nottslad
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LA gym --> Pure Gym -cancellation rights?
nottslad replied to nottslad's topic in Gyms and Health Clubs
Sorry for the confusion... LA fitness went into Administration and Pure Gym have bought them out from the Administrator. In terms of the email from GymFlex who administer the scheme, what she is trying to say is that the gym hasn't officially gone over to Pure as of yet, despite the fact the Pool, Sauna and Steam Room will be closed from Wednesday, I think she is trying to say that as she hasn't heard anything it's not an issue so the membership carries on on the agreed terms -
LA gym --> Pure Gym -cancellation rights?
nottslad replied to nottslad's topic in Gyms and Health Clubs
Hi slick Joined in April The takeover happened last month, and was due to LA being in Admin previously The refusal is coming from Gymflex who administer the payroll gym membership (I work for a big 6 energy supplier hence helping out in that forum!) - see below the email from them.... "Good Afternoon Tim LA Fitness are notifying us of the full club closure with at least 30 days. We are not receiving notice of partial changes made within club whilst they are still open. For annual members the offer of cancellation from LA Fitness is only being offered once the club fully closes, the refund of remaining months will then be returned to your employer so that salary deductions can be amended. Kind regards, Rachel Hayes" The pool closes on Wednesday so as I say from that date on it becomes a cheapo gym, so why hould I pay £30 for a £15 a month gym -
Hi all Wondered if anyone could help re the cancellation of gym membership. LA have been taken over by Pure Gym. As a result of this, my club's pool will be closing on Wednesday so they can fill it in and put more gym equipment in. Essentially this means that the gym will become just another run of the mill cheap gym. I pay through salary sacrifice, and despite sending copies of the correspondence from LA/Pure confirming what is happening, they are refusing to cancel the membership. This is leaving me paying over the odds for a gym I didn't sign up to. The term's and conditions have nothing around this, but surely as the service becomes different to what was originally purchased then there should be a force majeure type clause. I have mentioned I may go to Trading Standards but could do with some advice please guys?
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Completely agree with the other comments - the billing code is for your protection, not theirs! You will be entitled to at least the last six years, unless you're in Scotland where the limitation period is 5 years. A strongly worded letter to the CEO should resolve this
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Unfortunately this isn't an uncommon problem, particularly in older properties that have been converted in to flats. Be very careful about what name is placed on the bill. A supplier will only be able to issue the one bill for the meter point, so it really is down to the landlord/residents of the property. Whoever is on the bill is liable usually. In my experience, the best solution is for the account to be in the landlord's name, however they're usually reluctant as it ultimately makes them responsible for the debt. The other option for the electricity I guess would be for the landlord to have a private electrician install coin meters, then empty it quarterly to pay the bill, although this would be a cost, it would definitely cost less than the installation of a whole new supply
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Agree with DX - little difference between satisfied and settled... have you spoken with a mortgage broker or just the advisor at your estate agents, have found a broker to be a lot more helpful in the past I'd start the negotiations on it at 25% if I were you, you never know they may bite your hand off - start low and negotiate up... it's been a while since I worked in a collections area, but in my experience at EON we'd sometimes settle at 50% - obviously each company is different though
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It does happen but if they've farmed it out to an agency you'll probably have to agree that with them Also, your credit file would show it was settled rather than satisfied/paid in full... either way unless you can prove they messed up then it's pretty likely the default will remain on your file for the full 6 years... personally i think 6 years is excessive - my finances are nothing like they were 6 years ago but because i had a bad patch it's still haunting me
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I'd pay the supplier direct - if the default is showing on your file as issued by them then they haven't sold it on, they're just farming it out to DCAs - generally if one DCA can't get any success they'll pass it to another and so on. If a DCA had bought the debt then it would show on your file as being owned by the DCA and money owing to them, rather than the supplier
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Might be an idea then to request a SAR to see the notes on the account from around the time you moved out, there should be a note of a call being received - that would be a way in to make a complaint about their lack of action leading to a deafult, if that's what happened
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Did you inform them when you moved out and provide them with a forwarding address? If you did and they failed to carry out actions on their part then this would be a failure on their part
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If the default was issued correctly then they won't remove it
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Thanks Dacouc that's really helpful
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Hi all, wondered if any of my fellow caggers could help! I had a crash back in May, car has been repaired and I paid £200 excess. The other party has now admitted liability. How/when do I get the excess back? Tesco Insurance have passed me on to Aegeas Law who are dealing with a personal injury claim (I suffered a good bump and sore neck!) - any ideas as to when the excess will be given back as £200 isn't an insignificant amount of money and since Tesco have recovered all their costs surely they should be sending this back?
