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love bug

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  1. Hi, thank you for the advice. I have written up a letter to send to the Housing Association. I would appreciate it if i could have some feedback on it before i send it.....just to make sure it all makes sense!! Thank you!! Here it is........ 19.04.13 Official Complaint Dear Places For People, I am writing to you once again as my initial email regarding overcharging with regards to my rent, has been meet with no reply. As such, I would now like this to be treated as an official complaint. Our rent has recently be decreased from £ xxx to £ xxx . As you are aware, at the residents meeting on the 22 .03 .13, we were told of an overcharging in relation to the service charges on our rent account. If due to overcharging on service charges, our rent has been decreased, I must remind the housing association that a consultation should have taken place for this decision, therefore, I now require details of when and where this consultation took place on this specific issue and I would like to know who approved this course of action to reduce the rents due to this error. I also require copies of the following documents: 1. Complaint policy and procedure 2. Customer care standards/charter 3. Rent and service charge policy and procedure 4. Full rent statements and complete breakdown of service charges from July 2007 – 2013 inclusive 5. Copy of board minuets approving rent reduction due to the service charge error 6. Why my rent decrease of £16.29 was started from this month I look forward to a speedy response Yours sincerely xxxxxxx
  2. I don't know if anyone can help me, but i have lived in a Housing Association house for the last 6 years. Recently, they wrote us a letter to say they were reviewing our rent. Then we received a letter informing us that it had gone down by £40 a month. Around the same time i went to a residents meeting run by the Housing Association. At this meeting it was brought to the associations attention about the decrease in rent, and why it had gone down. They replied that they had overcharged residents certain service charges on the account, such as communal cleaning even though we don't have this service. I enquired if we would receive a refund and was given no reply. I have since written to the Association and requested a breakdown of services i have been charged for and for a refund of services i have been overcharged for. I have received no response so far. This was 16 days ago. My question is: can i do an Access Request to ask for all my rent statements since i moved in? What do i do next in terms of taking this futher? Who do i write to? I hope this makes sense!! Thank you for any help!!
  3. Thank you for your help. Having read what u said, if they cannot affect my credit rating that way. It is worth a shot at least to teach them a lesson on picking on the little guy. Once again thanks for all your help.
  4. Hi, yes as soon as the gym said i couldn't cancel the membership, i rang and asked if it was possible to change the details over to my wife so she could at least use the facilities i was paying for. They said this wasn't something they did. If i wanted my wife to join i would need to pay another monthly fee for her as well. I explained that what had happened, i.e i was unable to come due to work commitments, therefore would be paying for something i didn't want and couldn't use. I asked as a goodwill gesture could they please change it to her name. Was told no. They were quite rude and adamant that it couldn't be changed. If i do need to pay the outstanding amount i owe i need to do it before they issue a CCJ. As this is something i do not want on my credit file. If you think i should pay, please let me know. If my case wont stand up, i will just swallow my pride and pay the amount.....and never ever ever even think of joining their gym again!!!!! ; )
  5. Hi, thank you for the quick reply. Ok, didn't realise about no cooling off period if you signed on the premises. Thank you for letting me know about that. My wife and i have a joint bank acct. Does this make a difference? I would be grateful for your advice on what you think i should do next. Thank you.
  6. Hi thanks for the response. In answer to your questions, the start date of the contract was the 24.05.11. My wife went into Bannatynes and signed me up as a gift. The contract was in my name., but she signed it. I was unaware that she had done this. When i found out she had signed me up i tried to cancel within a few days. As due to work commitments i am unable to go. She also answered and signed a health questionnaire on my behalf. I was under the impression that all contracts have a 'cooling off' period of 14 days. Is this not the case then? It is the gym that has threatened court action for £144.00. I wrote a letter and cancelled after nine months, as i had tried unsuccesfully to reach an agreement with them over this. i assume this amount is for the three months i refused to pay. I paid the monthly direct debit as i thought i was 'locked' in a contract. But after nine months i had had enough. Surely it is unenforcable for a contract to be in my name but signed by someone else?!! Thank you. I really appreciate your feedback, and if i actually have a case or not.
