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    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
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MickKane

Can I cancel membership

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Hi i signed up to a 2 year contract, the gym is always so busy you can never use anything, there are wholes in the floor under the carpet where the weights are dropped which i consider to be dangerous and my wife hurt herself on a treadmill when it stopped suddenly, There are never any staff around to report this.

 

here is my terms and conditions that we signed upto

 

https://www.snapdda.co.uk/Clients/_MasterDocs/MasterTermsAndConditions_0709.pdf

 

thanks for any help

 

mick

Edited by MickKane

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Sorry mick, your links don't seem to work.

 

There may be little chance of your getting out of the contract but you start by making your complaints in writing to the manager with a copy to the head office. Continual complaints may give you the excuse to terminate the contract but you may find you have to defend that position in court so suggest you also back up th evidence with photos etc taken now - make sure they have a digital date stamp on them.

 

Generally gym membership is for a specified initial period & then ongoing on an annual basis but you must be sure not to miss the deadline of giving the required notice before the annual/biennial anniversry or you will be liable for a further 12 months. I suggest when you do give notice, you do so to the head office in writing & by recorded delivery. Gyms seem to be notorious for 'mislaying' instructions like this & then charge you the extra 12 months membership fee so you need proof. ;)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks for the reply, i have changed the link.

 

thanks again

 

mick

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Looks as though you cancel your membership after the contracted number of payments just by stopping your DD but in the meantime you're lumbered unless you can prove the facilities are not what you signed up for i.e. the gym has broken their contract but I don't see any promise here that they will actually provide anything so I guess, theroetically, they could demand payment of you to attend an empty hall.

 

IMO it's contracts lke these that are one of the primary reasons for the fall off in gym memberships in the UK. And you know, a walk, run or bike ride in the fresh air is SO much more pleasant & healthier!!


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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These terms are bull. They are not terms they are a manifesto of what you must do. Terms of a contract do not override English Law. I suggest you have a good read of CPUTR 2008. Then write to the Gym Owner/ Manager. Tell them what is wrong and that you will take the matter up with OFT and HSE if the dangerous conditions are nor remedied immediately. Tell them that unless they remedy the situation then you will be terminating your membership because they are in clear breach of the supply of goods and services act.

 

-chances are they will 'throw you out' to get rid of you, which in the end is what you want.

 

I call it the 'sledgehammer to crack a walnut technique'. It works more often than not - noone want to deal with a pain inthe bum if they dont have to:D

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