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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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urgent - simultaneous exchange of witness statements - no response form the other side,

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Just draft a supplementary witness statement and attach the new evidence.


Send a copy to the Court and the Claimant.



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I'm sorry, I hadnt seen these new answers. I got these new documents from the other party, some through disclosure and some through me saying I would apply for specific disclosure if they didn't send others they hadnt disclosed.


I have now disclosed the new ones. Might be a silly question, do I have to disclose docs the other party disclosed if I want to use them?


Another query; the other party have made an interim application. A hearing date for 23 Dec has been set, we don't know what the application was yet just got the date when I called. I made my application for summary judgement in October, and the hearing is 19 Jan.


It doesn't seem right that their application put in after mine is being heard before mine. Will I be able to get the court to switch these do that my application is heard first?

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That's odd, but then we have no idea what their application is. You need to find out and let us know.


They should really have been listed to be heard at the same time, but to answer your question no you can't request your application be heard before theirs. Depending on what their application is you could ask for them to both be heard on either of the two dates.

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I think it may be an interim injunction application, as they asked for one at a past hearing expecting the judge to grant one there and then.


They applied 'without a hearing' but the judge must have thought it needed one as it went to listings. They haven't paid for a hearing yet, the hearing slot is reserved but I won't get any info on it until they pay which is very annoying. I think it may be tactical on their part to reduce the amount of time I have to prepare.


Would I ask at their hearing to have my application heard, or is that something I should be asking for before the hearing?


I also think te application may be something to do with their witness statements orderd for simultaneous exchange on 25 Nov. I sent mine on time, but still have nothing from them. I just don't understand it.

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Apologies if this should have bee added to a former post,

I was unsure if I should start a new thread

or continue from one that wasn't quite related in topic.


I have a query about the trial bundle,

we (me and my partner) are the defendants,

the claimants have been ordered to file the bundle.



They have messed pretty much every step up so far so we are not confident they will get this right.


If they do not get it right, could the trial be delayed? It is a fast track case and been given a time estimate of 1 day.


Regarding the bundle:


Are the documents each party have exhibited in their witness evidence what should be in the trial bundle?


Can other documents that were disclosed but not referenced in witness evidence also be included?


The claimants in our case messed up and didn't supply their exhibits until the judge at at an interim hearing gave an unless order,



we only got the exhibits 3 days ago and the trial is on 19 Jan so there is not time to apply to do a supplemental witness statement.


A couple of other queries:


The Claimants have still not supplied a copy of one of the documents they exhibit.



They have been obstructive since disclosure,

we have requested this document no less than 5 times, and have never been sent one.



Now they have left it out again.

The order stated that unless they supplied it,

they would not be able to rely on it in court.



How do I inform the courts that this was not supplied? By letter now, or at the trial?


The claimants have included several documents exhibits, emails and photographs, that they did not disclose during standard disclosure.

Can they do this?


Can documents not exhibited in the witness evidence be referred to during cross examination?


Many thanks

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Hello there.


I've merged this with your previous thread. If it's the same case, we prefer to keep to one thread so the information stays together and helps the advisers.



Illegitimi non carborundum




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"The claimants in our case messed up and didn't supply their exhibits until the judge at at an interim hearing gave an unless order, we only got the exhibits 3 days ago and the trial is on 19 Jan so there is not time to apply to do a supplemental witness statement. "


OP please can you clarify - were these exhibits referred to in a witness statement, or the documents you requested from their list? Sounds to me like its the latter... What was the date the Judge ordered these documents to be sent to you by?


With regards to the supplemental witness statement it really depends on what more you want to say. Does the new information cast doubt on anything in your previous statements or render any facts in them false? If not, as you're both LiPs you could probably just get away with giving oral evidence addressing the recent documents at the hearing.


If you think a supplemental witness statement is still required then you could draft them up, and write to both the other side and the Court to give them copies and advise you intend to make an oral application at the hearing for permission to include them in evidence - CPR Practice Direction 23A 2.10.


With regards to the document they have still not supplied. Write to the Claimant and to the Court. The Claimant - state along the lines of 'in line with the order of district judge XXXXX dated XXXXX, you have not disclosed [name of document and its number on the disclosure list]. Therefore, pursuant to the terms of the order you are debarred from relying on the same at the hearing'. The Court - similar letter but identifying the claimant's have not disclosed item number X and therefore ought to be debarred from relying upon the same at the hearing.


"The claimants have included several documents exhibits, emails and photographs, that they did not disclose during standard disclosure. Can they do this?"


Where have these documents been included? (i.e. have you received a bundle from the Claimant yet).

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several threads merged on the same case




else it makes a mockery of peoples previous advise.






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As the Claimants in this case completely messed up the trial bundle, to the point the trial couldnt go ahead,



we (defendants) have been ordered to make a bundle of our own documents, and the Claimants are to re-do theirs.


I am having difficulty figuring our how to paginate out witness statements, which will be at the end.


We obviously used page numbers when we first wrote them,

but now the page numbers wont work with the trial bundle so we are unsure how to proceed.


Thank you

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