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    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I 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. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
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Dodgy car from dealer - Have I screwed myself?


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Hey folks

 

I have some experience buying and selling cars however I have recently had my first bad experience.I bought a car from a dealer about 180miles from my home (it was a somewhat rare car and I live in the north of Scotland). The dealer seems fairly reputable with a large premises and shifts a lot of high value vehicles. The vehicle I purchased they had received as a trade in and were advertising it as "Sold as seen". The dealer also stated the vehicle was sold as seen with no warranty when I was viewing it.

 

The vehicle seemed to be in good roadworthy condition with a full 12 months MOT, good service history and low miles (62k). The dealer also stated that I shouldnt have a problem getting it home as he had driven it himself for a couple of weeks after they received it. after viewing I decided to buy the car, the dealer reiterated that the vehicle was sold as seen and I filled in the information for the V5 and signed a receipt. HOWEVER the receipt states that the vehicle was "Sold as spares or repair",I did notice this at the time but said nothing of it (stupidly). The dealer did not even hint that the vehicle was not roadworthy and even forced me to show proof of tax and insurance before I drove it off his lot.

 

100 miles and 2 hours later well cruising at 70mph the vehicle lost power and stranded me at the side of the motorway, I was able to coast at idle along the shoulder to park at the side of a B road outside of the motorway. AA man said that it was most likely the oil pump had siezed and starved the top end of the engine of oil causing it to overheat. Although he said that by quickly pulling in I may have saved the engine from siezing (it still starts, fires on all 6 cylinders however there is a lot of valve tappet rattle), so the vehicle is most likely fixable. The vehicle is 11.5 years old (53 plate) with 62k miles on it and was purchased for £1000. I am aware under the Sales of Goods act that a dealer cannot sell a car to a private individual as Sold as seen and must offer some reasonably reliability however I am not sure if I have screwed myself by signing a reciept stating "Spares or repair"

 

Tldr:

Bought an 11 year old motor with 60k on the clock for £1000

It was advertised at a dealer as sold and seen to be driven away but the receipt states "spares or repair"

Had a valid MOT 12month by the dealer with 3 minor advisories, none of them related to the major fault

Broke down 2 hours and 100 miles later

 

Do I have any comeback with the dealer to request a refund for repairs? I have not contacted the dealer yet (it is Sunday I bought it on Saturday). Nor have I had the car properly assesed by a mechanic (family friend is assessing damage on Monday)

 

Thanks

CAE

Edited by Caelite
Messed up paragraphs somehow
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It had a full MOT yet sold for spares or repair

Something does not add up

 

Car was advertised Sold as seen. Advertised as a roadworthy vehicle to drive away. Receipt clearly states "This vehicle is sold as spares and repairs" next to where I signed, Id post a picture of the receipt but my paperwork is at my folks house about 2 hours away from me. To be honest it seems like the dealer is pulling a fast one to try to cover his ass against someone in my situation. The question im asking is will this method of ass covering work for him if I where to seek compensation for a ****ed vehicle?

 

Also is it worth even trying considering the age and value of the car (in my opinion im looking at a few £100 of repairs)

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You shouldn't have signed it if you weren't ok about it being spares or repair. No, a dealer cannot sell a car to you 'as seen' UNLESS it's for spares. The fact that it had an MOT is irrelevant - it can be roadworthy but still sold on a spares / repairs basis - in which case it is sold as it is, as you are buying it for parts: I know and you know you weren't buying it for parts, but sadly you signed for it saying you were.

 

 

Very sticky one, did the ad say spares or repairs or just sold as seen?

 

 

If no spares or repairs actually stated in the ad you may have an outside chance. If the ad actually stated spare or repair then you've got none.

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You say you have bought and sold cars, are you trading yourself ?

 

If you are a consumer then sold as seen has no legal standing in fact it is seen as an attempt to take away your statutory right and that is unlawful.

Edited by Conniff
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You say you have bought and sold cars, are you trading yourself ?

 

If you are a consumer then sold as seen has no legal standing in fact is it seen as an attempt to take away your statutory right and that is unlawful.

 

 

Yes, unless the car is being sold for spares - effectively for scrap purposes. Otherwise any mechanically imperfect vehicle would be valueless.

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What was the name of the place? Several months ago I drove up to Scotland from London to buy a car from a dealer. Seemed genuine, even gave us tea and biscuits.

 

We took it for a test drive on a very empty tank, got as far as the end of the road and back. Not until we paid for it did the guy offer to put some fuel in it. By the time we got back to London the next day, we found petrol trickling out of the tank. A hole around 1cm was found in the tank and it had been plugged up with plastic bags and hot glue. Luckily the dealer didn't know anything about a mod on the car which doubled it's value!

 

Forgot to mention, that he also done the "sold as seen" thing, but when it came to the sale, he stamped it with "Spares and Repairs ONLY", but we failed to notice.

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Quite literally that's what happened. The mod was a supercharger in an IS200. Bought the whole car for £1200, sold the supercharger for £1800, £70 for a new petrol tank, then sold the car for £1200. Anyway, not to highjack the thread!

 

(Forgot to mention, that while he was writing down the details of the car, he started putting on YouTube videos for us to watch, I realize now it was to distract us from seeing him stamp the paperwork.

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Two things which might just be in your favour. Firstly, do you still have the advert?

Secondly, as I understand it, a vehicle sold for spares or repair by a trader, must be transported away from his premises, not under it's own steam. I suspect the dealer may have committed an offence by allowing you to drive it away from his premises----worth checking it out??????

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It means it's being sold on the basis that the buyer is going to use it for spares or carry out repairs to it. It can still be roadworthy.

 

 

For example, a car with a warped cylinder head that uses a pint of water every 20 miles and would cost £750 to repair can still pass an MOT test and therefore be fit to use on a public road as shown by an MOT tester having declared it fit.

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I don't think it means any of those things. It means the dealer can't recover the repair cost in the sale price.

 

 

Yep that just about nails it. Uneconomical to repair due to value of vehicle so only suitable for spares or DIY repair.

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