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    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
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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!
       
       
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Hi All,

 

My first post - please be gentle this is a very stressful and difficult time!

 

Back in Feb I received a PCN from Manchester CC.

I can't recall why I was even in Manchester or anything about the circumstances.

I was pregnant at the time and unfortunately lost my baby in April.

From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

 

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this.

Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

- still not quite back to myself in terms of organisation!

 

Last Tuesday a bailiff from Equita attended my property.

I explained the situation to him but he clamped my car giving me one week to sort something out.

I offered a payment plan but this was refused.

I was NOT given a Notice of Immobilisation nor was one placed on the car.

I did NOT sign a Controlled Goods Agreement.

The only paperwork left for me was a notice which would have been posted if I had not been in (informing me they had been and would return on X time etc.)

 

I emailed Equita that day again requesting copies of the warrant and a copy of the Notice of Enforcement giving me 7 days notice of attendance.

 

On Thursday I received a letter from Equita, a Notice of Intention, which stated it may still be possible to make a payment plan.

It was dated the Monday, one day prior to the bailiff turning up.

 

I called Equita and the chap was extremely rude and talked over me constantly.

He said the letter said 'may be possible' and that it was not possible.

I argued it was unfair to send a letter out on one day then send a bailiff before I had chance to even receive it, let alone respond.

 

I also received another letter on Tuesday this week stating they enclosed copies of what I asked for - but with nothing enclosed.

 

I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

 

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

 

I called the council to let them know the situation.

The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

 

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC.

 

Should they now remove the clamp whilst this is going on?

Without a Notice of Immobilisation or CGA is the clamp there legally?

 

I would appreciate any advice!

 

TIA

Edited by dx100uk
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why did you not get the original ticket in the post etc?

have you moved since the incident?

 

if you've appealed that you didn't received anything then yes the clamp should be removed once they contact the bailiff

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, thanks for replying.

 

As I said in my previous post I did receive the PCN.

Things at that time were a little all over the shop to say the least and I wasn't dealing with general life very well at all. I do have a vague recollection that I wrote back to the council that I was unable to pay for a ticket at the machine due to a man sitting underneath it and I felt intimidated.

 

I can't be sure, I have no records and I am willing to pay the charge. My issue is I can't afford to pay the whole thing in one go.

 

I've spoken to Manchester Council today regarding this and they advised me to speak to TEC and to file an appeal (which I have)

 

. I don't recall receiving anything from the initial letter to Equita writing to me about a warrant (which I requested a copy of).

 

That aside, I feel that Equita may not have acted lawfully in clamping my car without a Notice of Immobilisation, a Seizure Notice or a CGA?

 

I believe the council should now have been informed of my appeal and the lady said they would inform Equita. I'm hoping they will then come back to remove the clamp until the TEC appeal is decided?

Edited by dx100uk
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Not sure what a notice of immobilization is... nor if the others are even needed.

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

You should have received a Notice of Enforcement from Equita

- at which point they add £75 to the debt outstanding

- this gives you a certain amount of time

- the date is given on the letter

- to make contact to pay in full or if possible in instalments.

 

If no contact is made they will visit

- without notice

- and charge you £235 for the pleasure.

 

They may take Control of Goods if they either gain entry or find goods of value outside.

The car may be clamped for up to 2 hours to allow payment to be made or if not it can be removed for sale

- extra fees are then incurred if this happens.

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

 

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The letter you received from them. Did this say anything about a visit? Was this perhaps the NOE?

 

Firstly, is the car yours, is it on finance?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Back in Feb I received a PCN from Manchester CC.

I was pregnant at the time and unfortunately lost my baby in April. From there everything went to pot.

I couldn't cope with day-to-day life, I left my job and things that should have been sorted just, well, weren't.

 

Fast forward a few months and I received a letter from Equita stating that they had a court warrant to deal with this. Having had nothing from the court myself, I wrote back asking for a certified copy.

Nothing materialised and I forgot all about the matter

 

Last Tuesday a bailiff from Equita attended my property. I explained the situation to him but he clamped my car giving me one week to sort something out. I offered a payment plan but this was refused. TIA

 

You mention in your question that in February, you received a penalty charge notice. This was issued as you had not paid for 'on street' parking (you had difficulty making payment into the machine). You seem to recollect writing to the council about this by cannot be sure.

 

You have not mentioned anything about the statutory notices that you should have received from Manchester City Council. The notices would have been the Notice to Owner followed by the Charge Certificate and finally, the Order for Recovery. Did you receive any of these notices ?

 

If you had not received the notices, then it is usually an indication that you had moved house and had not updated your V5C (Log Book) with DVLA. Is this possible?

 

In relation to your car, how much roughly is it worth? Is it on finance?

 

Lastly, you mention that you had not received a copy of the warrant. The warrant is not a document that is your. It is addressed to the enforcement agent and is his authority from the court to enable him to recover the debt. On last point, an unpaid Penalty Charge Notice will not lead to a County Court judgment. You do NOT have a CCJ.

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I am currently 14 weeks pregnant and have been quite poorly over the last week with a severe chest infection.

 

Today I contacted the National Debt Helpline and they helped me to draft a vulnerability letter which I have emailed to the bailiffs and Manchester Council.

 

I called the council to let them know the situation. The lady was lovely and asked me to phone the TEC to make an appeal (which I have done and sent after speaking with them and explaining the situation).

 

In my letter to the bailiff by email I put them on notice that I have appealed to the TEC. Should they now remove the clamp whilst this is going on.

 

You mention that National Debt Line have helped you to draft a 'vulnerability' letter. Please do not take this comment the wrong way but I am just curious as to what grounds they believe that you are 'vulnerable'.

 

You have also been advised by Manchester City Council to submit an Out of Time (TE7 and TE9) witness statement to the Traffic Enforcement Centre. I believe that you sent this yesterday. Was it sent by email to TEC and what time did you send it? You should have received an email acknowledgment from TEC. Have you received this?

 

On the Out of Time application, you would have needed to outline the reason why you are submitting the forms. What reason did you give?

 

PS: It will not be until the New Year that you will receive a response from the Traffic Enforcement Centre.

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Not sure what a notice of immobilization is... nor if the others are even needed.

 

A notice is required on the immobilisation of a vehicle under TCoG regulations.

If it is on a highway it is reg 17(2).

 

Securing goods of the debtor on a highway or elsewhere

17.—(1) Subject to paragraph (3), where the enforcement agent is proceeding under paragraph 13(1)(b) or © of Schedule 12 the enforcement agent may secure goods of the debtor by fitting an immobilisation device.

(2) Where the goods are secured by fitting an immobilisation device, the enforcement agent must—

(a)

provide the immobilisation device; and

(b)

provide a written warning to the debtor in accordance with regulation 16(3).

 

Regulation 16(3) (above) applies to goods secured on premises, this section gives the form of both notices.

 

3) Where the goods are secured by fitting an immobilisation device under paragraph (1)©, the enforcement agent must, at the time of immobilising the goods, provide a written warning to the debtor, signed by the enforcement agent, to be affixed in a prominent position on the immobilised goods, which must contain the following information—

(a)

that the enforcement agent has immobilised the goods;

(b)

the date and time of immobilisation;

©

that the goods have been immobilised because the debtor has failed to pay the sum outstanding;

(d)

a telephone number, which is available 24 hours every day, for enquiries; and

(e)

the reference number or numbers.

 

The LP hasn't said where the car was clamped.

Edited by dx100uk
unnecessary line

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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