miles minimum 30 minutes travel away from home)

 

after 12 month period I cancelled dd believing no longer in contract

next month I received an email stating 26/10/19 missed payment and charge £12.79 & £25 total £37.79

 

I contacted gym via phone  and they said oh you've cancelled the wrong way ,you unfortunately will have to pay it ,so I did on 6/11 made a card payment to settle without any stress before holidays. 

 

Next month I received an identical email  this time I drove down to gym and spoke to manager stating my issues I hadn't used gym in 6 months it wasn't practical to keep a membership going and I had already rung gym saying I wanted to cancel and paid the £37.79 on 6/11 he said he would email harlands.

 

At this point I thought the matter settled however next month email with double  fees and charges etc......

To date following similar story's I sent letters to both Harlands  head office and  X 4 less but still getting emails from now  CRS wanting £179.87 

 

1. My daughter posted letters with her company return address no reply as I don't have a computer  no reply 

2. I never saw initial email when I joined x4less or I might have known there was a rigmarole to cease membership 

3. I didn't know there was an app for gym only when I rang CRS did he say they had an app if I'd known that I wouldn't have this issue 

 

What do I do now please help I always pay on time and what I owe but this is unfair thanks 

 

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you ignore everyone

they've already had free money when you were not even using the gym

they've had even more free money inc unlawful fees when you paid them 6/11.

 

nothing anyone can do to you.

if I were bloody minded i'd go a chargeback on the 6/11 payment 

but that's your choice.

 

the problem here is you blindly entered into pointless phone/email/letter/in person dialogue because you thought they had magical powers over you.

they don't and you should have cancelled the DD the month you couldn't even attend.

 

oh well readers of this will p'haps benefit from my words..

 

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 Brew and welcome to CAG

 

Shame you didn't visit us sooner as we'd have told you what to do and how to do it.

 

Just ignore demands from Harlands/CRS for now and stay off the phone completely.

 

Send a typed letter now to Harlands at their Haywards Heath address and get a free Certificate of Posting at the PO when you send it :-

 

Dear sir or madam,

 

I cancelled my DD mandate as I was no longer using the Xercise4Less gym at [town/city] but continued to pay for the full12 months.

 

I spoke to the gym after Harlands/CRS demanded an admin fee on top of another gym fee. I paid this to you on 6th November even though the admin fee was an unlawful penalty.

 

I will pay you nothing more as the gym was given notice of cancellation and a further fee thereafter.

 

Yours faithfully,

 

Let us know if they continue to make demands but do NOT respond to them after this letter.

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