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    • Its a common wheeze to put a no parking outside opening hours on KFC and other places like cinema complexws with fast food outlets, The original planning permission doesn't permit such stuff quite often,
    • Good afternoon.   I am a member of Anytime Fitness on a rolling-monthly contract.   In March 2021, my home gym (Aldgate) sent an e-mail asking members to continue paying, freeze, or cancel their membership. If you didn't reply they would automatically keep taking payments.   Me (being naive and stupid), didn't reply to their email. My £40 a month D/D payments continued. These would be reduced to 50% once gyms opened again. I paid 100% (£40) Apr, May, Jun, Jul, and 50% (£20) in Aug, Sep, Oct.   I DID attend the gym July - October, so I am owed 3 'half-months' and around a week (from July) of payments from Aldgate.   My home gym then switched to Lewisham in November by default as I had visited that gym more. Lewisham charged me the 50% for Nov, Dec, Jan, Feb, Mar, and this went back up to 100% (£40) in April.   Again I DID attend Lewisham in Nov and Dec outside of restrictions. I have also attended the gym this month. Therefore I have overpaid them by at least a month, plus the latter part of December. It gets even more confusing as their basic membership fee is £24.95.   Aldgate will not refund me, nor will they transfer what I essentially overpaid to Lewisham, despite the gym being one-brand it is ran by a different franchisee. Lewisham are not so quick at replying to e-mails. They said I can talk to their management when I next visit, but I want to keep everything written (even if it is electronically) for now. I am however going in there tomorrow to give them a piece of my mind.    Anytime Fitness don't have a central 'complaints/info' e-mail, they essentially just push you off to the individual clubs.   Should I just try claiming a refund though my bank? All payments are made to a company called Clubwise, which I am told is a membership payment system that all ATF gyms use.   Many thanks.  
    • Hi all,   I'll try and summarise this mess briefly.   I have approximately £45,000 in credit card debt from the UK. I moved abroad a number of years ago (outside of EU). Up until now I was making minimum repayments, and had never missed a payment. It's got to a point where I can no longer continue making the payments, and I never told them of my address change (the address listed is my last UK address, which is my parent's home). I was basically using one of the cards with money available to pay off the other minimum payments using Revolut, and now of course i've run out of money. I have no spare money available, nor anyone that can help, so I believe my only choice of action is to stop paying. My CC accounts are with Lloyds Group, Tesco & HSBC.   From asking a different forum, my understanding is that if I do not intend to make payments I should cancel the direct debits first of all, then eventually all the accounts will default. I also was recommended to send letters with proof of postage to the creditors regarding my address change so they don't hound my parents, and have my correct contact info. I managed to find the address to use for Lloyds & Tesco, but I cannot find a postal address for HSBC anywhere. Is anyone able to help me with that please?   To answer some questions, I don't plan to return to the UK anytime soon. I don't have any assets in the UK, my bank account that had the direct debits is not connected to the creditors, does not have an overdraft, and the only money that was in there was to cover the payments. Also, I've been out of the country longer than the amount of time bankruptcy would be an option. I'm not particularly proud of what i'm doing, but feel like the only option is to have a fresh start from the worry of my UK debts.   Does anyone have any advice, or suggestions on my plan, and if i've missed anything? When the phone calls/letters/emails start should I respond/respond in a particular way/ignore? I guess at this stage without missed payments, this month will be the 1st time anything is noted, so i'm not sure when the messages will start.   Thanks for your time.
    • But I was fighting this claim thanks to you lot and your help last year. I genuinely don't know what happened to the court papers or the LBA that preceded it, and can only assume that it defaulted due to my having returned one envelope unopened back to ELMS Legal that maybe contained the LBA etc. A costly lesson although I'm inclined to just ignore it and swallow the CCJ for 6 years rather than give them a penny!
    • thats the defence you would have filed had they not scammed you by purposefully getting a backdoor ccj to an old address, when 1 min free search of your credit file they could have found your correct address for the date they filed the claim,    and thats what you will put on your N244
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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.
       
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      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. 
       
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Revisited civil claim ***Claim Discontinued ***


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Are you misunderstanding what we asked for? the claimant is the person or entity suing your friend, we dont need to know anything about the friend.

Reason for wanting to know this has been made but perhaps not fully. ONY THE PERSON WHO HAS SUFFERED THE LOSS MAY SUE so if a store then the store can sue. If the claimant is a third party (not to be confused with the solicitors acting for the claimant) then they dont have a right to do so (locus standi) so their claim will fail if this right to be in court is challenged.

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Can you send me a message as a pm? I have had thoughts and discussion regarding one of my earlier posts that may have a better result than arguing about quantum for damages. You currently disallow people from mailiing you so I cant just drop it on you.

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  • 3 weeks later...

Quick update, after all that it went out in a bit of a whimper.

 

Witness statements sent within the prescribed time but nothing was received, then a notice of discontinuance arrived, thanks again @ericsbrother and for those interested the claimant was £££land

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Well done.

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Thread title updated.

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It's clear they used the court system in the hope they trip you up with cpr and win by default,

 

out of interest what would of happened if witness statements are not received within the prescribed time?

 

i could be wrong but i get the feeling they had no intention sending their witness statements and made a decision to quit based on the defence that was submitted, was it that they were never going to be able to prove such a loss for the so called case costs.

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As I see it, no WS from the claimant would mean no evidence to challenge hence the respondent could ask for a strike out.

 

 

Can I ask, did any of the recovery companies (RLP/DWF et al) get involved or was this a direct action from the claimant? For the life of me, I cannot see why this store would have followed this action after the case from 2012

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Claimant was CRS...not ££££££land ?

We could do with some help from you.

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Claimant was CRS...not ££££££land ?

 

To make clear, £££land was the claimant, CRS was the provider of threatograms, they gave up after 5 letters, then 2 threatograms from £££lands solicitors before they issued the court claim.

 

ps the answer i gave was to this.

 

Can I ask, did any of the recovery companies (RLPicon/DWF et al) get involved or was this a direct action from the claimant? For the life of me, I cannot see why this store would have followed this action after the case from 2012

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they did this because they were badly advised or encouraged to by either CRS or the solicitors. Once the push came to the shove the other parties will have hidden behind a wall and then said "that isnt what we advised you to say" when it clearly was. They were all hoping for a quick kill and when they got to see that it would be defended they cut their losses, which at this point would have been more than they could ever gain.

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