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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
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • 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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Lifestyle/Gymgroup cancellation nightmare!


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Good morning, first of all this is the first time i’ve Used a forum so pardon my ignorance.

 

I was a member at lifestyle fitness on Hagley road, Birmingham. I paid for a 12 months membership and only went twice. I cancelled my membership and received a “Sorry you’re leaving” email.

 

Maybe a year later I rejoined. The building having changed Hands to “TheGymGroup”.

 

I was paying by the month and I was using the gym. I got really fed up with the gym and the lack of equipment

 

. I quit my membership through the members app.

Again I received a “Sorry you’re leaving” email. That was maybe 4 months ago.

 

My lifestyle membership i think ended sometime in 2016.

 

I realised to my Horror last week that the Gymgroup are still taking my £18.99 a month!

 

I have contacted them and they said because I no longer have the email, there is nothing they can do.

 

To make matters worse, she said that my lifestyle membership was still running!

 

Now i’m Terrified that they have also been charging me for 2 years without me realising!

 

I don’t even know how to contact lifestyle as they no longer run the gym

 

. I have now cancelled my direct debits, which I will do in the future. I feel such an idiot. I just trusted the companies were professional!

 

I feel so upset and totally powerless. It’s such a mess and I don’t know what to do

Edited by Andyorch
Paras
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Go get them back from your bank under the dd guarantee scheme

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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No do it by their phone banking line

Tell them they have never sent notification each month as requir

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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Share on other sites

Hi TL and welcome to CAG

 

First off, please read the following guide about cancelling your m/ship properly - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp

 

You shouldn't simply cancel the DD without first checking what you've signed up to, and what notice you need to give.

 

Check with your bank first to see if :-

 

1. The more recent m/ship with the Gym Group is still being paid by DD. You should reclaim all DD's paid EXCEPT 1 for the month you failed to give notice to cancel. So if you quit, for instance, using the gym's App on 1st Feb, reclaim all DD's paid after the next DD was paid, ie all DD's from 1st March onwards.

 

2. The Lifestyle DD's were being paid despite you having cancelled. If so, again reclaim all DD's paid from 30 days after you gave notice to quit.

 

The bank may argue or question your request but it is NOT for them to argue with you about this- they're obliged to refund what you request but just make sure you ONLY reclaim what you're entitled to.

 

Let us know what you find has been paid before contacting Harlands further. Don't contact the gym either for now.

 

:-)

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Use whatever you can to guess as accurately as possible.

 

Just be as fair and reasonable as you can and let us know what you think has been paid and when you think the m/ships were cancelled.

 

:-)

We could do with some help from you

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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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I have called Barclays and asked for my Direct Debit refund.

They have apparently refunded the money and logged a claim.

 

He did say however that if the claim is disputed and they call me for more information, they may need evidence to prove the cancellation of my gym membership.

 

I do not have the cancellation emails anymore. I’ve done everything I can think of to try and retrieve them.

 

I’ll keep you updated.

 

Thanks again for the support, it means so much!

Edited by dx100uk
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Hi TL,

 

The claim will almost certainly be disputed but Harlands will usually just write threatening letters to you telling you they needed paying back.

 

You should not be compromised (with the bank) for not having proof of the cancellation as long as your dates leading to the refunds are reasonable.

 

:-)

We could do with some help from you

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  • 4 weeks later...

I have received a letter from Harlands group today.

 

They said they have received an indemnity claim from my bank to refund the sum of £139.93.

I was under a membership agreement and they received no notice to cancel my agreement.

 

The agreement also states that such payments are non-refundable and ask that I request my bank to withdraw it’s claim immediately.

 

Should I not withdraw the claim and rectify this breach of my agreement within 14 working day I will incur a £25 admin charge and the matter with be referred to a debt recovery company to pursue the full amount and cost incurred.

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tough ignore them!!

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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Worried about what??

Get reading other threads

Cant see youve read any..unless done when not logged in

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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Share on other sites

Dca's are NOT BAILIFFS

And have ZERO legal powers

 

The charges are a PENALTY and are unlawful

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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Share on other sites

Hi TL,

 

Their current threats are no different to their previous ones - desperate please to get money from you as per my post #9 above.

 

Ignore their letter!

 

Keep us posted and let us know if the bank writes to you any further about your reclaiming your money.

 

:-)

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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  • 1 month later...

Hi all, today I have received an email from “Credit resolution services”.

It states they have been employed by Lifestyle Fitness so another £66.50 has been added to my account balance which now stands at £231.43.

They want me to call and discuss payments. I’m not well and these people are causing so my stress i’m Considering paying the money so they leave me alone. It’s just so much money! I wish they was a method of retrieving old emails so I could prove to these people that I cancelled the memberships

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well don't!!

 

block and bounce their emails

 

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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Share on other sites

bailiff...where the hell did you get that idea from?

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers...

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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Share on other sites

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