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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • 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.

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Gym membership cancellation


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Hi,

 

 

I recently cancelled a gym membership by just cancelling the direct debit as I was about to go overdrawn. I was supposed to give a month's notice which I didn't do so I am prepared to pay them two month's membership. However, they are charging me £50 for missing the two payments and I am wondering if I can contest these 'administration' charges? They are already threatening me with debt recovery companies because I haven't paid yet.

 

 

In addition to the fact I was about to go overdrawn, the gym was also frequently never open on time, something that many people have complained about and I was wondering if I could mention this in my correspondence if I contest the administration charges?

 

 

Thanks in advance for any advice.

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Hello and Welcome Winston,

 

I've moved this thread to the appropriate Forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Hi,

 

 

I recently cancelled a gym membership by just cancelling the direct debit as I was about to go overdrawn. I was supposed to give a month's notice which I didn't do so I am prepared to pay them two month's membership. However, they are charging me £50 for missing the two payments and I am wondering if I can contest these administration charges? They are already threatening me with debt recover companies because I haven't paid yet.

 

 

In addition to the fact I was about to go overdrawn, the gym was also frequently never open on time, something that many people have complained about and I was wondering if I could mention this in my correspondence if I contest the administration charges?

 

 

Thanks in advance for any advice.

 

You shouldn't pay them more than one month's cancellation in any event.

Ask them for a breakdown of any more and to show that their cancellation fee reflects their actual losses

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Hi Winston,

 

Please confirm what gym and/or gym admin company you're dealing with.

 

Were you in a 12 month agreement or on a monthly rolling agreement.

 

The issue of the late opening is really not so relevant. If you were concerned about this, you should have raised it as a separate issue.

 

If they insist on trying to charge you the admin fees, you can use this to argue they are failing to treat you fairly and/or lawfully. Hence you have grounds to cancel on this basis.

 

We can help you with a letter to the gym/admin company if you want.

 

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Hi!

 

 

The gym was Xercise4Less and the company is Harlands.

 

I was on a rolling monthly agreement and I was about to go overdrawn so I just cancelled the direct debit. I know I was supposed to give a month's notice but I would have incurred a big charge for going overdrawn so it was the lesser of two evils.

 

I emailed the gym and told them I want to cancel but they said I have to hand my cancellation notice in with a signature. I sent off a letter but they for some reason didn't cancel my account until after my next payment was due which meant I 'missed' another direct debit.

 

Harlands got in touch and said I owe two months and an admin payment of £25 for each month. And if I don't pay it in the next seven days or arrange a payment plan with them then they will refer me to a debt collection agency.

 

 

I am not sure what to write in my reply, I just think those admin charges are ridiculous but I don't want to be getting hassled by a DCA for them!

Edited by slick132
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Hi Winston,

 

The gym is wrong ! You were perfectly entitled to cancel by email and just make sure you keep a copy of it for future reference.

 

The charges Harlands have added are effectively penalties and, as such, are unlawful and unenforceable. The DCA that will take the matter up is CRS who are simply Harlands with a different hat on !! :lol:

 

You could send Harlands this. Use RM Signed For delivery or get a free Certificate of Posting from the PO when you send it :-

 

Dear sir or madam,

 

Due to personal financial circumstances, I had to cancel the DD mandate for my Xercise4Less gym membership. I emailed the gym on xxdate confirming this although they said I had to cancel in writing with a signature. Even though this is not necessary, I wrote the letter but the date applicable to my cancellation is still the date of my email to the gym.

 

I know I should have paid one more fee for the month's notice but I could not so this at the time. I am willing to pay the further month's fee but I will not pay any admin fees which I know to be unenforceable penalty charges.

 

If you confirm in writing that you'll accept the month's fee of £xx.xx in settlement of all amounts due, I will pay this amount promptly to end the matter.

 

If you make demands for any higher amounts, I will pay you nothing.

 

This offer is open for 14 days, after which it will be withdrawn and I will not correspond further in the matter.

 

Yours faithfully,

 

See how they respond and let us know.

 

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That's great thanks, I'll write that out and send it off tomorrow. :-)

 

Hopefully they'll accept and that will be the end of the matter although I'm assuming they will not back down without some kind of fight! I'll let you know what they say and thanks again :-)

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  • 3 weeks later...

I received a reply from Harlands today which stated that they need to look into my cancellation with the gym in order to resolve the situation with them. Apparently they can't discuss the outstanding payments and cancellation of my membership until they have heard back from the gym about the details of my cancellation.

 

It has now been almost fourteen days since I sent the letter so the deadline I gave them is almost up. I'm not sure what exactly they need to check with the gym that couldn't have been done with one simple phone call or email so I don't know whether to write back and repeat my final offer with a seven day deadline or wait to see what they say?

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Hi Winston,

 

Your offer to Harlands is very clear and, if they miss the deadline, that's their problem.

 

You have no need to reiterate or extend your offer for now.

 

In reality, when they finally respond to you, you may still offer the final month's payment once more to show you being reasonable.

 

:-)

We could do with some help from you

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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.

 

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