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    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I 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.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Advice on personal injury claim through insurance


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Hello

 

I had a car accident almost 3 months ago where another car hit me at the rear at a high speed, as a result I have suffered bad whiplash amoungst other associated injuries.

 

I have not appointed a solicitor as the insurance company said I didn't need one and their claims team will handle things. I was referred to an independent medical expert 2 months after the accident and the outcome was a report that said I had sufferred whiplash that has caused severe pain at times and it is likely to take a further 4 months to heal (6 month injury in total). I am not 100% confident that it will be better within the time stated as it still causes moderate pain daily but I am hoping they are right.

 

The insurance company have offered me £2000 compensation but I want to take my time and see if it heals before settling. The insurance company said they will only make this one offer and as I have not appointed a solicitor they are offering me the maximum amount up front that is achievable and there is no negotiation.

 

I think the offer is a bit low and I am a bit confused as everywhere I read it says you negotiate on the compensation figure, where as the insurance company said 'take it or leave it'.

 

Is this correct? Should I get a solicitor or will I only get the same amount anyway?

 

Thanks in advance.....

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Hello and welcome to CAG.

 

I expect the insurance guys will be along later today or tomorrow.

 

I'm not one of the experts, but I share your concern about being told 'this is how it is'. I'm sure I've read on here that the guys have told people to think twice about settling because they don't know when they'll be better.

 

Hopefully they'll be along soon to tell you what they think, please bear with us.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi,

 

The offer will be on the table for a long time - dont worry about that! You have 3 choices: you can wait until 6 months, if you still feel pain then ask for supplementary medical report, you can take the money now, or you can get a solicitor. Personally I would ake option 1 BUT... if you are wanting a settlement now £2000 for a 6 month whiplash is quite generous (if it is for pain and suffering only) - ie no loss of wages... You could always squeeze an extra £500 if you wanted...

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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Not an expert in PI claims.

 

It really depends on how bad the injury is and how it will affect you in coming years. Only medical assessments will help you with this.

 

I have had whiplash from a Rugby accident and while the pain went after a month or so, I had a dodgy neck for several years after. Dodgy in that I did not have amount of movement, would more often wake with a stiff neck and it was just uncomfortable for at least 2 years after.

 

So the other thing you could look at, other than compensation, is for the third party Insurers to pay for physiotherapy or other treatments that may be recommended. I strongly recommend that you look into this, as if you need any such treatments, I think you would rather the third party Insurers pay for these, rather than yourself. You would struggle for the NHS to offer such treatments.

 

If you can get £2k plus cost of ongoing rehabilitation treatment to help the neck recover, then I would think that would be about right. The third party Insurers would need some medical assessment about the need for this ongoing treatment, but I think it is worth getting.

We could do with some help from you.

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Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

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Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

 

I think the Insurers have a point. Are you willing to spend 6 months going down the legal route and coming out with the same result ? I can see a judge looking at it and deciding not to awards the costs to you, so you would have a legal bill, if you did not use a no win no fee company.

 

Up to you. There is no harm speaking to PI solicitors about a no win no fee claim for this and seeing what they say.

We could do with some help from you.

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Well considering the JSB Guidelines put compensation for a 12 month neck injury at £2,850.00, £2,000.00 for a 6 month injury would seem more than reasonable.

 

You can't have physio treatment indefinitely, it has to be supported by the medical expert.

 

If you don't think you will recover then wait until the end of the prognosis. Either way there is a risk.

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