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    • Hi,   I've recently cancelled a direct debit with this gym and requested to cancel my gym membership but had gone through the same ordeal as previous users on this forum.   I was persistent enough (having read the forums) to have the staff at the gym terminate my membership on their system. See attached image for proof of documentation. Additionally, I have sent Harlands and the gym an email with the image informing them that gym membership has been terminated. I have been given reassurance that they CANNOT reverse the termination.    My question is: 1) Am I still expected to pay that extra 1 month of gym membership? (I was informed this was so, but I requested for an official documentation that states this policy via email without agreeing to pay) 2) Is the screenshot sufficient proof that the membership has been terminated? (date cancelled and time stamp are clearly stated)   Many thanks for the help!
    • Well If I pay British Gas £90 a month they’ll be paid off in about 17 months. That’s a long time but if it’s gunna effect my credit rating until November 2023 why bother paying it off early?    Ive worked out too the PDL default will be 6 years old on the 22/01/2020 so is there a point even doing anything with it? If it gets removed after 6 years does that mean I won’t have to pay it back?    Thanks  Andrew 
    • Minor developments:   a) Notification received that case has been referred to County Court at Chesterfield and we've to await the Judge's directions re allocation etc.    b) The letter I sent on 20th August to the agent (Lambert Smith Hampton) that manages the Berkeley Precinct and has its address on the board at the entrance, has been returned by the Royal Mail National Returns Centre, with a sticker saying the "addressee has gone away"!!   Don't they have an obligation to change the signage if they move, and why wouldn't such a large company have their mail re-directed?   The letter requested assistance in obtaining a copy of the contract between VCS and the landowner. I'm a bit mystified, but have found an additional address, so I could resend the letter and give it another try. 
    • urm.. FmoTl twaddle me thinks followed here
    • 123 Abc efg   22/09/2019 Dear Sir,   Re:  v xyz. Case No: 123456   CPR 31.14 Request   On (date) I received the Claim Form in this case issued by you out of the county court of Salford.      I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest and counter claim all of your claim.   Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:     1: The agreement/overdraft Facility Confirmation and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   Failure to prove the above will render any claim unenforceable pursuant to section127 and 61b(3) CCA1974   2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974   3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C   4. Notice of Assignment *   You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.   Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.   In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.   If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response.     Yours faithfully   Xyz. is this ok to send. and recorded delivery.
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Shady Dealings by Currys

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My wife bought an Acer PC from Currys and because it had an hdmi display port had to buy a TV to use with it. The salesman attempted to sell her an insurance/service contract with it which she refused. He then said he would give a COMPLIMENTARY months cover on a contract in case she had any problems connecting the two, by the way I am an IT professional hence the original declining of a contract.

 

The item was paid for via a credit card and the amount verified by PIN was correct. A month later a charge of £6-50 appeared on her credit card which it transpires is for payment for insurance/service plan. Referring back to the now fading thermal receipt issued at the time there is an entry headed "Monthly Card Mandate" for £6-50. Above this are other entries of a debit followed by a credit for Customer Support Agreement. She never entered into any form of agreement with Currys and did not expect to find entries regarding "Monthly Card Mandates" on what was expected to be just a receipt for purchase of equipment and for which the total verified by PIN agreed with the purchase price of the equipment.

 

Is this all totally legal? After an agreement has been refused and then a complimentary month offered is it right to expect to be tricked into further payments in this wat without any from of signed documents covering the agreement?

 

All thought welcomed. :-x

Edited by Andyorch
paras

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They always do this at currys pc world.

I resigned to the fact that I pay cash when I buy anything from them to avoid being given "free" insurance.

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there is a card mandate/direct debit form to sign. if your wife didnt sign this and they dont have the paperwork to prove it, then yes this is against the law.

if she did sign it,even without reading it, if its her signature on the paperwork, its dodgy but legal.

as a former sales advisor i used to get told to use the phrase "can you sign here for the use of your card".

hated doing it, got my bluff called a few times and got out of sales asap.

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Firstly,

your wife should contact her card company and cancel any future payments, otherwise the same amount will be taken every month, forever.

 

Secondly, cast your mind back to the purchase and see if you can remember signing the form.

If it was signed, then, as a previous poster said, it is legal, even if you didn't read it.

 

For the amount involved, it wouldn't really be practical to take it to court I don't think.

However, what I would do is go to the branch, ask for a manager, and explain what's happened.

 

Trust me, you are DEFINITELY NOT the first person in this situation.

Keep calm, talk to the manager on the his level, don't go ranting and raving, tell them you "feel let down", and you've "always trusted Currys", and that it's "left a bad taste" and you "feel like not shopping here any more".

 

Play it right, blow smoke at him a little, make him feel important, and although you probably won't get your money back, he will quite likely offer you some small gift or incentive, or a percentage off a future purchase "to restore your faith in the company".

 

Play it right and you will walk away with something of more value than the £6.50 you have been charged.

Go in there shouting and talking legal and they will probably just show you your wife's signature on the form and give you the middle finger.

 

Your choice... Best of luck.

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It's free for the first month, then you have to cancel. I always take, especially when taking things home in case of accidental damage on the trip or getting it in the house. Then I cancel it a few days later. I'm covered for the month and then it doesn't renew the next. Simples.

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