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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!
       
       
        • Thanks
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Lifestyle/Gymgroup cancellation nightmare!


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Good morning, first of all this is the first time i’ve Used a forum so pardon my ignorance.

 

I was a member at lifestyle fitness on Hagley road, Birmingham. I paid for a 12 months membership and only went twice. I cancelled my membership and received a “Sorry you’re leaving” email.

 

Maybe a year later I rejoined. The building having changed Hands to “TheGymGroup”.

 

I was paying by the month and I was using the gym. I got really fed up with the gym and the lack of equipment

 

. I quit my membership through the members app.

Again I received a “Sorry you’re leaving” email. That was maybe 4 months ago.

 

My lifestyle membership i think ended sometime in 2016.

 

I realised to my Horror last week that the Gymgroup are still taking my £18.99 a month!

 

I have contacted them and they said because I no longer have the email, there is nothing they can do.

 

To make matters worse, she said that my lifestyle membership was still running!

 

Now i’m Terrified that they have also been charging me for 2 years without me realising!

 

I don’t even know how to contact lifestyle as they no longer run the gym

 

. I have now cancelled my direct debits, which I will do in the future. I feel such an idiot. I just trusted the companies were professional!

 

I feel so upset and totally powerless. It’s such a mess and I don’t know what to do

Edited by Andyorch
Paras
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Go get them back from your bank under the dd guarantee scheme

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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No do it by their phone banking line

Tell them they have never sent notification each month as requir

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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Hi TL and welcome to CAG

 

First off, please read the following guide about cancelling your m/ship properly - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp

 

You shouldn't simply cancel the DD without first checking what you've signed up to, and what notice you need to give.

 

Check with your bank first to see if :-

 

1. The more recent m/ship with the Gym Group is still being paid by DD. You should reclaim all DD's paid EXCEPT 1 for the month you failed to give notice to cancel. So if you quit, for instance, using the gym's App on 1st Feb, reclaim all DD's paid after the next DD was paid, ie all DD's from 1st March onwards.

 

2. The Lifestyle DD's were being paid despite you having cancelled. If so, again reclaim all DD's paid from 30 days after you gave notice to quit.

 

The bank may argue or question your request but it is NOT for them to argue with you about this- they're obliged to refund what you request but just make sure you ONLY reclaim what you're entitled to.

 

Let us know what you find has been paid before contacting Harlands further. Don't contact the gym either for now.

 

:-)

We could do with some help from you

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Use whatever you can to guess as accurately as possible.

 

Just be as fair and reasonable as you can and let us know what you think has been paid and when you think the m/ships were cancelled.

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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I have called Barclays and asked for my Direct Debit refund.

They have apparently refunded the money and logged a claim.

 

He did say however that if the claim is disputed and they call me for more information, they may need evidence to prove the cancellation of my gym membership.

 

I do not have the cancellation emails anymore. I’ve done everything I can think of to try and retrieve them.

 

I’ll keep you updated.

 

Thanks again for the support, it means so much!

Edited by dx100uk
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Hi TL,

 

The claim will almost certainly be disputed but Harlands will usually just write threatening letters to you telling you they needed paying back.

 

You should not be compromised (with the bank) for not having proof of the cancellation as long as your dates leading to the refunds are reasonable.

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 4 weeks later...

I have received a letter from Harlands group today.

 

They said they have received an indemnity claim from my bank to refund the sum of £139.93.

I was under a membership agreement and they received no notice to cancel my agreement.

 

The agreement also states that such payments are non-refundable and ask that I request my bank to withdraw it’s claim immediately.

 

Should I not withdraw the claim and rectify this breach of my agreement within 14 working day I will incur a £25 admin charge and the matter with be referred to a debt recovery company to pursue the full amount and cost incurred.

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tough ignore them!!

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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Worried about what??

Get reading other threads

Cant see youve read any..unless done when not logged in

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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Share on other sites

Dca's are NOT BAILIFFS

And have ZERO legal powers

 

The charges are a PENALTY and are unlawful

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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Share on other sites

Hi TL,

 

Their current threats are no different to their previous ones - desperate please to get money from you as per my post #9 above.

 

Ignore their letter!

 

Keep us posted and let us know if the bank writes to you any further about your reclaiming your money.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 1 month later...

Hi all, today I have received an email from “Credit resolution services”.

It states they have been employed by Lifestyle Fitness so another £66.50 has been added to my account balance which now stands at £231.43.

They want me to call and discuss payments. I’m not well and these people are causing so my stress i’m Considering paying the money so they leave me alone. It’s just so much money! I wish they was a method of retrieving old emails so I could prove to these people that I cancelled the memberships

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well don't!!

 

block and bounce their emails

 

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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Share on other sites

bailiff...where the hell did you get that idea from?

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers...

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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I wish they was a method of retrieving old emails so I could prove to these people that I cancelled the memberships

 

 

 

 

 

 

Where are your old emails?

Please consider making a small donation to help keep this site running

 

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