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

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!!

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.

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!!!!! ; )

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.

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.

Thank you! # p.s it was meant to start, Without Prejudice

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

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

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.

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.

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.......

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

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.....

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!!

Well all done. Handed the copies to the court and sent the same recorded post to them. Will have to sit back and see what happens now. In a game of chess, I would say "your move" I think. Googled the address of the barrister, which was on there letter. Its full of Qcs and lords. Its a very high class outfit, It must of cost the bank a fortune to sent him down from london. Bit worried now.

oops done it twice. What a nutter. Dont think are do that. ha ha

To The Court Manager, This letter is to let the court know I have still not had any documents from the Defence and as they emailed their Skeleton Defence the night before the preliminary hearing. I am concerned they are planning to do the same again. In the courts order it states, “ Each party shall deliver to the other party and court, copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing” The defence is not complying with this order, and this development, I feel is compromising my case and putting me at a disadvantage. I am worried the Defence is withholding documents and will produce them for the first time at the hearing, therefore, having the element of surprise. If the Defence is unable to comply with the order of the court, they should inform the court and myself immediately. Thank you for taking the time to read this letter. 　 　 　 Yours Faithfully, AND THIS ONE FOR THEM This letter is to let the defence know I have still not had any documents from you and as you emailed your Skeleton Defence the night before the preliminary hearing , I am concerned you are planning to do the same again. In the courts order “ Each party shall deliver to the other party and court, copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing” The defence is not complying with this order, and this development, I feel, is compromising my case and putting me at a disadvantage,(taken by surprise) and you are planning to do the same again. This is a perverse interpretation of the direction, and which requires the documents to be sent before the court case started. This letter is to remind you of your duties and state that if you are not able to comply with the order of the court, that you should inform myself and the court immediately .I warn you, that late antics will result in an application for adjournment and remind you I will claim costs for this, should you choose to do the same again. I will not be so tolerant of late submissions a second time and expect to have a copy of your defence in good time. Yours Faithfully, This letter is to let the defence know I have still not had any documents from you and as you emailed your Skeleton Defence the night before the preliminary hearing , I am concerned you are planning to do the same again. In the courts order “ Each party shall deliver to the other party and court, copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing” The defence is not complying with this order, and this development, I feel, is compromising my case and putting me at a disadvantage,(taken by surprise) and you are planning to do the same again. This is a perverse interpretation of the direction, and which requires the documents to be sent before the court case started. This letter is to remind you of your duties and state that if you are not able to comply with the order of the court, that you should inform myself and the court immediately .I warn you, that late antics will result in an application for adjournment and remind you I will claim costs for this, should you choose to do the same again. I will not be so tolerant of late submissions a second time and expect to have a copy of your defence in good time. Yours Faithfully, Any good ???

Think it very important to make a point of last minute email. will have a look at my emails to see a time and date More facts the better. Will sit down and think up a letter, Short and sweet I think would be best Thanks again

Just had a look and it says "Each party shall deliver to other party and court copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing So should I write a letter to the court and send them a copy. How to word it.

Last time at the preliminary hearing, the other sides barrister send me a email of there defence the night before the hearing.The 14 days are up now before the hearing. I have not received anything from them. Surely they cant do the same again before the main hearing, as this puts me at a disadvantage. I have given the court and them my bundle. I thought everyone should have a level playing field. Anyone know the rules on this one. As I thought we both had upto 14 days

Maybe there might be a last minute offer and yes I would like to just walk away from the whole thing.I just think that they wanted to see that bundle and what was in ti before they do. Like you say testing you as a person and to see what you are made of. Just hope they enjoy it over a nice cuppa. I do know if I put all the hours I have on this into working at my job I would be a lot richer.

Its taken all day. Pages numbered.All pages in order. Cross fingers and wait. Thanks again

Had all this time and now the last minute dash!!!!! HELP!!!!

