Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cooling off period that made me heat up.


Asterix68
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3607 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My wife recently joined a slimming help website called JustSlim. Initially they give you a 4 day trial where you can decide to continue with one of their various offers. The way the offers are perceived, by the way they are worded, makes it look like 1 month is £40 but take out a 12 month subscription and it is £15 per month and it has a little asterix explaining the saving based on a single month. It also offered a 30% discount code.

 

My wife signed up, and applied the discount code which didn't work. She contacted them explaining this and asked then to just cancel the account. They replied and said they had fixed it and the discount would be applied. At the end of the trial period she had noticed that they had taken payment for the full yearly amount.

Again she contacted them and the reply was surprising. They told her point blank she is not getting her money back as she took out the yearly subscription which is full payment up front. My wife went on to their forum after a few attempts at getting a refund and each answer was similar in that she agreed to join and is not entitled to her money back.

 

I took a look on the website and I looked at how it is laid out and although if you look deeper at their offers it appears the full payment is taken but it is designed to fool you into thinking its a monthly option. I also looked at their cancellation policy which states you have 7 full days to cancel after payment is taken, 'provided you don't use the website'. My wife pointed this out and asked them to cancel her subscription and her account and remove any and all her personal data. The reply came back saying, 'Thank you for contacting us, your posts have been removed as requested'. They removed the posts only because she had made a complaint on their forum.

 

Since contacting them they have been completely blasé about the whole issue and are adamant that no refund will be given despite their policy. My wife contacted them initially within the trial period to cancel and they replied by saying she would receive a the discount offer. She then replied on the day payment was taken, so she still had 7 full days to cancel. This was only yesterday but they are sticking to their guns and have stopped replying. She hasn't used their services since the payment was taken but I noticed today they are sending her 'daily updates' as if she is using their services.

 

Sorry about the length of this 'question'. But what can we do about it?

Link to post
Share on other sites

Hi Asterix68

 

How exactly have they debiting the monies? Direct Debit, Credit Card, Debit Card or Bank Transfer?

 

If you paid by Debit Card:-

 

Speak to your card provider ask to do Chargeback

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

If you paid by Direct Debit:-

 

Speak to your bank ask them to refund via Direct Debit Guarantee

 

http://www.directdebit.co.uk/DirectDebitExplained/Pages/DirectDebitGuarantee.aspx

 

Let us know what they say.

Link to post
Share on other sites

I take that your wife has been sending emails to cancel the subscription and they are just ignoring your wish to cancel.

 

This is in their 'Questions section', have you tried doing the following:-

 

'If you wish to cancel your free trial, please refer to the WorldPay FuturePay Confirmation email you received when you signed up. Follow the instructions to login to your FuturePay account where you will be able to cancel your account. Alternatively, submit a support ticket to justSlim stating your FuturePay account number and indicating why you wish to cancel. We will then process the cancellation on your behalf.'

Link to post
Share on other sites

hello,

maybe you should contact your bank again and ask the reasons why they are not meeting the requirements of BCOBS - (Banking Code Of Business or possibly Banking Conduct of Business) - you can google it.

 

I believe that the onus is on your bank to prove that you did not authorise the full payment.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

Link to post
Share on other sites

My wife tried the Worldpay option but it only allows to cancel future payments, I.E. The subscription for next year. Also called FuturePay. When my wife contacted JustSlim to have her subscription canceled they replied by stating that all future payments have been canceled, meaning next years payment. They knew exactly what she meant but like I said already the fly bas...ds are stalling. They are tactically answering certain correspondence but when asked to cancel account under 7 day cancellation period, they just ignore it. I contacted them again this afternoon to cancel the account and they have not replied.

