Jump to content


  • Tweets

  • Posts

    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
  • 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
      • 160 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

LA Fitness lied to me, and they refused to accept my cancellation (was in debt), I cancelled direct debit, got £200 bill


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

Thread Locked

because no one has posted on it for the last 3041 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, during 2015 I was at University at Brighton and decided to get a gym membership. I went to a few gyms checking prices and commitments and when I went to LA Fitness the guy that eventually signed me up (obviously trying to make a sale) lied to me, he stated that if I moved out of Brighton (which I obviously would do, as Uni does end) that it'd be fine and my account could be closed no hassle. He stated that all I had to do was be 8 miles from THAT PARTICULAR gym.

 

Well I moved back home to Southampton, and went to cancel my membership stating that "yes, I had moved over 8 miles from the gym." That wasn't good enough, and the lady on the phone replied saying that I had to be 8 miles from any LA Fitness in the UK, and that it wasn't their fault or problem that the guy lied.

 

This was awful news, I was in my overdraft and had no job, and I couldn't afford £20-40 a month, I showed proof (with a bank statement) and they didn't accept that. This went on for 2 MONTHS.

 

I decided to cancel the direct debit on my card, and I heard nothing from then until today, I just got a letter from ARCEUROPE LTD saying I owe them £202.40 and have to pay in 14 days. I can't afford that, being still in my overdraft, what do I do?

 

I've already posted this to reddit and they have pointed out that because I cancelled and didn't keep arguing my cancellation that I'm in the wrong and liable to pay the debt.

Edited by UpsideDownie
Got rid of repetition
Link to post
Share on other sites

Wait wait wait.....

 

Welcome to CAG, you DON'T owe anything except for perhaps one months fee?

 

If you have moved out of Brighton and back to scumhampton (sorry I'm in pompeii!) then your agreement CAN be cancelled.

 

It seems untruths are common practice at this gym.

 

Keep EVERYTHING in writing ONLY and obtain ''proof of posting'' which is free from the PO counter, ensure you keep a diary of events and copies of everything you send.

 

When did you start the gym, and when did you leave?

 

Did you inform them that you were going to be cancelling the gym contract, if so how did you do this, just by cancelling the DD?

 

You can ignore ARC and their arbitrary time limits, these are computer generated missives, and their time scales have no meaning.

Plus they are simply a tin pot DCA, with no powers to do anything other than churn out deforestation and begging letters.

They are NOT bailiffs nor will they ever be.

 

Slick will be along and will advise you what to send the gym, but the OFT, before they became the FCA were very clear in their directions surrounding gym memberships, and moving was definitely one of them.

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!

 

 

Link to post
Share on other sites

Funny that the start of Scumhampton is starred in this, but not in the email.

 

A big problem is that I deleted my email correspondence between myself and the gym, thinking the matter was done.. I can get definite answers later as my gym buddy will let me know.

 

I called a few times and emailed with a bank statement which they refused to accept.

 

 

What should I do?

Link to post
Share on other sites

Hi UD,

 

Firstly, see the guide here about cancelling properly - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!

 

Have you checked the gym's T&C's carefully to see what is said about moving, and the proximity of other LAF gyms.

 

Ignore ARC for now and stay OFF the phone.

 

:-)

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

Hi slick,

 

The way I cancelled was stupid, and was technically against the contract, but I felt like I had no choice, they wouldn't accept my cancellation or my bank statement proving that it was putting me into negative money.

 

The terms and condition state that I can cancel if 'I'm suffering severe financial hardship' by calling, I did that and they refused.

Link to post
Share on other sites

Typical of the gym, all they see is their commission flying out the window when customers leave.

 

Cancelling your DD is proof enough of your intention to cancel the agreement.

The fact that they wouldn't take proof of moving as an answer speaks volumes, however check the contract to see what it says about moving to another gym in your area as slick suggested.

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!

 

 

Link to post
Share on other sites

Hi UD,

 

With gyms, you need to use any angle you can which is why we need to know how far you live from the Southampton gym.

 

When we have the info we need, we can help you with a letter to send to the gym.

 

:-)

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

Hi UD,

 

Assuming you are not a Crow, the relevant fact is the travel distance !! Over 10 miles for the journey, that's a good enough reason for the cancellation.

 

I'd say you have no need to worry about the financial factor. In post #7, you referred to possible "illegal" behaviour for the gym to put you in an overdraft but this isn't right.

 

You can use the gym's T&C's to cancel on the basis of your new address being 10+ miles form the nearest gym.

 

You should write to the gym on this basis so draft a letter and put it here so we can comment and revise if necessary. The letter should be sent to the gym but get a free Certificate of Posting at the PO Counter when you send it.

 

:-)

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

First of all, sorry for the lateness of this reply, I have had a hectic weekend with no free time and was 90 miles from home. Secondly, thank you so much for this help. And thirdly, I had written out this whole post, clicked send and the 'ticket had expire' :Cry:

 

Dear sir/madam,

 

I recently receive a letter from ARC Europe ltd, saying I had an outstanding balance of £202.40 of my LA Fitness membership.

 

Earlier in the year I signed with LA Fitness because of two reason: 1, how close it was to my university house. 2, because your representative told me that if I moved over 10 miles from that particular LA Fitness (Brighton) that I could cancel hassle free (he obviously lied to make a sale).

When I did eventually move back home and tried to cancel I was told that as I was within 10 miles of an LA Fitness (Southampton) I couldn't cancel, when I stated that the representative told me I could cancel if I moved over 10 miles away I was basically told that it's not their problem and that I couldn't cancel for that reason. ****

I checked the terms and conditions on the matter and saw that another reason to cancel was if I was in "severe financial hardship", I was in my overdraft, had no income and had around £20'000 worth of university debt, and 'severe' is subjective. When I sent proof of that, with a scanned bank statement, to a Jonathan Thiciaz and it was refused. I felt my only option to stop my self being even more in debt was to cancel through my direct debit. And until now thought the matter was resolved.

 

I do not think I owe you anything.

 

Regards,

Kiernan Downie

 

**** BBC's Watchdog wrote, and I quote, "LA Fitness's terms and conditions do not allow you to cancel if you move. However, if a salesperson makes a verbal promise that induces the would-be member to join, then as far as the law is concerned, that is as binding as anything in writing." when they investigated LA Fitness.

Link to post
Share on other sites

Hi UD,

 

I've tried to make a post many times, only to have it lost due to expiry or whatever - what a wind up !!

 

Your letter is fine and you can send it off to LAF. Get a free certificate of posting at the PO Counter when you send it. Ignore ARC for now.

 

Let us know how they reply.

 

:-)

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

A letter if possible.

 

Otherwise, you can end up playing email ping-pong.

 

:-)

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...