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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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Fitness club claiming we signed up to a long-term contract, now being chased by debt-collection.


tc14051
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My girlfriend and I went along to a trial session at a local fitness centre we had been told about.

After the session, we sat down in the café and received a free (freshly ground) coffee as we discussed joining permanently with the trainer.

The conversation was brief, 5 mins max.

 

It involved an iPad on which she showed us the booking app they use and details of the different memberships.

We opted for the couples membership at £88.20 per month (endorphin levels were sky high so this sounded like a great deal at the time) plus we get some free gear and a club-branded item of clothing of our choice, each.

 

The club was only a few weeks old at the time, and it seemed like the trainer who was signing us up didn't know exactly how to navigate the sign-up procedure, but we got there in the end. We handed over personal details and my girlfriend gave her bank details for the direct debit to be taken out each month.

We immediately had to pay a pro-rata fee of £67.62 for the first month (September), oh and a joining fee of £50 (!?).

 

A few weeks later and reality hit, we were never going to get our moneys worth from this club and had only been a handful of times in the first couple of months (lets just blame it on our 'busy' lifestyle)

 

We paid again at the beginning October but then my girlfriend finally rang up to cancel.

This is when she gets told that actually she can't cancel the membership as (duh) we signed up to a 6-month contract.

Instead, they suggested that 'we had joined for a reason why don't we just pop down and give it another go'.

 

My girlfriend expressed her surprise at the fact that we were committed to anything, to which they told her all of the details were in her contract.

She went on to ask for a copy of this contract, that she had never seen before.

 

They did email her a copy of a black and white contract, which was filled in with her details and with all of the terms and conditions.

It included our joining date and commitment period end date.

 

At the bottom, there is an Application Declaration section, with signature boxes which were (obviously) blank, because this was the first time either of us had seen this contract.

Page 2, there was a physical activity readiness questionnaire (blank with empty signature box)

Page 3 was a copy of her direct debit (blank with empty signature boxes)

 

She informed the club that she was cancelling her direct debit as these contracts they had sent were quite clearly unsigned by herself, and that she was never informed and/or agreed to the long-term contract. They never acknowledged this email.

 

Fast forward a couple of months and she receives an email from a debt collection agency after a payment of £610.26.

She rang this agency and told them the whole story.

They agreed to put everything on hold and contact the club.

 

The next day, she receives an email from the agency stating that they had contacted the club and they had been advised by their client, that we set up our membership via a tablet they handed to us, that we had agreed to tick and had agreed the terms and conditions in order to proceed.

And that they had no written confirmation of us wishing to cancel our membership (bull****)

 

Therefore they look forward to our payment (of which late fees had been added)

Their t&c's actually say they may charge a fee of no more than £15 for failed direct debit payments and any unpaid fees referred to a debt collection agency will be subject to a charge of no more than £30?

But that's besides the point.

 

We/my gf were never told about the commitment period, and never signed anything.

They sent us a copy of a completely blank contract.

 

We're only 24/25 and have no experience of anything like this, do we just ride it out?

Could we be caught out somewhere along the line, even with them having no signature?

We've watched hours of Can't pay we'll take it away, should we expect to see ourselves on Channel 5 next year?

 

Thanks in advance for any help.

P.S. We never received our t-shirts.

Edited by dx100uk
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Have a read of other threads here. Your experience is the same as those. It's nothing to worry aboit

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi TC and welcome to CAG

 

Please confirm the name of the gym and of the collection company.

 

Don't expect to be on Channel 5 TV any time soon. In our considerable experience over many years, we've seen only one case go to court and that was dropped like a hot potato as soon as the claim was defended.

 

Don't respond to the collection demands by phone or any other means for now.

 

:-)

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Bailiffs only come AFTER you lose a court case

you fail to pay it in 28days

the court allows them to be used.

 

and as gyms don't do court...as slick says - nothing to worry about

 

a DCA is NOT A BAILIFF

they have

ZERO legal powers

safe to totally ignore

 

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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