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    • Farooq v evri is the judgement you want in.   Do you have a copy of do you want me to upload it again here?
    • I have added the correct format for the court. Country Court ..... as it was on the letter today, other letter had the justice.... . That is on the unredacted copy sent to admins email.   Which Evri judgement, could you give me a steer? Wadhwa one?   It's not in dispute, bar that paragraph you picked up. I was looking at that one, and I do agree it's pointless. Thank you for your help.
    • Firstly, and sorry for not asking earlier but have you submitted your DQ yet?
    • As suggested by JK2054 I'll email Evri to their small claims email address, attaching the label and collection receipt and quoting the Money Claims ref number. Is there anything else in addition to sending the email I should do at this stage? Rgds, J
    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
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Bannatynes mis-sold me memberships


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Hi Jennifer,

 

I see in post #17 above, you said you'd report any ongoing collection activities to the CEO (Duncan Bannatyne).

 

However, after seeing how he treated a cancer sufferer/survivor in this Daily Telegraph-reported case, I wonder if this would, in fact, do you any good - http://www.telegraph.co.uk/health/healthnews/8896311/Cancer-survivor-banned-from-Bannatyne-gyms-after-court-case.html

 

Have a read and let me know if you think a complaint to Mr B is going to help you. If so, I'll suggest a brief letter to send.

 

:-D

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:shock:.....Oh, maybe not then. It doesnt look as if Mr D is a very sympathetic man then so I wont bother wasting my time writing a letter directly to him. I will just wait and see if I do infact receive a court letter and if so, I would be really grateful if you could help me out with the defence

Thank you

xx

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If it ever gets that far, we will certainly offer you all the help and support that we can.

 

:-)

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  • 3 weeks later...

Morning everyone,

 

I received another letter yesterday from Bannatynes saying that:

 

Further to the recent "Notice Of Intention To Issue A County Court Claim" sent in relation to an outstanding balance held agaist your membership, as no payment has been received to settle the account we write to advise that our Courts Department may now seek to recover the balance through the County Court.

 

We would prefer to resolve this matter prior to any further action being taken. Currently a balance of £435.00 (husbands letter says £653.27) is held outstanding against your membership. As a gesture of goodwill, we will offer a 20% discount reduction on this balance providing this is received in full in 14 days of this letter.

 

As you know, I am not going to pay this due to the fact I strongly feel we were missold this, so shall I reply to this?

 

Thank you

Jen

xx

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Further to the recent "Notice Of Intention To Issue A County Court Claim" sent in relation to an outstanding balance held agaist your membership, as no payment has been received to settle the account we write to advise that our Courts Department may now seek to recover the balance through the County Court.

 

We would prefer to resolve this matter prior to any further action being taken. Currently a balance of £435.00 (husbands letter says £653.27) is held outstanding against your membership. As a gesture of goodwill, we will offer a 20% discount reduction on this balance providing this is received in full in 14 days of this letter.

 

They also MAY dress in drag and do the hula.... Just saying. :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Hi Jennifer,

 

I suggest you reply saying:-

 

I refer to your letter of xxdate regarding court action.

 

I will not be paying the full amount, a reduced amount or any other amount, for reasons which I have already stated.

 

So, if you wish to take court action, please feel free to do so without waiting for your 14 day deadline to expire.

 

Yours faithfully

 

:wink:

Edited by slick132
typo

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  • 2 weeks later...

Hi Vicky,

 

We can only hope that Bannatynes and other gyms will recognise that the attitude of them and their admin companies will stop folk joining or staying with gyms.

 

:wink:

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  • 2 months later...

Morning everyone,

 

Just thought I would update you all by letting you know that Ive not received anything from Bannatynes since December. I am quietly hoping they are not pursuing this any further, but another part of me is thinking - maybe a court letter will come through my door at any point :(

 

Jen

xx

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I think any threat will be empty. In your place I would welcome them taking court action rather than living with uncertainty as they have little to zero chance of success.

 

From your 1st post they clearly mis-sold this, and any judge will see this. Their arguments are all flawed as if they did provide what was promised you'd still be using the gym.

 

Forget these fools, move on and if they do rear their ugly head we'll cross that bridge when we come to it.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Hi Jen and I agree with Locutus.

 

........ but another part of me is thinking - maybe a court letter will come through my door at any point :(

 

Jen

xx

 

Exactly 4 months ago in post #23 they said they were going to start legal proceedings and despite subsequent similar threats, they've haven't taken any action. Their threats appear to be hot air.

 

Don't worry about this any more - if they take court action, we'll give you all the help we can.

 

It may also be that Bannatynes are now trying to be careful about their actions. The OFT have closed their investigation into 3 of the big players on the understanding that they agree to treat members more fairly - http://www.consumeractiongroup.co.uk/forum/showthread.php?384697-Gyms-forced-to-end-unfair-exit-clauses-in-contracts

 

:wink:

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