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    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
    • The main thing is to stop shoplifting because it could be worse next time. If you think you have mental health issues that led you to do this, please go and have a chat with your GP. They won't judge you and should be able to get you help if you need it. HB
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Gym Membership Overcharging


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Hi There,

 

I'm hoping can somebody help with this.

 

I have been a member of the same gym for nearly 2yrs, in September last year i upgraded to 'national' membership so i could use any in the country, at an additional cost of £6pm (As i visited a gym during lunch which was 15miles+ from home).

 

A few months ago all of the gyms in my region were taken over by another company, as such my national membership ceased to be 'national' yet remained at the same price (as the takeover company are only small).

 

Having had a chat with a "sales" person, they have stated they will alter my membership to the lower price but will not refund any overpayments for the last few months.

 

Is there any legislation i can throw at them in order for them to refund this? I haven't come across this kind of thing before but i would expect they cannot do this?

 

Many Thanks :)

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I don't believe so, as most Gym memberships are organised on the basis of an annual fee that is then paid monthly. If yours is not (genuinely a monthly commitment) - then you should certainly insist that as they could not provide the service you paid for for those months, you are due a refund. If they do not agree to a refund or compromise solution, you should threaten to leave.

 

However if annual, then you would have paid annually for a 'national' service that is now no longer available, so as this clearly is to your detriment, you should use this as your leverage to get a refund, or to terminate.

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Thats the one i have, 12-month subscription paid monthly.

 

Six months in they've lowered the tier yet expect me to pay for the higher tier (which no longer exists).

 

I know people have gotten out of mobile phone contracts when terms have been changed that they do not agree with, am i able to use a similiar idea in order to get my money back?

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The price you paid was correct for the time you entered into the contract, so if the fee was £200, then this was the annual fee you had to pay to be a member. If the fees were revised a few months later, then you would benefit from the reduction at the next renewa. Because it is this amount you are payinf off monthly, it doesn;t mean that your monthly rate sgould fall.

 

If the firm isn't willing to compromise as part of their commitment to 'customer satisfaction' there really is nothing you can do - it is the luck of the draw. Some people with a different joinging/rejoining date may not have been inconvenienced as much, but intevitably, that's life.

 

A letter to the club administrator, pointing out how this has caused you to lose out by £XX might be worth a shot - they can only say no....

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I think you should keep pushing for a while yet. You were paying for a national service and the new company no longer provided that service. If the original contract had included national usage as a free extra then the new company could have withdrawn it but they were charging a set extra fee for that sole purpose and no longer providing what you'd paid for.

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The gym in question is Fitness First and there are many different types of membership so i'm not sure whether there is an 'annual fee' as such more of an agreement to pay X per month, though i will check later.

 

The contract states that i have signed up for the 'national' membership though and they are not providing this regardless of whether or not there is an annual cost, i am simply not receiving the service i have signed up for.

 

I'm astounded they can do this and get away with it.

 

Shall try and see somebody at the weekend and hope i get someone reasonable, i don't actually think i've ever seen the manager there mind!

 

Many Thanks for the help buzby.

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I think you should keep pushing for a while yet. You were paying for a national service and the new company no longer provided that service. If the original contract had included national usage as a free extra then the new company could have withdrawn it but they were charging a set extra fee for that sole purpose and no longer providing what you'd paid for.

 

Well it wasn't a free extra it was the actual membership i had signed up for, they had varying levels of membership and i chose one which gave me the use of every gym of theirs in the country.

 

Since being taken over i can now only use the one (see above) as opposed to every single one i signed up for.

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they have stated they will alter my membership to the lower price but will not refund any overpayments for the last few months

 

I don't understand their thinking for doing one without the other. By lowering your monthly membership cost they are effectively admitting they don't provide the service you have paid for.

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