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    • 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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss.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
    • Nice to hear a positive story about a company on this form for a change. Thank you
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CarsUk DW Fitness.


moldemort
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Sorry if this is really long winded but I need to get the whole story out in it's entirety.

 

Last year i signed up for an off peak student membership at DW Fitness in Canterbury for £22 a month.

To tell you the truth I did not use the gym often but nonetheless I kept up with my payments.

 

 

At Easter my mental health took a turn for the worst and by June I moved back home {not in canterbury or kent} so that I could get the care that I need,

I must also express that I am autistic and epileptic as well.

 

 

As I decided that I was not going to back to University after a poor academic year and it's best for me to just focus on myself as of right now.

I was advised to go to my bank at cancel my direct debit which I did so in June.

 

On 6th July 2017 at 09:32 am DW Fitness telephoned me in order to ask why they were unable to charge my account for the month of July I informed them that I had cancelled my direct debit to which they informed that I need to give them notice before hand and that I would have to reinstate my direct debit for the month of July.

 

 

Panicking and and already extremely unwell I complied and reinstated the direct debit.

While on the phone with them I asked them to cancel my membership in August to which the woman on the phone agreed with.

 

 

At the end of july I went once again to my bank to cancel my direct debit understanding that come August time my membership would have ceased to exist.

 

Roll on two months later,

I received several emails and calls from DW stating that I had not payed for the months of August, September.

Initially I ignored these as I had been told in June that they were going to cancel my account.

 

 

However on the 8th October 2017, I received an email from Cars.UK a debt collectors telling me that If I did not pay the sum total of £70 then they will take legal action against me.

 

I have written to them explaining my side of the story.

 

This is the email I have sent them [removed certain details]

 

Dear Sir or Madam,

 

On 6th July 2017 at around 9:30 am I was contacted by DW Sports informing me that they had been unable to charge my direct debit for the month of July.

I informed them that I had cancelled my direct debit to which they informed that I needed to give them at least a months notice and that I should reinstate my direct debit with them to which I complied and asking them to cancel my membership which they informed that when August came my membership would end.

 

 

Before the beginning of August I went to my bank once again to cancel the direct understanding that I would not owe them any more money.

For almost two months I did not hear from them until in late september they began to contact me demanding payment.

 

 

Initially I ignored these emails and calls because in July they told me that by August my membership would be cancelled.

On sunday 8th October however I had received an email from you demanding payment for £70.

 

 

I had my father ring up DW Sports as I was too distraught to talk to them myself, them having caused numerous panic attacks.

They informed my father that I had to sign a form in order for my membership to be cancelled to which I had not been informed,

nobody told me that I had to sign anything and if I had known I would have made the necessary arrangements to travel down to Canterbury.

 

I am Autistic and during the recent months I have been extremely ill, my stress levels are extremely high which is a cause of concern for my parents as I am also epileptic and stress can often induce tonic clonic seizures which in some cases can be fatal.

 

Sincerely

 

[insert name here]

 

 

A few things to note is

 

I'm unemployed

I don't receive any benefits

I'm not well enough to work so therefore I have no income.

 

Could perhaps someone help me or at least advise me on this matter?

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Simply ignore Cars and anyone else chasing this. Nothing is going to happen. They are not going to take you to court. They are powerless and simply rely on making threats. At some point they will give up, but they might not confirm this to you.

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

 

If you want advice on your thread please PM me a link to your thread

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moved to the gym forum

 

 

just remember a DCA is NOT A BAILIFF.

 

 

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 Moldemort and welcome to CAG

 

Please don't worry about this matter. There are hundreds of threads here showing that threats made by gym admin companies are just hot air and they KNOW they will never take the court action they so often threaten.

 

You cancelled the DD in June 2017 and this was adequate notice of your need/desire to cancel. After that, you only needed to pay one further gym fee.

 

What exactly did you pay in each of the months June, July, August September and October.

 

When you tell us the answer, we can advise you what to do.

 

Do NOT call the gym or CARS again as this will get you NOWHERE. We will tell you how to proceed as we've been dealing with gyms and admin companies for many years.

 

:-)

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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