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    • EON may have paid £89 refund in error and now they want it back.   Up to you really. But once you have sent the copy death cert that should stop any further communications.  You can of course look to take this further, but whether you would easily gain any compensation, is the question that you need to ask yourself.  They may dig their heels in and you then get into months of ping pong communications.
    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
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xercise4less have charged twice!


lsadlier
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Hi, I have been charged two lots of £9.99 for 4 months, I raised the issue with xercise4less in April and have emailed copies of my bank statements as proof, the problem is that it has been over a month and I still have not received any refund. Each time I call I am told it will take 5-7 days, then it will take 7-10 days etc etc. I've sent several emails via their contact page but I cannot find a contact number for their head office, does anybody have one? Or any ideas of what I can put in a letter to get them to pay up? Thanks

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Exactly why you should never use direct debit!

 

Go to your bank and demand an immediate refund under the DD guarantee.

Then lodge a formal complaint with X4L, for all the good it will do, if it were me, I would be cancelling the DD, and setting up

a standing order, which is something you control, not them!

 

And as soon as your contract is up, vote with your feet, and steer well clear of this outfit!

 

It is your bank that needs to refund you. And today, not tomorrow or in a week opr whenever they feel like it, immediately!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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In future, don't have any telephone dealings with them unless you have followed the advice in our customer services guide

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is it possible to get a dd refund even if the amounts came out of different banks?

 

How the hell have they done that then?

 

Why would you give them bank details of two separate accounts?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Isad and welcome to CAG

 

Can you please tell us a bit more about there being two banks involved ??

 

As said above, do not deal with the gym or with Harlands (who TRY to run the admin for the gym) by phone.

 

Keep it in writing only and, if you deliver a letter to the gym, take a 2nd copy and get a staff member to sign and date it as proof of receipt.

 

If Harlands have failed to use the DD mandate properly, you have grounds to cancel the gym agreement if you want. However, you should still pay for the four months you've been a member.

 

We can help you negotiate paying and/or leaving if you want.

 

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