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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Virgin Active membership


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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.

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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.

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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.:(

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Hello there.

 

I used to attend a Virgin Active gym. I'm certain they have a clause within the agreement that allows you to cancel the membership on health grounds if you have evidence from a doctor that states you cannot use gym equipment anymore.

 

You may wish to SAR Virgin to get a copy of any paperwork you signed.

 

Also see if their terms and conditions are available on their website?!

 

Also contact your local Trading Standards for advice?

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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.:(

 

 

Hello,

 

I'm just browsing throughout the site and came across your subject and whilst I don't wish to tread on Coniffs toes, he's been here longer than I. But I feel I should warn you that just cancelling a direct debit comes with it's own little problems, such things as the company in question may let it go for a couple of months, then check it's records and find out that as you agreed to a 12 month contract say, that they have the right to resurrect the direct debit and collect the money anyway. Yes, you read that correctly, I did say the company could 'resurrect' the direct debit you cancelled and take the money regardless.

 

You have to be careful with direct debits, and agreements. That is unless you've not signed an agreement in which case they shouldn't be able to resurrect it, but they may try regardless.

 

I would take the other guys advice, and find out about what your contract says about cancelling and then use that to get out of your contract. This is especially the case as you're dealing with a company that may let you go, then reread that contract agreement and find that they can collect the renaming 12 months for however many family members signed up to the gym. You can see such an occurrence in the following two posts:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/128064-virgin-active-arc-please.html Obviously, I would follow this thread through, as there's lots of useful information in it.

 

or another here:

Virgin Active Complaints - Gym Membership Cancellation

 

and there's LOTS of glowing warnings here:

Virgin Active Health Clubs Review in Gyms at Review Centre

 

HTH

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Hi,

 

I had been a member of Holmes Place Gym since 2002. Virgin took over the club a few years ago.

 

- On May 27th, 2009, I asked the Virgin Staff to cancel my membership effectively from June 2009, but was refused and told that all cancellation should be made by 17th of the month.

 

- However I insisted to cancel my membership but the manager wrote on the cancellation form, the cancellation effectively date from 1st of July 2009 but I wrote beside her writing "June 2009" and I marked the form with initial instead of signed it actually and the gym manager signed the form.

 

Since then every month, I got a letter demanding payment of membership for:

in June for £ 66 (for June memebrship) plus £ 30 admin fee from virigin active

in July for £ 132 (for june and july membership) plus £ 30 admin fee from virigin active

 

Along with the letter saying that despite number of calls from Virgin Active, Virgin Active haven't received my payment. All letters from virigin active was asking me to call them to make payment over the phone but without any address for me to send back my reply via post. So I called virgin active about the letters and told them that I have asked to cancel my membership effectively from 1st of June 2009 but they said they are not aware of any request therefore the transferred the phone to my local virgin active club and the staff said over the phone that she is aware that I asked for cancellation??? I am a bit confused. I told the staff why virgin active said the called me many times when actually they never called me. Then they staff asked for my mobile number and on that day only the gym manager called and left a message on my mobile to call her back, but I didn't do that as I was so annoyed with the way they treated me.

 

In mid August 2009, I got a letter from ARC (acting on behalf of Virgin Active) demanding payment for £ 228 (For June, July and August membership plus £ 30 admin fee), so I called ARC to inform them that I have cancelled my membersip effectively from June 2009. I was asked to send them a letter and copy of cancellation form. So I did send a letter to ARC to inform tham that I cancelled my membership along with copy fo cancellation form.

 

On 21st of September 2009 I received a letter from ARC to inform me that:

 

" Dear Sir,

 

We are writing in response to your recent correspondence.

 

We have checked with our client and they have confirmed that as you have now supplied them with proof of your request to cancel, they have reduced your outstanding balance to £ 66.00 which is the subcription payment due for June. Therefore, the above balance remains outstanding and must be paid.

 

Your payment should be sent directly to this office. Please ensure your payment is made payable to ARC (Europe) Ltd and clearly write your reference number XXXXX on the reverse or this may delay it being allocated to your account. Alternatively you can telephone us to make a payment by debit or credit card.

 

If we do not received your payment within the next 10 days, this account will be passed to our solicitors for further action.

 

Your faithully

 

XXXX

ARC (Europe) Ltd.

 

----------------------------------------------------------------

 

Do I need to pay for this £ 66 they requested? As previously ARC threaten to bring the case to court when they demanded £ 228 payment which is now reduced to £ 66.

 

I am in bad shape financially at this moment due to recession, so money is very tight in fact I am in debt management program for bank loans and credit cards due to my suffering small business. Therefore I prefer not to go to court.

 

many thank in advance for your help and advice.

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  • 3 weeks later...

Cancelled my membership with Virgin Inactive and they stated I had already started another 12 month rolling contract, er NO Peeps, I cancelled within the time frame specified, how ever they seem to think I paid a months membership for one day so in effect I cancelled a month too late - idiots

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  • 2 months later...

I implore you all to write to BBC’s Send your story to Watchdog and it could feature in an upcoming programme, particularly at the moment in the ‘fitness season’.

Go to http://www.bbc.co.uk/watchdog/gotastory/

Click on Subject “Sport, Leisure and Entertainment”, then sub category “Health clubs and leisure centres”.

This is what I wrote:

Virgin Active gyms partake in a very unfair practice in the membership contracts. One of their membership packages the “Diamond Membership” requires that you sign a 12 month rolling contract. Therefore if you do not cancel the membership by "the seventeenth day of the twelfth month”, then you are automatically entered into another 12 month contact. Virgin Active do not send a reminder at the end of each 12 month period. The cancellation fee is the remainder of your 12 month contact. Therefore I am in a situation where I have been a member of Virgin Active Health Club for nearly 7 years and will need to pay in excess of £700 to cancel my contract. Do watchdog feel this is fair or acceptable? I am not alone on this issue, a quick Google search brings up many forums, e.g.

http://www.complaintsboard.com/complaints/virgin-active-c158480.html

http://forums.moneysavingexpert.com/showthread.html?t=603247

http://forums.moneysavingexpert.com/showthread.html?t=1863703

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/221603-virgin-active-membership.html

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/63342-virgin-active-la-fitness.html

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/198470-virgin-active-health-club.html

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