Can you let me know how this sounds>.... Skeleton Argument for Hearing 10.08.2010 　 The Defendant, Natwest Bank , has so far to date, made no effort to discuss mediation with the Claimant. This begs the question, when is it reasonable to refuse mediation, or in which cases is mediation inappropriate ? In, “Hasley” Lord Justice Dyson considered the approiatness of parties choosing to mediate in the context of whether a party behaved unreasonably by refusing to do so. In July 2003 Mr Justice Lightman said in, “Hurst v Leeming [2003]” Lloyds rep37 : “Give mediation a chance . Give it a chance at the earliest opportunity” . In this case this has not happened. Below are the reason’s why Mr Harris feels his claim against the Defendant are sound and worthy of the Courts time. BACKGROUND 　 In the defence set out by Natwest, it is stated, “…the Defendant has admitted that in error it changed the dates of his ( “Claimant’s) Standing Order payments from the Current Account to pay the Loan Account, without the knowledge of the Claimant. As a result of the change in payment dates, payments into the Loan Account were late and the Defendant accordingly registered several late payment markers with the Credit Reference Agencies (“CRAs”).” So clearly liability has been admitted. Why then, are Natwest stalling on paying Mr Harris the compensation he rightly deserves? Mr Harris’s claim was struck out by the courts own initiative 8 April 2009. There was then a hearing to decide if the case had any merit on the 21 May 2010 . It was decided that the Claimant can show he has a real prospect of success and that he can show new evidence of recoverable losses sustained by the Banks error. Mr Harris was in the process of finding finance for a new van for his self-employed work, when the Bank placed false late payment markers with the Credit Reference Agencies . This caused Mr Harris to be refused finance. This caused a lot of inconvenience to the Claimant. He had to discover why these late payment markers were there, have meetings with the bank manager to try and rectify the situation.( Please find enclosed copies of the notes made by the manager of Natwest in Ashford. ) These clearly show Mr Harris concern about not being able to obtain a new van on finance. This was brought into question by Natwest when they said in their defence that, “…he has provided no evidence that his requirement for further credit from a different lender for a new van was within reasonable contemplation of the parties as at the inception of the Loan Account in November 2007. Accordingly, any such loss would be too remote.” This is unclear. Mr Harris took out the original Loan Account in November 2007, this loan was to purchase a car for his wife. This loan had no bearing on buying a van then, or indeed now. The issue in question is, and always will be, the Late Payment markers wrongly placed on the CRAs report, which affected Mr Harris ability to obtain future credit. Mr Harris feels he has suffered loss and damage directly due to the defendants conduct of my credit agreement with them. 　 The Defendant states in their defence that, “..a lender may have manifold reasons for refusing credit” This, of course, is true in some regards. But Mr Harris has copies of his credit report that clearly show his other financial commitments were up to date and the only “blemish” on his otherwise very good credit report, were the false late payment markers placed by Natwest. Not only this, but as soon as the late payment markers were rightly removed, Mr Harris again applied for finance for a new van, and was accepted. Therefore, proving his credit standing was very good without the markers. The effect of the entries could be almost automatic rejection of credit by the lender. It is inconceivable that these consequences would not be known to a commercial bank. Putting entries on the credit registers run by Experian and Equifax could have far reaching consequences on the ability of a person to obtain credit. Mr Harris would have been able to buy the van and on balance of probabilities he would of bought it. People made enquiry of the registers and became aware that there was a negative credit reference, or a reference which had the effect of cautioning prospective lenders, which were posted again against the pursuer. Natwest also maintain that, “Even if he were turned down for credit as a result of the late payment markers, he has provided no evidence that any refusal of credit caused him any loss.” On the issue of remoteness, the Judge in case “ King” stated, “…it was not necessary to foresee the precise chain of events, there was enough to establish that it was foreseeable that the pursuer would suffer an inability in obtaining credit. He submitted that the underlying reasoning in the case “King” was that there was an injury to credit whether or not there was an actual inability to get credit in any given circumstances. CASE LAW: As Judges in these cases have written: “Had there been no finding of specific loss in this case, I would have had no hesitation in finding that an award of damages for mere injury to credit was appropriate.” In modern society credit plays a very big part in conduct of daily lives of a significant portion of the population. The financial services Industry is constantly advertising loans, credit cards, store cards, mortgages, consolidation loans etc . To have one’s credit worthiness impugned, so that one is at risk of being unable to obtain credit on the grounds that he is not credit worthy is, if anything, a more significant matter for the individual than it would have been at the time of “ King”, over a hundred years ago. Mr Beynon has submitted that a figure of £10.000 would be appropriate. The figure of £100 awarded by, “Sheriff “ and left standing by Inner House in, “ King v British” translates, according to National Statistics Publication, “ Focus on Consumer Price” indices 2008, table 5/3 to £9975 in the year 2008. The figure of £5,500 awarded to an individual in, “ Kpohraror v Woolwich Building Society” 1996 4AU ER119 was not interfered with by the Court of Appeal in 1996 and, in today’s figures, would be worth £8,215.” 　 Symons v British Steel 2004 Sc HL94 and in particular paragraph 60. Lord Roger sets out the lines to be taken into account in approaching any question of damage once liability has been established. The first of these, and Lord Rogers starting point, is that the defender is not liable for a consequence of a kind which is not reasonably foreseeable. As a consequence of the defenders negligent misrepresentation that the pursuer was in default of his obligations to them, the pursuer sustained a general loss to his credit worthiness which is fairly stated at £2500. Whether an individual was or was not meeting his obligations was ascertained by reference to the credit registries and in particular, Experian and Equifax.