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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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cwil21

Xercise 4 less gym cancellation

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Hello Slick132,

 

 

I was looking at a question you answered for a member regarding xercise4less and was hoping you may be able to assist me also?

 

I recently signed up to this gym after recommendation by a friend, initially contacting via email which then turned into a day pass followed by a barrage of calls from sales members asking me to come in for a "chat"

 

Eventually they persuaded me to join however I had some doubts as I asked for my agreement only to be told this would be sent via email.

 

I made the initial payment however did not receive any information and when queried the gym blamed a system error and my details however sent me a few emails. I decided after a few days this was not for me after being involved in a heated, almost physical altercation with another member of the gym.

 

I have asked politely to leave but they are telling me as I signed in the gym I "waived all rights to a cool off period" and "any privilege to leave has been removed from me" and are trying to insist I stay even going as far as to bar the member who was involved in the fracas which in turn left me no choice but to play middle men between the two gyms as they decided on the person's fate (Without him ever knowing)

 

I have spent hours on the phone to countless branches and staff who all say they understand my situation and can help me then ultimately say they cant and to speak to the next person up (who is conveniently never available) and now I am growing frustrated that they are trying to delay and stall me into a corner so I cannot request to leave.

 

I can 100% guarantee I was never made aware of the no cooling off period otherwise I would never have signed. If possible could you advise on my next steps in order to protect myself and still get the desired outcome as currently I am in need of any guidance I can get.

 

 

Initially I signed up on Friday 24th July and I made it clear I was unhappy on the proceeding Monday via email (which received no response) and in person on Wednesday which was when I was informed of my rights by the receptionist (which they have conveniently forgotten about now). I have sent out numerous emails to supposed managers and even an area manager with no real response.

 

 

Please accept my apologies if this is not the correct way to go about seeking advice I am just extremely desperate for some help.

 

 

Many Thanks

Edited by slick132
Name removed to retain anonymity

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Hi Cwil and welcome to CAG

 

Name removed from your post to keep you anonymous :wink:

 

The gym is correct - by signing on their premises, there's no cooling off period.

 

At the moment I see no obvious solution to your dilemma. It was your responsibility to read the agreement and understand the terms governing the m/ship. It wasn't the gyms responsibility to tell you there was no cooling off period.

 

The altercation issue won't help you if the gym have barred the other party. But I don't understand what you say :-

 

...... which in turn left me no choice but to play middle men between the two gyms as they decided on the person's fate (Without him ever knowing)

 

Can you explain this.

 

:-)


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Hi Slick,

 

 

I have spoken to a number of sources who have now confirmed that I still have the right to cancel and I have been down to the gym and signed my cancellation forms to activate my COP and kept a receipt on my side which clearly states reason for leaving as "cooling off period 14 days".

 

 

I have been advised that the cancellation should be confirmed by an email and any monies that were due to be taken should be cancelled however should this not be the case then to get back in touch with them to ensure everything goes to plan.

 

 

Should the company renege on this (even though I have paperwork signed by them) then I will obviously take the matter further and be requesting some more of your help slick if that's is okay?

 

 

Many Thanks

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Hi Cwil,

 

Of course, you are welcome to come back at any time.

 

Knowing that Harlands are involved, I'd expect it'll just be a matter of time before Harlands/CRS start demanding fees and admin charges.

 

In any event, please keep us updated.

 

:-)


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 !:-)

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