  7. Thank you! # p.s it was meant to start, Without Prejudice
  8. I am thinking about sending this letter to Bannatynes as they are threatening to take me to court. Please let me know what you think. Thank you. Without prejuice : I am writing to express how very disappointed I am with your company. I feel you have failed to address my complaints, and your use of heavy handed collection techniques which I believe have no place in the business of dealing with consumers, as stated in the unfair contract term act 1977. I feel no contract has been broken myself, as I have signed no contract with you. so no terms and conditions were told to me. I believe I need a membership card with a picture of myself to use your facilities I have not received or used, ( i.e set foot in your gym.) I contacted yourselves to cancel my contract within 14 days of the contract starting, stating that I myself did not sign the contract which was in my name. I was informed that I was unable to cancel as it was a 12 month contract, which was very strong. I contacted Sue Roberts the club administor of Ashford kent branch and left messages but received no reply. So i feel that unfair terms in the consumer contacts regulations were have been apposed upon me, so will not stand up in a court of law. I will defend my case and costs will be awarded to me. So far I have paid £480 for faciilties i have never used, didn't sign a contract for and didn't want. As a good goodwill gesture I would have imagined Bannatyne's Health club would have at least changed the membership into my wife's name so she could at the very least use the facilities i was paying for. This was not the case. After speaking with your company several times about the fact that the contract is in the name of Mr x, but not signed by the same name, i would now like a copy of this contract sent to me along with my membership card, which up to this point i have never seen. Please understand that i have tried to resolve this matter with yourselves on several occasions, but since you have now threatened me with a CCJ, i feel i have exhausted every avenue with you. Please find enclosed copies of some case law that i have found relevant to this case, which i am sure the judge will find most useful. For the measure of damages in contract, see 12 Halsbury's Laws (4th edn) paras 1174-1176 and for a case on the subject, see 17(2) Digest (2nd reissue) 248, 1271. Cases referred to in judgments Addis v Gramophone Co Ltd [1909] AC 488, [1908-10] All ER Rep 1, HL. Bank of New South Wales v Milvain (1884) 10 VLR 3, Vic Full Ct. Bliss v South East Thames Regional Health Authority [1987] ICR 700, CA. Brown v KMR Services Ltd [1995] 4 All ER 598, CA. Davidson v Barclays Bank Ltd [1940] 1 All ER 316. Evans v London and Provincial Bank (1917) 3 LDAB 152. Gibbons v Westminster Bank Ltd [1939] 3 All ER 577, [1939] 2 KB 882. Hadley v Baxendale (1854) 9 Exch 341, [1843-60] All ER Rep 461, 156 ER 145. Heron II, The, Koufos v C Czarnikow Ltd [1967] 3 All ER 686, [1969] 1 AC 350, [1967] 3 WLR 1491, HL. Joyce v Sengupta [1993] 1 All ER 897, [1993] 1 WLR 337, CA. Monarch Steamship Co Ltd v Karlshamns (AB) Oljefabriker [1949] 1 All ER 1, [1949] AC 196, HL. Parsons (H) (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] 1 All ER 525, [1978] QB 791, [1977] 3 WLR 990, CA. President of India v La Pintada Cia Navegacion SA [1984] 2 All ER 773, [1985] AC 104, [1984] 3 WLR 10, HL. Rae v Yorkshire Bank plc [1988] BTLC 35, CA. Rolin v Steward (1854) 14 CB 595, 139 ER 245. Wilson v United Counties Bank Ltd [1920] AC 102, [1918-19] All ER Rep 1035, HL. Cases also cited or referred to in skeleton arguments Hill (Christopher) Ltd v Ashington Piggeries Ltd, Christopher Hill Ltd v Fur Farm Supplies Ltd (Norsildmel, third party) [1969] 3 All ER 1496, CA; rvsdsub nom Ashington Piggeries Ltd v Christopher Hill Ltd, Christopher Hill Ltd v Norsildmel [1971] 1 All ER 847, [1972] AC 441 HL. Marzetti v Williams (1830) 1 B & Ad 415, [1824-34] All ER Rep 150, 109 ER 842. Prehn v Royal Bank of Liverpool (1870) LR 5 Exch 92. Seven Seas Properties Ltd v Al-Essa (No 2) [1993] 3 All ER 577, [1993] 1 WLR 1083. Victoria Laundry (Windsor) Ltd v Newman Industries Ltd (Couldson & Co Ltd, third party) [1949] 1 All ER 997, [1949] 2 KB 528, CA. Appeal and cross-appeal By notice dated 18 May 1994 the plaintiff, Udele Edirin Kpohraror, appealed from the decision of Master Tennant in chambers on 16 February 1994 whereby he awarded the plaintiff damages of £5,500 in respect of an action for breach of contract for wrongful dishonouring of his cheque against the defendants, Woolwich Building Society, contending that he was also entitled to recover special damages for loss of profit on the transaction and on ten further shipments which would have followed from it. By notice dated 7 June 1994 the defendants cross-appealed against the award on the ground that the plaintiff was only entitled to nominal damages. The facts are set out in the judgment of Evans LJ. Daphne Loebl (instructed by Anthony Gold Lerman & Muirhead) for the plaintiff. Katherine McQuail (instructed by Morgan Bruce, Cardiff) for the defendants. Cur adv vult I look forward to a speedy response. Yours Sincerley Mr x
