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    • Thanks DX - I wondered about the blacked out bits. That's their doing not mine obviously.   Attached is the exhibits part of the bundle. Sorry about this, no matter what I compressed the whole thing down to I got the oversize message, even if the filesize on my computer was showing as well under 4.8mb   The_exhibits-compressed.pdf
    • Thanks Bankfodder!   Hello again everyone.    I received my SAR back from Elderbridge and what and absolute load of **** it is!   1.  They did not send any transcripts or recordings of any phones calls  - both myself and my husband spoke to them in Aug 2016 (noted in their diary notes) and I called them in Dec 2018 (again noted in their diary notes) it was the same day they sent the reply even though they have mentioned me calling in their notes on that day, so not sure I should let that go or not!   I also spoke to them in July 2016 (again in the notes) and I spoke to them in Dec 2012 (again in the notes)    2.  Going through the diary notes in the beginning notes were sporadic mainly because we were making payment and everything was ok, then later as things changed there were notes almost once a month, then in NOV 2012 and Dec 2012 frequency of notes increase as this is when they began court proceedings.  and throughout 2013 again lots of notes made - mostly their in house stuff about court dealings and so on - so that's fine. then in NOV 2013 hey made a not re the court date in OCT - saying that they were ordered to treat the loan as having a fixed rate from inception and sent off etc.  BUT from 21 Nov 2013 to 17th June 2014 there are no notes at all!  Now the hearing was on the 10th Jan 2014!   17/06/2014 14:43 *****Substantial EVS costs to be added to any SF ****** 17/06/2014 14:43 EVS Defended + At the hearing on 10/01/2014 an SPO for 500 on 26/01/2014 and then CMI + £60 wef 26/02/2014 plus MJ for £103,331.03 suspended on the same terms. It was also held that we could add our costs - Defended costs on this case are £33,879.80. 17/06/2014 00:00 Reviewed Reviewed 17/06/2014 00:00 ***Defended Costs*****:To be added to any SF ***Defended Costs*****:To be added to any SF 21/11/2013 04:13 ADHOC Statement Printed From 03/10/13 To 13/11/13 Batch 2015 Sequence 28 Printed 13/11/2013 00:00:00   Above you can cleary see the gap then suddenly the first notes talk about the court case and costs etc, at the trial in OCT the judge reserved cost till the next hearing (also stated on the documentation from the court)  but then at that hearing in Jan 2014 we did not discuss costs - the 6 month gap I feel is very suspicious.    The final court document  dated 13th Jan 2014 says to pay the claimant £103,331.03 which is the amount outstanding under the mortgage and goes on to says order were not to be enforced as long as we pay etc.  no mention of costs at all - so they seem to just be adding them   3.   They sent a field agent to me in Jan 2018, I only knew this as on the 9th Jan 2018 I was working at home and heard the letterbox, thought it was the postman, went to the door to find an envelope shoved through the door with a letter in it saying they had been requested to visit me and that they called today but I was not in! and gave a number for me to call ( I saw the woman walking down the driveway - but she did not ring the bell! and I wasn't about to run after her!)   But in the notes they have written this utter lie!   30/01/2018 12:44 Field Agent Report Received The field agent visited the security address on three occasions. The customer was spoken to through the window. They refused to discuss and refused to answer the door. The contact number on file is not recognised. RFA - Not known Reasons for items not verified:N/A Details of variances of items outside of expenditure guidelines and reasons N/A Property is a detached house in good condation valued at £406,000. Equity not known. I actually cannot believe what I have read here! Can I ask them for some kind of proof of this, because I don't know who they are talking about but it certainly wasn't me!   4.  the documents they had sent me a joke, they have sent 77 documents in total, none of these are copies of letter from Elderbridge (which is who I sent the SAR to) all from First Plus and certainly not ALL of them, they have been bulked out by sending me copies of documents that I sent TO THEM for my court defence and there are strange Black boxes over some of the text!? which I don't understand!     After receiving this info from Elderbridge I decided to send a SAR to Barclays and I got a small package with a couple of letters, some diary notes and screen shot of the account, as well as a short statement of account. This was for our ORIGINAL loan from Feb 2006,  (we topped it up in June 2006) and the first one was closed.  The second one is the one that has been transferred to Elderbridge but Barclays seem to know be denying ALL knowledge of it! and I know that they still hold the beneficial interest of these loans and that Elderbridge regularly contact Barclays for help and advise - I have contact with other account holders who have diary notes from Elderbridge showing contact to Barclays!..   This week I also had a reply from the FOS (only from an adjudicator not an ombudsman) and his initial opion is that it's ok for Elderbridge to claim the costs as we defaulted, he seems to be ignoring my argument that the relationship is unfair etc but I will be sending this back and asking for it to be looked at by an ombudsman.   But was hoping that someone here could give me any advise re all of this - sorry I know it's a lot!!
    • why all the blanked out stuff in the parking contract? and no proof its paid this year either?  
    • pop the exhibits as a sep file i'll merge them for you
    • Thanks.   I've managed to reduce the file size and deleted from this copy all of the pages of photos and copies of the signs. Just their witness statement and the photos of the car parked up remain.   They say "My company relies on Parking Eye v Beavis (2015) in which it was accepted as an established principle that a valid contract can be made by an offer in the form of the terms and conditions set out on the sign and accepted by the driver's actions as prescribed therein"   Is there a refutation to this case anywhere? Or do I not argue that  and just refer back to EB's earlier post and focus on the signs?   "What you are writing is roughly your side of events and referring to the evidence you can provide so that will include their signage, any evidence or lack of authority for them to offer anything, their paperwork if that doesn't create a liability, the POFA where the vital phrases have been missed by the parking co or the timescales missed.   then you pick holes in the wording and substance fo their claim, for example, contractual sum or breach of contract - they are different. are they claiming from you as driver or keeper, cant assume they are one and the same.   What about the amount claimed? it will invariably include unicorn food tax so if they are saying keeper ia liable they are limited to asking for the amount shown on the NTK and you should make this clear as it helps damage their assertion that driver and keeper liability are the same thing   As they havent responded to your CPR request for documents you can start off with that but it isnt a golden bullet, "   thanks Bundle_the_approved,_signed_statement_with_the_exhibits-_Reduced.pdf
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Hobo123

