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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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      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.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Tiger sheds - Substandard Shed Purchased Online Advice Needed Please


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Hi,

My Mam purchased a shed online in July this year as a gift for me.

It arrived with no problems with delivery or times on the requested date in August.

 

 

The shed was stored for 2 weeks in my garage and spray treated 3 times as advised with wood preservative.

Only when the shed was actually erected (by a professional firm) did the numerous faults and defects come to light.

 

The wood used is way below standard and has multiple knots generating cracks and splits, these are also present in the supporting framework.

 

 

There are numerous holes in the tongue and groove cladding whereby nails from manufacturing have split the wood.

None of the panels supplied are free from defects,

there has been numerous attempts to patch up the splits with glue which has now started running out and causing more problems.

 

 

All in all it is an absolute disgrace.

It is nowhere near any of the descriptions on the firms website and I am very annoyed and upset that they had the audacity to send a product unfit for even pallets.

 

I have sent an email detailing the defects together with photographic evidence to the firm yesterday.

I have not received an acknowledgement as yet although it is early days.

 

 

However today I have noticed even more cracks and leaking glue all photographed.

I am really furious now as it seems that even with my costly intervention this so called superior products will not survive the winter. Plus it was money paid by a pensioner who can ill afford it.

 

I would just like to know what rights I have to get a refund either full or partial for my Mam, as it is totally impractical to repair or replace the shed now that it is in situe.

 

Thanks in advance

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if it is faulty you have 30 days to totally reject it and get a full refund.

 

 

how was it paid for and who was the retailer

 

 

CRA refers.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK well ball is in their court

They can choose repair/refund/replace

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Funny how things happen

 

 

I just received an email from them this afternoon.

 

 

I had to read it 3 times as I honestly thought they were taking the proverbial.

 

 

they deny that the shed is substandard and then waffled on about the natural changes wood goes through and how they although they try to purchase wood without knots, splits or cracks unfortunately the odd one does get through (I must have all the odd ones for the past 10 years making up my shed).

 

 

The reply is honestly beyond belief and then they had the audacity to tell me to fill in the defects with wood filler which they would supply if I got in touch. The wood filler needed would have to come in a cement mixer for the amount that would be used - pardon the pun.

 

I am livid I really am.

I have additional photos now that show severe cracks in the frame and cladding it's a disgrace.

I will try to post the reply minus personal data on here and a few of the photos.

 

What would be my best course of action now I am fully prepared to take it to court if need be

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fwd them all your evidence

state clearly that its not just a case of filling/gluing

its simply too much for one shed , more than an odd piece of wood.

 

 

give them 14 days

stating that if they fail that time line

a letter before action ill be issued forthwith.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX and Conniff I will get my reply sorted out and will send it to them tomorrow. I will also include the additional photos to back up my claim and the 14 day deadline. I will not forget to include the cost of erecting the shed if it goes to court, which I have a feeling it will, but I will see this through to the bitter end. I will keep you all posted throughout.

Thanks for the support

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I think that the defending company will question the fact that the wood was treated before erection and no faults were spotted.

To be honest, split wood and large number of knots would be quite evident when treating the timber.

You'll need to find a good explanation for this, otherwise the judge might think that the shed was damaged while being erected or simply that the wood and so the product was not inspected prior to treatment.

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Thanks King for flagging that up. There is a reason why I did not notice the cracks etc when treating the shed, it might not be a solid one but it's the only one I have got. I treat the shed with spirit / oil based preserver via a spray system and was kitted up in the necessary gear coveralls, face mask goggles etc. I didn't get close up for obvious reasons and with the preserver soaking in I honestly couldn't see properly, I noticed the excessive use of glue in gaps and splits the day the shed was delivered but I have no experience of the woodworking industry so apart from hoping they would be sealed ok never inspected the panels close up. As I said earlier I do appreciate you bringing that up and I will definitely bare it in mind.

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