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Hi LX and welcome to CAG Please confirm, have you signed anything before or after the relationship break-up confirming agreement to any DL m/ship terms ? Forget calling them about this and, if they call you, just say, "I'll deal with this in writing only." and hang up. You don't need to discuss this with them and doing so will get you nowhere. We also don't agree with their need for 3 month's notice and always tell folk to challenge this. But in your case, this is irrelevant. We can help you with a letter in due course.
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is the most disturbing part, .....by default it should have been the freeze option. money grabbers!
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Hi Rich and welcome to CAG I assume in para 2 of your post that you meant to say, "In March 2020" but please confirm. I think most gyms suspended DD's while gyms were forced to close due to Covid. So I'm surprised that ATF continued to take DD's and also that you (and maybe others) allowed them to do this. Before you decide what you want to reclaim under the DD Guarantee Scheme, we need to know if you want to remain a member. This may be difficult if you get into a dispute and/or reclaim DD's. Once you confirm, we can suggest what you should reclaim using the DDGS. IMHO, if the gym was closed to you, you should reclaim. But you should pay for any months when the gym was open and you used it.
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not sure if that's ever been tested in court regarding a speculative invoice. and if it ever was, i would expect it to be adjudged the same as Penalty Charge Notices, an existing benchmark. the ticket does not have to be attached nor handed, merely the process of one being 'produced' had gone beyond some point, that point i'm unsure of.
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By lookinforinfo · Posted
The pcns are compliant but the rule on w/s tickets is that they must be placed on the w/s at the time or handed to the driver when the vehicle is parked. And of course this ticket was not even placed on the w/s nor was the attempt to hand it over even be on relevant land. But the difficulty is whether the parking attendant will admit to that.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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romanytony,
in Barclays Bank
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