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    • I know it was over a year ago, but can you remember what you purchased and the name of the shop?  Even if you paid by cash, purchases can still be tracked down. 
    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
    • 100's of no stopping threads here  just use our search top right   get reading up.    
    • plenty of our two - five line generic defences here already   but you are far too early yet to bother about defence.   your job now is to get reading up any/all PCN claimform threads here in this very same forum get upto speed.    
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TheLukos

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
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Go get them back from your bank under the dd guarantee scheme


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Ok good advice. I’ll visit the bank tomorrow and give it a try!

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No do it by their phone banking line

Tell them they have never sent notification each month as requir


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.

 

:-)


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Thank you. My only concern is I don’t know exactly when I cancelled either membership. I guess all I can do is take an educated guess

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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.

 

:-)


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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.

 

:-)


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Ok i’ll Do my best. Best thing i’ve Don’t is finding this forum!

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Are you sure? Bit worried now!

Then again I can’t prove that I cancelled the membership, but they can’t orove that I didn’t!

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Worried about what??

Get reading other threads

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Just about this £25 charge they’re threatening me with and debt collectors.

I’ll have a look at the other threads too. Thanks

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Dca's are NOT BAILIFFS

And have ZERO legal powers

 

The charges are a PENALTY and are unlawful


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok I’ll stand firm.

Many thanks!

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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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I will do. I really appreciate this

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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Really? I’m not compounding the problem?

I don’t want some bailiff showing up at my house trying to take my tv

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

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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?


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