  9. Hi, don't know if anyone can help me resolve this Gym Membership problem i have!! Back in May ( 5 months ago now...) i went into Bannatynes Health club and signed my husband up for the gym. £48 a month. I did this as a gift to him, so he wasn't there when i signed all the paperwork. It was put in his name, but i signed everything in my name. I gave him the gift, but unfortunately, his work hours changed soon after and he is just never here. Works six days a week all hours so he has never been to the gym. I rang Bannatynes 12 days after i took out the contract and asked what their cancellation process was. I was told the contract had to be at least 9 months old before i could cancel it. After paying the fee's for 3 months i rang again, and explained the situation stressing that i could go to the gym in his place and seeing as he had never even set foot in their gym, could the membership be changed in to my name?!! Their answer: NO!! So as it stands now, five months after i signed, we have never been to the gym, we can't cancel it or change the name on the membership. So are paying for something we cant use!! What i was wondering is: Can a contract/ Credit agreement be legal if the person who's name it is in, never signed it? As in our case. My husband's name is on the contract.....and i signed it???? We don't want our credit rating to be affected by just cancelling it? Would be grateful of any advice reallY !!! Thanks x
  10. Had about 15 phone calls in the end. Just got last minute nerves and ground down by it all. All done now, just wish I went in the little room,(court). Its just all the calls started to grind me down, (cant say he didnt do his job then). Oh well a win is a win. Thank you so much for your help.I really do mean that. Just a bit annoyed I didnt go toe to toe with him again. Nerves got the best of me. Again thank you.
  11. Well had a couple of phone calls on friday, Was informed that the offer was way to high in his opinon. Gave me a hour to think about it. Now been told the barrister is coming down to court on tuesday and I will not be able to claim costs and they are preparing the papers. Just a thought but it is way to late to put anything else in now. E mails must of gave them something to think about, plus there legal bill is at 3k at the moment.
  12. Dear xxx, Section 4 of your way of service dated the 2nd of August 2010, ( which is seven days before the hearing and not the 14 days as directed by the court.) Standard disclosure- What documents are to be disclosed 31.6, mainly 31.6 b (i) adversely affect his own case. Why the Subject Access Request appears to have been completed, minus the banking notes made by the Bank Mananger, when i have now obtained them elsewhere from another source. The question is simple, why has the bank not provided these notes? The Bank has an obligation to disclose not just what is good or neutral to them, but everything that may lessen their chances of winning, especially after taking into account the 93 days to present these documents in the Subject Access Request. I respectfully suggest that your client review their position in light of the enclosed precendents and pay me the relatively modest sum i have asked for in my claim form. Yours faithfully.......
  13. It states allocated to small track. standard directions apply. and about all documents no later than 14 days before the hearing. So a email to there little helper is needed I think. Will have to put the thinking cap back on. Will start it: without prejudice save as to costs
  14. Right where to start : Recieved a bundle from Cobbetts today, including a witness statement from the Senior Legal Advisor of the Royal Bank of Scotland!! Which pretty much detailed all that has taken place. Having looked through all the paperwork, i have realised that the SAR they sent to me, was missing pieces of information, which Cobbetts have! Hmmm..that doesn't seem right to me that they left out copies of notes made by the Bank Manager which put the bank in a bad light. Also, the bank dont seem to have the original copy of the loan agreement, only a copy of the one i had sent in my bundle? It is now a week untill the court case, and i have only just recieved their bundle...... They emailed me earlier with another offer, which was still a lot lower than what i feel i am owed...so off to court it seems like!!! Dont know what to do next really.....
  15. Preperation as in need to write out a opening and closing speach. Just need to put all the details together and make it flow. Will have to have a big sit down and come up with a well put together little number. thanks for all of your input, been a great help! Hopefully, they will realise that they dont want to go to court and just give me the compensation i deserve!! well, i live in hope anyway!!
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