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leeniesmith77

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  1. Hi. That's already done to save immediate financial hassle. Don't know if it's worth trying to appeal to any better nature they might have. I have the sick lines and P45 and hospital appointments card but it would appear to make little difference to these people. I lost my job a few years ago and have been through similar difficulties.
  2. I took out a diamond membership at Virgin Active some months ago and enjoying the gym, great facilities etc. I am now struggling with a severe knee problem which I am in physiotherapy for and which has forced me to give up my job for the moment. Explaining that I have no income (which is posing bigger problems than a gym membership, and in extreme discomfort (wear and tear injury, not gym related) they refuse to cancel the membership and are being completely unreasonable given the sudden and unforseen change in my circumstances. They are recommending a freeze but I am so put off by their attitude, i.e. so what we don't care, why on earth would I want to return? Has anyone had any dealings of this kind and any advice? Thanks.
  3. I took out a diamond membership at Virgin Active some months ago and enjoying the gym, great facilities etc. I am now struggling with a severe knee problem which I am in physiotherapy for and which has forced me to give up my job for the moment. Explaining that I have no income (which is posing bigger problems than a gym membership, and in extreme discomfort (wear and tear injury, not gym related) they refuse to cancel the membership and are being completely unreasonable given the sudden and unforseen change in my circumstances. They are recommending a freeze but I am so put off by their attitude, i.e. so what we don't care, why on earth would I want to return? Has anyone had any dealings of this kind and any advice? Thanks.
  4. Hi all. I have suffered a bit of a setback at Glasgow Sheriff Court this morning. Sheriff has granted RBOS a sist (stay - unsure which is which, think it's a sist in Scotland but could be talking out ma ear) pending outcome of high court test case. The other four reasons the defence put forward to suspend the case were non specific to my circumstances and thin at best (and did not impress the lady sheriff) but Sheriff did not wish to rule in the Sheriff Court before outcome of high court case. Received letter yesterday with rejected offer presented again and advice regarding OFT case and FSA waiver. Argued that bank had acted in bad faith by not negotiating as instructed (repeated offer not a negotiation but an attempt to get me to accept lesser amount before high court ruling) at preliminary hearing but think I have fallen victim to timing of OFT announcement.
  5. At court this morning, pointed out bank's lack of negotiation and telling porky pies at preliminary hearing. Bank's motion to sist case based mainly on OFT test case pending and a couple of other pretty flimsy excuses. Sheriff understood that I felt the bank had been wasting mine, and court's time, by not entering into serious discussion and I pointed out that I felt the matter already before the court should be resolved regardless of test case. Although sheriff said that bank's reasons in applying for a sist did not speak to my case in particular, and most points she did not consider as good reason at all e.g. administrative burden to bank in repaying charges, she ruled the case be put on hold until OFT case is heard and ruled upon. She was not keen to find for me in case the OFT case goes the other way. (Unlikely I would havwe thought). Disappointed but not surpised. Pretty sure it would have gone my way otherwise. (Or I came across as a right dummy). Just have to wait and see. vbrep_register("1067605")
  6. Thanks Robertxc and Bigmac versus for prompt advice. At court this morning, pointed out bank's lack of negotiation and telling porky pies at preliminary hearing. Bank's motion to sist case based mainly on OFT test case pending. Sheriff understood that I felt the bank had been wasting mine, and court's time, by not entering into serious discussion. Although sheriff said that bank's reasons in applying for a suspension did not speak to my case in particular, and some points she did not consider as good reason at all e.g. administrative burden to bank in repaying charges, she ruled the case be put on hold until OFT case is heard and ruled upon. Pretty sure it would have gone my way but for high court case. Just have to wait and see.
  7. Dear Bathgatebuyer I've just posted, had difficulty finding other cases through the small claims court in Scotland. I have actually had to appear in court where the bank asked for a continuance that they might enter into negotiations. Due back tomorrow having got a letter this morning saying they will apply for an order to sist the case until the OFT test case is resolved. Sure it's just a tactic to get me to not turn up. I hope to appeal to the judge to rule on the case since the bank did not actually enter into any discussion in the three week period as instructed and have simply offered me the tiny full and final settlement amount again. Will know more by tomorrow if this test case will affect cases already before the court, personally I think it should be up to the court to settle any business already in hand. I'll let you know. Good luck Leenie
  8. Hello. I'm posting for the first time and looking to see if anyone has had a similar expereience, yet. I'm attempting to claim from RBOS and in a Scottish small claims court. Used, with success, the templates on this site and after having received he standard blah blah offer of not even half the amount proceeded to court. At the first date I was surprised to see that a solicitor had indeed turned up, though I have to say they looked surpised that I had! The bank asked for a continuance as they claimed that negotiations had begun, which was an out and out lie, but the judge granted it in order that negotiations could take place between then and the next set court date (tomorrow). This morning, last minute as predicted, the letter from the bank arrived re-iterating their position, that they believe the charges to be blah blah blah and that the full and final settlement offer still stands as they think it likely that the case is likely to be put on hold until the high court test case with the OFT is resolved, as they will apply for and order to sist my case. Has anyone else had one of these? I fully intend to go to court and tomorrow and point out to the judge that after having lied the first time about having entered into negotiations, they have still not entered into any such discussions and that the case, now in front of the court should be up to the court to decide whether or not to suspend. If anyone has any advice or has been through this already I would sure appreciate it. Cheers.
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