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About TheKurgan

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  1. Hi, I was hoping someone could help me. Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all. I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault). The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car. Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on). But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described. I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases under the above two scenarios. Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this. Thank you in advance.
  2. Got this email now, this is a joke, and no way am I going to my gym asking them to confirm I sent them this letter recorded delivery to them.
  3. Nope, no recording they phoned me on my landline totally out of the blue unexpectedly on a Sunday. Sorry for your needing to ask that three times. But I was avoiding answering this as i am guessing they will read this forum and know who I am and was wanting the fear of I may have done to linger in their minds in how they treat me They would ignore the subject access request as I once worked in a call center and remember someone doing just this and the response coming back refusing on principal. But saying it in a yada yada form of these call recordings are solely made to help with training our agents and we don't record every call and only a small selection but need to warn everyone incase yours is one that randomly is recorded (even though every call gets recorded as you play them back and listen to them whenever you get a negative review at your weekly stats meeting)
  4. Hi slick132. With regards to the terms and conditions. Its not that specific. It just says "Once you have completed the Minimum No. Of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice." It doesn't say anywhere in the contract what that minimum period is. I just remember from signing up it said during completing all of the things on the display, that it was a year I was agreeing to. But cannot remember if it was phrased 12 months or 1 year. None of my emails, or the FAQs on the website for them mention this. The thing is. The contract states you are paying for the following month. Not the month you have just had. So basically the payment on the 1st of September would be for you to use the Gym in September its not a payment for you using it in August. Your bank tells them the Direct Debit is cancelled. So they knew what this meant. They even wrote to me saying in effect you have cancelled your membership with us simply by cancelling your direct debit. They never wrote to me saying "something went wrong with your ongoing membership, please help us fix it". They knew I had cancelled my membership with them by doing this. The cancellations section of the contract does not make any instructions or reference on how to cancel or penalties if you do it the wrong way. This part above was mentioned outside of the cancellations part of the contract.
  5. Got another letter in the post from Harlands today It says So given they have pretended not to receive the letter I sent to to my Gym that prompted that telephone call that caused this topic on the Sunday I have sent them an email today saying; In my eyes this is blatent attempt at extortion and intimidation. This cannot be legal. They knew I had cancelled my membership so to add Augusts fee's on and an administration fee for trying a direct debit payment they knew had been cancelled is just a joke as nobody would be that stupid to try and get a further months payment.
  6. I was hoping someone could offer advice. I am literally seething mad right now. May 2014 I joined Xercise4less in Newcastle on a years contract. I moved places of work so am no longer near the gym So I stopped going in February and have not been once. My contract ran out in May 2015. But I waited until early July and cancelled the direct debit. A few weeks ago I receive a letter from harlands out of the blue saying I owe them £35. I check the terms and conditions of the contract I agreed to on signing up after this and read the cancellation section and it mentions nothing about how you must go about cancelling and any penalties existing if you do it the wrong way in their eyes so I send a letter back to my gym saying I do not owe you anything as the cancellation section in our contract mentions nothing about any of what you say and I am treating cancelling my direct debit as the end of this matter. Today at 11.30am on a Sunday I get a telephone call from Xercise4less head office "member services" saying I need to pay them £30 for breaching the contract. I tell them I am not paying them anything. So the manager gets passed the call who now says I need to pay them £40. And he then says if I do not pay the £40 to them now he will pass the debt onto one firm who will ruin my credit rating, the next firm who have door step collectors and will come around to my house to get the money and then a third firm who take me to court. I said, why not just take me to court now. Who he responds its for me to instruct a solicitor to take them to court. I respond, nope my contract is with you. Instead of going to debt collectors take me to court right now for breach of contract and we will have a judge decide this. The person hung up the phone on me. Now I am concerned about this in the sense of them ruining my credit rating for experian and whatnot as this lasts on your file for 6 years from what I have been told and means you can get no credit whatosever from anyone. I do not feel I have done anything wrong here. I do not like the tactics they are using as the manner in their call today felt like extortion of money for something of a case of I had been with them for 14 months and not once used the Gym in the last 5 of it. The contract is also terribly worded if they are in the right. But I feel I am in the right on the letter of the contract as their terms and conditions are so poor and unclear and the cancellations section mentions nothing about any of this. Any advice from anyone please?
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