Link to post
Share on other sites

Hi Asterix68

 

Have tracked down details of the owner of the website:-

 

Domain Name: JUSTSLIM.NET

Registrant Name: Nicholas Alexander

Registrant Organization: N/A

Registrant Street: 49 Woodland Park Hillsborough Road

Registrant City: LISBURN

Registrant State/Province: Antrim

Registrant Postal Code: BT28 1LQ

Registrant Phone: +44.2892667139

Registrant Phone Ext:

Registrant Fax: +44.2892641188

Registrant Email: n.alexander34@googlemail.com

 

Contact:- Consumerline (Northern Ireland) -

 

http://www.consumerline.org/

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

 

Write a Formal Letter of Complaint, mark it as such.

Explain what's happened (Trial - tried to cancel - won't allow you too), how they have let you down (won't refund payment) and what you want them to do (refund payment).

 

Add the following to the end of your letter:-

I would point out that because XXXXXXXX are regulated by the Financial Conduct Authority, that XXXXXXXX has to adhere to a set of legally binding key principles laid down in the Banking Conduct of Business Sourcebook (2009):-

Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

Communications with clients – A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

What's the name of your bank?

Link to post
Share on other sites

Hi rebel11,

 

Thanks for your reply. I'm a little confused as your advice appears to say I should contact my bank which by the way is Bank of Scotland. At the end you tell me to add the information detailed in your last two paragraphs, but this info would be for JustSlim would it not? The bank won't help as my wife gave card details which to them is authorising payment regardless of the fact she was led to believe the payments were monthly.

 

Would it be in my interests to contact the person who's details you found? I could appeal to his better nature (which didn't work with the company) or go in guns blazing demanding a refund which is my right anyway. Then again it's just the website owner, probably nothing to do with the company.

Link to post
Share on other sites

Hi rebel11,

 

Thanks for your reply. I'm a little confused as your advice appears to say I should contact my bank which by the way is Bank of Scotland. At the end you tell me to add the information detailed in your last two paragraphs,

but this info would be for JustSlim would it not? The bank won't help as my wife gave card details which to them is authorising payment regardless of the fact she was led to believe the payments were monthly.

 

Write to your bank as suggested, your wife has taken advantage of the Trial, she has tried to cancel but has been ignored, they have taken the money, they need to refund the monies. The bank are doing what suits them.

 

Send your letter to:-

 

Ms Alison Brittain

Head of Retail Banking

Lloyds Banking Group

[email protected]

Would it be in my interests to contact the person who's details you found? I could appeal to his better nature (which didn't work with the company) or go in guns blazing demanding a refund which is my right anyway. Then again it's just the website owner, probably nothing to do with the company.

 

You could do, you've got the details. Have you read the following:-

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

Link to post
Share on other sites

If you can manage DDs through online banking you should be able to cancel the DD at anytime.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thanks BRIGADIER2JCS,

 

From what I believe, the payment isn't a direct debit as such and anyway it doesn't matter as they took full payment, not the first month. It looks like a 'one off' card payment but set up using worldpay/futurepay. This means you haven't signed up for a continuous direct debit but given them permission to take a further payment in the future to continue a subscription. I believe they do it this way deliberately, with their vague details and wording so that you sign up thinking its a monthly payment, so that you can't claim back using the direct debit guarantee or stop payments.

 

Have a look at their site and tell me what you think of the way the offers are set out.

Link to post
Share on other sites

You could do, you've got the details. Have you read the following:-

 

http://www.consumerline.org/newsroom/[problem]-alert/121/beware-of-free-trial-slimming-and-beauty-products/

 

Thanks, I had a look. This would have been great if the company concerned was mentioned. I'm not sure if they can help me as they are in Ireland. I'm thinking of just blogging their name everywhere and anywhere. If I can't get my money back maybe I can convince others not to join. I'm a long time member of Ciao so I could start there and leave a link to my 'review' on other popular sites. If I prevent just one person giving them money, I'll be happy but this not enough I want to be very very very happy :) I've heard that no publicity is bad publicity, boy is that wrong. This company will end up on their own diet because they will have no money to buy food by the time I'm finished with them.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...