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thanks, i feared that was the case!

A family member bought a new suite from DFS on credit, 12 weeks delivery. We are 6 weeks down the line and disaster has struck. His girlfriend has walked out on him and the house has to go up for sale so the suite is not wanted. A quick call to DFS got the expected response that the order cannot be cancelled. I wondered if under some clause or other it can be stopped or cancelled as it has not yet arrived? Any help appreciated. Thanks

@ gruffle gaw. it is an original copy and it has a list of charges that they can apply, all of which seem extortionate. they have since sent a letter to say the gym disagree and they are pursuing me for the money. any more advice? im a bit stuck tbh!!

I have spoken to the gym, they refute the allegations. They are hiding behind the finance company. I am considering paying the finance company off and taking action against the gym as I think this would be the most painless solution?? Would this be a good idea??

bump. The outstanding debt is only about £130. It has become a point of principle now, I dont like being threatened and called a liar. I will make a good donation to the site if someone can help me resolve this favourably. thank you

bump with edit to make thread more concise!

Hi, @ admin, there is already a thread on this, can you delete it please as it is superlong winded and would take an hour to read. My wife joined a Gym on a 12 month contract. She agreed monthly payments with a company called Leisure Finance. Quite quickly it became apparent that the club was a dump. The floor area was not level, many of the machines were not working properly, she was never given an induction and the keep fit classes were repeatedly cancelled without warning. We have witnesses to support all this! To briefly summarise this the following is where we are at ~ 6 months in to the 12 month contract we repudiated the contract in writing to both the gym and finance company. ~ the finance company responded (eventually) with a £30 admin fee and have said they will pursue us for outstanding payments ~ the gym refute the allegations. we have spoken to the Manager who refuses to back down. The contract is to the consumer credit act 1974 and there is a clause that states that if we do not receive suitable service we may sue both the supplier (gym) and the lender (finance company) I am wondering at this stage if I should pay the finance company off and then sue the gym in the small claims court. We are obviously worried about getting a bad credit rating. Any advice would be gratefully received. Thanks

Hi, links updated. thanks for that!

also, having read through the contract it says this.... ~the consumer credit act lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not the lender cannot enforce this agreement without getting a court order. What are these requirements? ~then it says, this act gives you a number of rights, item 2) if you received unsatisfactory goods or services paid for under this agreement you may have the right to sue the supplier, the lender or both other than stating the contract is with the gym it doesnt really mention it at all! does that help me??

MySpace - View Image This link should be page 1 of the contract and this link should be page 2 I hope MySpace - View Image I spoke to the credit agency today, they reckon they have sent us a letter stating the club refuses to cancel the contract but we havent received it. They have refused to remove the £30 charge also. Very snotty woman! Help someone please!! Would you still suggest speaking directly with the gym is the way to go?

Hi, Thx for responses, will try to upload forms later this evening. I dont hold out much hope for the gym because it is quite a small grotty place and when my wife went in to sign the contract she asked if she could take it home for me to read and the manager said `no, its not allowed to be taken off the premises` which set me worrying straight away. I should add that we have now written 3 letters to the gym all delivered by recorded delivery saying we are cancelling. They have not replied to a single one of them. Its been over a month now!

Hi, I now have a copy of the contract from the Gym. I would be grateful if someone could advise what I should do next. I cant attach it to my post so Im not sure what I should do!! Thanks

@gruffle gaw - thank you so much for taking the time to put such a detailed response. I am very grateful. I will follow this through later this evening when I get home. @mickthemiller - thanks also for a quick response

Hi, Please bear with me becuase this is a bit long winded!!! My wife joined a Gym on a 12 month contract. She agreed monthly payments with a company called Leisure Finance. After a few months it became apparent that the club was a dump. The floor area was not level, many of the machines were not working properly, she was never given an induction and the keep fit classes were repeatedly cancelled without warning. After 6 months of this she decided she had had enough and joined a different Gym. We cancelled the direct debit and wrote a letter to the Gym saying we were cancelling membership due to the problems as described above. We got no response. Then a letter arrived from the finance company saying we were in arrears. We sent a recorded delivery letter to them explaining why the direct debit had been stopped and asked for the account to be put on hold while the issue was resolved. We also sent a recorded delivery letter to the Gym explaining again the reasons for cancelling and asking them to reply within a reasonable time period. The finance company agreed to put the account on hold until 15-12-06 (2 weeks) while we awaited a reply from the Gym but we never received one. We sent another letter by recorded post to the finance company on 12-12-06 stating that the Gym had not responded and asking them what we should do. Their written response to this was a new arrears notice with a £30 admin fee for late payment and a threat of court action I called the Finance company and asked them what they were playing at and they said that they were in discussions with the Gym and a letter would be sent out to us in the near future. They again agreed to put the account on hold until 12-1-07 So........ ~ for my money the Gym has broken the contract as they have not provided the promised service. ~ secondly, they have now had well over a month to respond and have not done so. I would say this is not `reasonable` and therefore they are at fault ~ thirdly, the finance company have responded in an aggresive bullying manner and have not attempted to help us in the slightest. Am i right or am i talking rubbish? Should I just pay the £150 and forget it? Its become a point of principle now but we dont want to end up blacklisted!! I would be very grateful for any experiences or advice! Thank you

just juming on this! what about the mortgage exit fees that there seems to be a stink about at the moment. this is a fee for transferring information to a new lender that is now largely electronic and the charge has gone up from typically £50 to as much as £400 in recent years this is obviously a penalty for leaving your mortgage provider. my logic tells me it is the same as account bank charges?

Hi, No! I didnt speak to him but when I spoke to the Section Manager on the phone she told me to address the letter to him and he signed the offer letter in pen. Keep up the good work!

to update again. the person who I contacted and who offered me a refund at First Direct was Robert Kernaghan - Customer Relations Manager.

Astonishing yet true!!!!! I haven`t even collected my bank statements from the DHL Office yet and I received a letter offering me a full refund to the tune of almost £600. Thats off the back of one phone call and one letter!!

to update, I have NOT been charged for 6yrs worth of statements. They sent them by DHL in less than a week. I wonder if the length of time you have had your account and the amount of use you give it has any bearing on their decisions?

Hi alll, I sent my first letter to First Direct this week after receiving an excess overdraft fee of £80 for one month. They never even told me i was beyond the limit. I noticed myself and moved some money from another online account I have with them yet they still say the charge was for `administration costs` How does that work??? Made me chuckle when I spoke to them on the phone. They started their drivel about me breaking the terms of the contract, `actually` I said, `I think you `ll find that it is you who has broken the terms of the contract as it is an implied term of that contract that you will behave in a lawful manner, bla bla bla`. Oh! she didnt like that at all!!!