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    • His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply?  the letter just says to take the court letter with him. 
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    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
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Fitness club claiming we signed up to a long-term contract, now being chased by debt-collection.


tc14051
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My girlfriend and I went along to a trial session at a local fitness centre we had been told about.

After the session, we sat down in the café and received a free (freshly ground) coffee as we discussed joining permanently with the trainer.

The conversation was brief, 5 mins max.

 

It involved an iPad on which she showed us the booking app they use and details of the different memberships.

We opted for the couples membership at £88.20 per month (endorphin levels were sky high so this sounded like a great deal at the time) plus we get some free gear and a club-branded item of clothing of our choice, each.

 

The club was only a few weeks old at the time, and it seemed like the trainer who was signing us up didn't know exactly how to navigate the sign-up procedure, but we got there in the end. We handed over personal details and my girlfriend gave her bank details for the direct debit to be taken out each month.

We immediately had to pay a pro-rata fee of £67.62 for the first month (September), oh and a joining fee of £50 (!?).

 

A few weeks later and reality hit, we were never going to get our moneys worth from this club and had only been a handful of times in the first couple of months (lets just blame it on our 'busy' lifestyle)

 

We paid again at the beginning October but then my girlfriend finally rang up to cancel.

This is when she gets told that actually she can't cancel the membership as (duh) we signed up to a 6-month contract.

Instead, they suggested that 'we had joined for a reason why don't we just pop down and give it another go'.

 

My girlfriend expressed her surprise at the fact that we were committed to anything, to which they told her all of the details were in her contract.

She went on to ask for a copy of this contract, that she had never seen before.

 

They did email her a copy of a black and white contract, which was filled in with her details and with all of the terms and conditions.

It included our joining date and commitment period end date.

 

At the bottom, there is an Application Declaration section, with signature boxes which were (obviously) blank, because this was the first time either of us had seen this contract.

Page 2, there was a physical activity readiness questionnaire (blank with empty signature box)

Page 3 was a copy of her direct debit (blank with empty signature boxes)

 

She informed the club that she was cancelling her direct debit as these contracts they had sent were quite clearly unsigned by herself, and that she was never informed and/or agreed to the long-term contract. They never acknowledged this email.

 

Fast forward a couple of months and she receives an email from a debt collection agency after a payment of £610.26.

She rang this agency and told them the whole story.

They agreed to put everything on hold and contact the club.

 

The next day, she receives an email from the agency stating that they had contacted the club and they had been advised by their client, that we set up our membership via a tablet they handed to us, that we had agreed to tick and had agreed the terms and conditions in order to proceed.

And that they had no written confirmation of us wishing to cancel our membership (bull****)

 

Therefore they look forward to our payment (of which late fees had been added)

Their t&c's actually say they may charge a fee of no more than £15 for failed direct debit payments and any unpaid fees referred to a debt collection agency will be subject to a charge of no more than £30?

But that's besides the point.

 

We/my gf were never told about the commitment period, and never signed anything.

They sent us a copy of a completely blank contract.

 

We're only 24/25 and have no experience of anything like this, do we just ride it out?

Could we be caught out somewhere along the line, even with them having no signature?

We've watched hours of Can't pay we'll take it away, should we expect to see ourselves on Channel 5 next year?

 

Thanks in advance for any help.

P.S. We never received our t-shirts.

Edited by dx100uk
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Have a read of other threads here. Your experience is the same as those. It's nothing to worry aboit

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi TC and welcome to CAG

 

Please confirm the name of the gym and of the collection company.

 

Don't expect to be on Channel 5 TV any time soon. In our considerable experience over many years, we've seen only one case go to court and that was dropped like a hot potato as soon as the claim was defended.

 

Don't respond to the collection demands by phone or any other means for now.

 

:-)

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Bailiffs only come AFTER you lose a court case

you fail to pay it in 28days

the court allows them to be used.

 

and as gyms don't do court...as slick says - nothing to worry about

 

a DCA is NOT A BAILIFF

they have

ZERO legal powers

safe to totally ignore

 

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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