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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Klick Fitness - payment issues


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Back in February, me and my partner signed up to Klick fitness, at a cost of £12.99 a month each. The direct has been collected on the 15th of each month, until this month, when they went for the payment on the 1st of the month. As I wasn't expecting this, both payments bounced, so causing me to pick up a couple of charges on my account.

I've had an email from Klick, informing me that payment has bounced, and that membership is now suspended, and I've replied stating the above facts, although this is the only contact details I have for them, despite searching the net, no contact numbers and the staff at the gym just refer you to the website, so does anyone have any other contact details for them?

I've asked for an explanation of why the payment was attempted to be taken 2 weeks early, and why I wasn't informed of this change of payment date. I've also asked, as a gesture of goodwill, owing to what seems to be their mistake and the fact I've now picked up some bank charges due to it, that they credit both Klick accounts with this months payment.

So, is this a reasonable request, under the circumstances? And if they refuse, what would be my next course of action?

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Hi Kregrs,

 

If the gym gave you no notice of the date change, I think you're protected by the DD Guarantee Scheme.

 

See here - https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&sqi=2&ved=0CEwQFjAA&url=http%3A%2F%2Fwww.bacs.co.uk%2FBacs%2FBusinesses%2FDirectDebit%2FCollecting%2FPages%2FCustomersRights.aspx&ei=4tWIUeq4GqKq0QX6v4EQ&usg=AFQjCNGo6VWKJx5fc4GrhmMbibXffauX0w&sig2=6Xbq-IAojy9b3fc0xTTmFg

 

Never mind trying to call the gym - you need to keep everything in writing only.

 

You should tell the gym you need them to refund the bank charges that you incurred as a result of their DD date error. You should also establish what date the DD is to be taken in future. If the gym does not agree to refund quickly (I'd give them just 7 days to respond), complain to the bank that the DD was taken contrary to the DD mandate and ask THEM to refund the pay'ts. Tell them you also want the default charges refunded and see how they respond on this aspect.

 

If you don't want to remain members because of this, I think you have grounds to cancel, based on their breach of your m/ship agreement, regardless of whether you agreed to a minimum m/ship period.

 

:-)

Edited by slick132

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Thank you for the advice. To be honest, I don't want to cancel, as the monthly fee seems to be the cheapest around, I know its a basic, no frills membership, but it doesn't come with things I won't use, just use of the gym and equiptment.

I've emailed them on the address they emailed me from to notify me payment had bounced (nice to see they can let me know its bounced, but not to inform me they were changing the date), so I'll give it a few days.

The same thing happened to a friend a few weeks ago, but they were talked into starting another membership by Klick.

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Hi Kregrs,

 

The fact that you want to maintain the m/ship will affect how you try to resolve this.

 

You should tell the gym's admin dep't that they must compensate you for the bank's default fees which you incurred as a result of the gym's error. Send a copy of the relevant bank statement showing the default fee but hide other personal info.

 

You also need to agree with the gym the DD payment date so the gym doesn't cause this problem again.

 

:-)

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When you find out how much the bank stings you for the failed DD's, tell the gym they need to pay you to compensate or offer however many month's of free m/ship instead.

 

:-D

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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