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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Harlands - Yet again


Tom_Lynx
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Hi,

 

I'm looking for some advice as Harlands seem to be saying I'm wrong at every point.

 

When signing up for the gym I went into the store and asked:

 

Can I leave the contract as I will be moving to uni late into it? Was told yes.

Will there be any charges for leaving? No.

Is there a way you can list these questions down on my profile so I have record of asking them? "Sure I'll do that now."

 

So when I came to cancel as I had a chest operation in July, I was told I had to have a doctors form and send them £25 in cash/cheque, which I sent. And when I rang up today because they're to charge me £40 (my mum got a letter from them recently as I cancelled the DD months after sending the letter because I was thinking why am I still being charged membership fees?), they claimed to not have received such letter.

I then told them that when I joined I was told there would be no fee and basically got told well there is and you have to pay it, so then I told them about what I was told at the gym (otherwise I wouldn't have actually signed up at all) and they then told me that I was lying as I applied from home - even though I did everything in the actual gym.

 

What should I do? :/

Sorry if I haven't explained everything properly as I'm still fuming at them, feel free to ask me any questions.

 

Tom

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Hi TL and welcome to CAG

 

First off, do not talk to them on the phone at all. Keep it all in writing only so you have a clear record of everything.

 

They can charge you £40 if they want but that does NOT mean you have to pay it. Their admin fees are penalties and are not enforceable in law.

 

1. Do you have a copy of the letter that you sent to them confirming you were cancelling.

 

2. Roughly when was it sent and what did you say.

 

3. Did they write to you saying you had to pay a £25 fee and send in a doctors form.

 

4. You cancelled in July but when did Harlands take the latest DD payment from you.

 

You had the right to cancel when you left for Uni because this was what you were told when you joined at the gym.

 

However, if you left the gym earlier due to medical reasons, you had the right to cancel then instead.

 

If they took payments AFTER you cancelled, you may have the right to reclaim DD payments direct from the bank.

 

If I had a pound for every time a gym or admin company say they never rec'd a cancellation letter, I'd be rich !!

 

:-)

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The letter is at my mums so I can't list on details on that yet.

 

But for the one I got with the doctors notice, I got sent the cancellation form as well as the doctors thing so they were sent in the post together, so I didn't get a copy of either.

 

The last DD was September :/

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Ok, I reckon if you cancelled in July, you should have paid one further amount for August for the 1 month's notice period.

 

I would therefore write to your bank saying :-

 

I cancelled the the DD mandate to Harlands in writing in July and they were entitled to one months' notice so the August payment was okay.

 

However, the payment taken for September was not authorised and I would like this refunded immediately.

 

The DD mandate has already been cancelled to prevent further payments being taken.

 

Harlands will reply saying they note that the September payment has been taken back by the bank and they now need you to pay it. You can tell them this is not going to happen.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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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