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    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • Do you also own land the garages on and the private road? Or is it shared freehold with right of access to all freeholders or why?  Dx  
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Cancelling Bannatynes Membership


Argyll
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I informed (in writing) my local Bannatynes gym I was leaving. I was under the impression that under the new OFT ruling the cancellation period was 30 days. This would have meant my contract ended on 14 February.

 

However I received a letter from Bannatynes informing me my membership would not end until 28th February as its 30 calendar days. When I called Bannatynes they explained this was in my contract. I'm sure I have the contract somewhere so I haven't checked yet but surely any ruling would supercede this?

 

I know it's only 14 days but I've already made plans to join another gym on 14 Feb and do not wish them to overlap.

 

Is the 30 day calendar rule valid or is this another case of them trying it on?

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Hi Argyll,

 

To be sure on this, you would have to check the T&C's of your agreement.

 

However, it makes sense to me that your cancellation should be effective up to the end of a month, or it should coincide with the usual DD payment date.

 

So for example :-

 

1. You give notice to cancel on, say, 14th Jan and the last DD payment would be taken in early Feb leaving you free to use the facilities up to 28th Feb.

 

2. You give notice on 14th Jan and the normal DD date and m/ship date is 22nd Jan. So you would pay the final DD on 22nd Jan leaving you free to use the gym up to Feb 21st.

 

In any event, you will see from the experiences here of others, that arguing about 14 days is simply not worth it.

 

Unless you can show from the T&C's that the gym is wrong, pay as they suggest and then cancel the DD.

 

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I understand what you're saying but it doesn't seem quite right to me. For instance if I decided to cancel two days after my DD it would mean I would have to wait 58 days to cancel. This makes the 30 day cancellation ruling by the OFT a bit of a farce.

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I think the aim of The OFT was to :-

 

1. Stop gyms signing members up to agreements for more than 12 months.

 

2. Ensure that members could leave in the event of moving home, redundancy or illness/injury.

 

3. Get rid of unfair terms that required you to give 3 months notice to quit.

 

Agreements reached with The OFT will hopefully make m/ships fairer for gym users.

 

In your case, you are talking about 14 days and, unless your T&C's say you don't have to cancel in that certain way, it's not worth arguing with the gym.

 

:-)

We could do with some help from you

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