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@britishgashelp Back Billing British GAs
nottslad replied to paula43uk's topic in Utilities - Gas, Electricity, Water
Suppliers can off-set payments made against the back bill amount I'm afraid. Effectively, if they carried on taking payments or if there was a credit on the account at the beginning of the period being charged for, this will be used towards the charges; the billing code would then only apply to any shortfall in payments -
it would be unusual for a supplier to change the name on the account without obtaining permission to do this as a contract exists, whether deemed or as an express written agreement, with your wife
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https://www.energy-uk.org.uk/files/docs/Factsheets%20and%20guides/back_billing_consumer_guide.pdf is very useful I've not worked in a customer facing role for many years now, however from what I remember I don't think the back billing code comes in to this; they haven't actually charged for any under-billed consumption. Seems like they have charged the standing charge, so that part wouldn't have been under-billed, so I can't see that the payments should or would be refunded. Having said that, the supplier has not acted in an appropriate manner towards a vulnerable customer and could have done more to resolve the issues. The Op has also suffered from lost time and costs of calls etc. I think the best course of action would be to write recorded delivery to Scottish Power setting out the grounds for complaint - IE they failed to act when asked, and that you are unsatisfied with the way this has been handled. What then would you like them to do to put matters right. Be realistic with the level of compensation you request - perhaps £150 in full and final settlement would be a suitable amount
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Thanks CitizenB, I read somewhere that the debt becomes due from the date of the first letter asking for repayment of the balance, and this is the date where the clock starts ticking for time barring. Any thoughts on the terms and conditions issue? Surely the Ts and Cs that were applicable at the time form the 'contract' and must be provided?
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Hi all Well - the plot thickens with my ongoing battle with HSBC and MKDP. I have started a complaint surrounding the charges on the grounds of hardship and this will be going to the Ombudsman for further consideration. I've asked HSBC to provide a copy of the terms and conditions that were applicable to the account at the time when the charges were applied and the transactions were made; they cannot provide me with these. When I worked within the debt recovery team at E.ON the Ts and Cs would have been an essential part of a claim - how can a supplier / institution demonstrate that they have acted in line with a contract if they cannot furnish the customer with a copy of the terms and conditions? This raises the question as to whether the debt is enforceable without the terms and conditions? I mentioned in my complaint to HSBC that as it had been over six years since the initial cause of action that I consider the debt to be statute barred. They responded that MKDP need to respond tho this. Any further advice would be really welcome at this point
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Hi all Well - the plot thickens with my ongoing battle with HSBC and MKDP. I have started a complaint surrounding the charges on the grounds of hardship and this will be going to the Ombudsman for further consideration. I've asked HSBC to provide a copy of the terms and conditions that were applicable to the account at the time when the charges were applied and the transactions were made; they cannot provide me with these. When I worked within the debt recovery team at E.ON the Ts and Cs would have been an essential part of a claim - how can a supplier / institution demonstrate that they have acted in line with a contract if they cannot furnish the customer with a copy of the terms and conditions? This raises the question as to whether the debt is enforceable without the terms and conditions? I mentioned in my complaint to HSBC that as it had been over six years since the initial cause of action that I consider the debt to be statute barred. They responded that MKDP need to respond tho this. Any further advice would be really welcome at this point
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They're asking whether you are vulnerable in order to ensure that the account is handled in the correct manner. Vulnerable customers have additional rights, in terms of being able to escalate matters to the Ombudsman quicker, suppliers not being able to disconnect, and probably some other collections process as opposed to the standard one. All suppliers should be asking this to try and identify whether customers are vulnerable
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it is possible that they did reply and have sent a letter you've not received, so I think it would be worth checking with them at this stage? Your other alternative is to wait the 40 days for the DPA request, then go to the Ombudsman about the whole lot - there'd be little benefit to you of escalating the matter now and then doing it again if you dont hear anything on the back of the SAR
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It is the new supplier who is responsible for the switch; I think what has happened here is that co op only sent the data flows for the one meter, and the secondary meter is probably not able to be billed in it's own right as this would mean you'd have two lots of standing charges, meter operator agreements etc (the energy industry is still quite archaic in this respect!!) Have the co-op now credited out the charges they made? It would be my opinion that you should seek some form of re-dress from the co-op and at the very least NPower should be offering you a backdated contract. Make sure that the NPower bill only covers 12 months, they should have billed you
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Have you still got the bills from both COOP and NPOWER? Your first port of call really is that you need to check the meter serial number on your bills match the number of the meter that supplies your flat. The other thing is are both meters in use? Check the meter reads and whether they both advance or if just one of them moves on. Did NPower send a back dated bill? If so they can only go back twelve months due to the billing code
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Hi all I have a debt with HSBC which has been sold to the delightful MKRR. The debt's about £1500 and is 50% charges, which I am complaining to HSBC about and arguing hardship - their first response was a standard we think it was fair blah blah blah so I replied with further info about my personal circumstances... Re the statute barred query; is it 6 years from the date they actually sent the default notice or is it six years since I last serviced the debt ie made a payment to the account?
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If the bill is for purely standing charges then it is unenforcable. A deemed contract only comes in to existence from the moment you take supply. Provided the meter reads confirm that there was no consumption then they must write off these erroneous charges.
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