Jump to content


  • Tweets

  • Posts

    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
  • 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

Misrepresentation - Local Gym


Tomplatt26
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3447 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

Hi all,

 

My partner signed up to a local gym recently with a friend, upon signing up they were told it was a 12 month contract with the first month free. They were also told they had 30 days to try the gym out and could cancel if they didn't like it.

 

My partner and her friend attended the gym twice over the next 4days but it became apparent that the gym was far too busy at peak times and there was a large amount males that made my partner anxious and uncomfortable (she suffered from anxiety).

 

My partners friend phoned up with 5days of signing up and was told she could not cancel but they did transfer her membership to another gym.

 

When we phoned up to cancel under the grounds of misrepresentation and that my partner did not feel comfortable but they said she had signed a contract and we had no legal grounds to stand on.

 

They did offer to move our membership but the gym was too far away , they also offered an induction session but after dispute and accusing the staff of miss representation my partner feels mor anxious than ever and cannot return for fear of anxiety attack.

 

I haven emailed a number of times now and have offered to pay the gym any costs for signing and cancelling the membership along with a month for the 2days , an offer I think reasonable given the circumstances.

 

My complaint has now moved from their membership department to their operations manager who has said he has looked into our complaint and our accusations are without evidence and our membership still stands.

 

They have said if we cancel our direct debit they will immediately order the bailiffs in- something I really want to avoid as this will not help my partners anxiety !!

 

What's even more frustrating is that this gym is a a trading name of a council funded charity ! (Run for the good of the community)

 

What I really want to know is do we have a case here, can bailiffs be appointed when we are disputing the validity of the contract on the grounds of miss-selling.

 

And can bailiffs even collect on a debit agreement if it is cancelled before the start date (February).

 

Part of me is tempted to give in but this is£312 we do not have.

 

Any advice will be much appreciated .

Link to post
Share on other sites

Tell them to put it in writing. In fact you should be doing everything in writing from now on.

 

If you want some fun, you could ask a friend to go into the gym and to make exactly the same enquiries as you did - except that this time carry a concealed recorder and record what they say. If they say the same thing as they did to you, come back here.

 

Anyway, write them a letter - explain what has happened. Tell them that you object to their threats and that you will not be paying anything and that if they want to go to court, you will be happy to meet them there and to explain it all to a judge.

 

After that don't respond to anymore of their threats and come back here and keep us updated. However if you could record a conversation in which they make you these promises, that would be very useful for you and for many others

Link to post
Share on other sites

Tell them to put it in writing. In fact you should be doing everything in writing from now on.

 

If you want some fun, you could ask a friend to go into the gym and to make exactly the same enquiries as you did - except that this time carry a concealed recorder and record what they say. If they say the same thing as they did to you, come back here.

 

Anyway, write them a letter - explain what has happened. Tell them that you object to their threats and that you will not be paying anything and that if they want to go to court, you will be happy to meet them there and to explain it all to a judge.

 

After that don't respond to anymore of their threats and come back here and keep us updated. However if you could record a conversation in which they make you these promises, that would be very useful for you and for many others

I second this.

Having a recording of their questionable selling techniques would prove very useful

Link to post
Share on other sites

Hi Tomplatt and welcome to CAG

 

Who is now demanding £300+ (is this a gym admin co.)and have they given you a breakdown of how this is arrived at.

 

No bailiffs could be involved unless court action was taken first, and that is most unlikely.

 

Do not offer to pay them a penny until we have got more info from you and offered opinion.

 

I agree that a friend with a recorder sent to ask the very same question would be the best way to get the gym to back down quickly, if they repeat their misleading info.

 

:-)

Edited by slick132
typo

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

 

They have said if we cancel our direct debit they will immediately order the bailiffs in- something I really want to avoid as this will not help my partners anxiety !!

 

 

 

Have they put this statement in writing ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Did they use the specific term 'bailiff' or was it 'debt collection agency' (or similar)?

 

Hi sequenci,

 

Thanks for your reply.

Unfortunately It was a phone call and I didn't record it.But your correct they said the minute we cancel the direct debit they said we will be in breach of our contract and it will be pass to their debt collection agency.

 

They also said because we are in breach we would have to pay the full amount. (£312) that should be £26 per month.

Link to post
Share on other sites

Hi all,

 

Just wanted to say thanks for all your responses , I was very close to just paying the full amount because I couldn't afford any legal help.

 

Just to add some further detail, alll of the dialogue has previously been over the phone with their membership manager, and unfortunately I didn't record the calls.

 

I asked for them specifically to respond via email after our dispute because I felt that given they are a community funded company they should have no issue with me publisising our dispute online to show how they treat customers. (They then said they would take legal action if I did and stopped emailing me.)

 

The other response is via a letter from the coo just saying that he had investigated the matter and our claims are unfounded and the membership still stands.

 

( no written threat of debt collection agency or what they would do next.)

 

I'm going to draft a letter today and put it up here before posting it off to them .

 

Thanks again all your support has really made me think we stand a chance and prevented me from giving in so easily.

Link to post
Share on other sites

Dcas are not bailiffs. They have absolutely no power at all. Follow slicks advice and you'll be rid of these muppets forever.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi Tom,

 

See other threads for example letters and post up your draft here.

 

Keep it simple and short.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...