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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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Xercise4Less/Spratt endicott letter

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Hi ml12k8s and Slick!


ml12k8s did you ever get to the bottom of your letters?


I've been scouting around this website on and off for a good few weeks now trying to find out what to do for the best. But I'm glad I've found this thread. My situation is more or less exactly the same as ml12k8s...


I joined the Leeds gym at the very end of January 2015 and cancelled my direct debit in April 2016. My email membership states "You are committing to a single £0.00 admin fee payment and £9.99 per month for a minimum of 11 months. After this minimum term your membership payments will continue on a monthly basis".


Long story short is that I've checked my bank statements and I know for a fact that they've had 13 months worth of payments off me, and just like ml12k8s the January and February payments were not taken because of the flood.


After cancelling the direct debit I heard nothing until the end of August 2016 when i then received 3 or 4 (will have to double check) CRS letters, along with a few phone calls, voicemails and texts from themover the duration of a couple of weeks demanding I pay the £207.47.

I took the advice of the internet and this forum and just ignored CRS's contact and ludicrous claims as, as far as I'm concerned they've had more than the initial 11 month contract.

Also the very first letter they sent me claimed that they had sent previous letters that I had apparently ignored. Yet I definitely never received any prior correspondence or warnings from them.


About a week and a half ago I got the letter from Spratt Endicott about legal proceedings, so i'm just in the process of drafting up a letter to send to them. I'm wanting to type something along the lines of me standing my ground, them not getting the £207.47 (as I read somewhere that they cant legally enforce admin fees? Plus I have no idea how and where they've got this crazy amount from?). At the very most I'd come to an amicable resolution with them of paying £9.99 to cover the 30 days notice that I didn't give them when cancelling the direct debit. But realistically do I even owe them £9.99 when I've completed the duration of the contract and Xercise 4 Less didn't even have the decency to email me letting me know the gym was shut for months?


If anyone could advise me on any content to put in the letter or if I'm making the right decision then that would be greatly appreciated and I'll write their response on here for others.


Many thanks :)

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Hello and welcome to CAG. People should be along later with advice for you.


I've started a new thread for you as it gets confusing if two people are being advised on one thread. Please continue to post on this one. :) I hope I've put the right thread title, if it's not accurate please let me know.


My best, HB

Illegitimi non carborundum




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Hi Autumn,


I suggest you make no response to Spratts. Based on our experiences here over the last few years, they will not carry out the threats they make. The reason for this - they know their chance of success in court is poor.


I do think you should write just one letter to Harlands as follows :-


You could send this to Harlands :-


Dear sir or madam,


I refer to a demand from Spratt Endicott.


I cancelled my DD mandate on xxdate and this was adequate notice of my cancellation of the gym agreement, as per the case of The OFT v Ashbourne Mgt Services Ltd in 2011.


I now realise I should have paid one further month's fee for the notice period and am willing to offer you £xx.xx now. If you confirm in writing within 14 days that you'll accept £9.99 in full settlement of all amounts due, I will pay it promptly.


If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees, my offer will be withdrawn and I will ignore further demands from Harlands/CRS, Zinc or Spratt Endicott.


Such demands may be reported to The CMA and Trading Standards as harassment.


Yours faithfully,


Get a free Certificate of Posting at the PO when you send this to Harlands at their Haywards Heath address.



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