36 month gym contract

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Hi all,

 

I've been directed here from reddit. Reading a few threads i think i have my answer but want to make sure i am ok to cancel my DirectDebit

 

So 2yrs ago i signed up to a local gym (Choices health club - Derby)i was told it was a special offer at £20 a month due to a grant of some sort. Today i emailed them stating i would like to cancel with immediate effect as i've not been in over a year, to which they respond to say its a 36 month contract and i have 1 year left!?

 

However i was not told this was a minimum term of 36 months! However after reviewing the T&Cs it does state its a 36 months term. I think 36 months i a very unfair term as anything can change in that period.

 

Can i cancel my direct debit worry free or do i need to go about this another way?

 

Thanks for your help

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Yes, you are quite right. 36 months is far too long and it is unfair.

 

Send them a letter telling them that you are cancelling the contract because it is unfairly long. Tell them that as a gesture of goodwill you are giving them one months notice and you are cancelling your direct debit.

 

Get ready for a debt collection letters et cetera threats. Come here when you get them – but don't worry about them.

 

Cancel your direct debit the bank. Best to read our customer services guide first. Implement the advice there and then cancel the direct debit. Confirm the cancellation in writing.

 

If the bank causes you any problems then begin a formal complaint and come here and tell us.


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Nice of Reddit to refer you here. Can you give us the link of the post which recommended you.


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Hi Hobo and welcome to CAG

 

Any gym agreement longer than 12 months is now deemed to be unfair to you as a consumer.

 

Despite what Bankfodder has said above, I suggest that you can cancel the agreement and the DD mandate without giving a month's notice - on the basis that the 36 month m/ship agreement was unfair and not enforceable.

 

I therefore suggest you cancel the DD mandate via your bank immediately to stop further DD's being taken.

 

Was this the Allestree or the Raynesway gym.

 

No doubt you will be contacted by the gym and/or their admin company when they find the DD has been stopped. Let us know what they say and what admin Co is involved.

 

Read other threads here for confirmation that gym cases do NOT result in court action, bailiffs or adverse CRA reports.

 

:-)


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Yes, you will be best off following the advice given by slick132. He is much more up on this kind of thing than me. I suppose I am being overcautious


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Hi Hobo and welcome to CAG

 

Any gym agreement longer than 12 months is now deemed to be unfair to you as a consumer.

 

Despite what Bankfodder has said above, I suggest that you can cancel the agreement and the DD mandate without giving a month's notice - on the basis that the 36 month m/ship agreement was unfair and not enforceable.

 

I therefore suggest you cancel the DD mandate via your bank immediately to stop further DD's being taken.

 

Was this the Allestree or the Raynesway gym.

 

No doubt you will be contacted by the gym and/or their admin company when they find the DD has been stopped. Let us know what they say and what admin Co is involved.

 

Read other threads here for confirmation that gym cases do NOT result in court action, bailiffs or adverse CRA reports.

 

:-)

 

Done and thank you for the reply. It was the Allestree branch. I'll keep you all informed

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Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)


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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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Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)

 

Got my first email from:

 

Bespoke Direct Debt Services

Service User Number: 406492

Service User Name: Debit Finance Collections Plc

 

 

"Account Name: X.XXXXXXX

Reference Number: XXXXXXXXXXX - Choices Health Club

Notification of Unpaid Direct Debit Payment

 

We would like to inform you that we have been unable to collect your payment due on 1st January 2019 for your membership of Choices Health Club.

 

As you have missed a payment, click on the following link to make a payment online: pay(dot)debitfinance(dot)co(dot)uk or contact us on 01908 422 007

 

Please note that your 1st January 2019 payment for £35.00 (including a £15.00 late payment charge) must reach us within 7 days of the date of this email. If we have to send you a second reminder you will incur a further fee of £15.00, as per the terms of your agreement.

 

Your next Direct Debit payment will be taken from your account on or after 1st February 2019. If we do not have valid Direct Debit details we suggest you contact us to update your records.

 

Thank you for your anticipated co-operation.

 

Yours sincerely

 

Administration Team

 

 

Please do not reply to this email, emails will not be monitored."

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Hi Hobo,

 

I suggest you simply ignore this email and wait until someone sends you a written letter or demand.

 

When they do that, we'll suggest a letter in reply which will refer to the 2011 High Court ruling against AMSL. See this Sticky for more info on this - https://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months(1-Viewing)-nbsp

 

Don't worry about the threat to add more admin fees as they are not enforceable.

 

:-)


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On 12/12/2018 at 9:57 AM, slick132 said:

Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)

Hey Slick,

I got this in the post today... Advice welcome. I presume ignore and keep a log?

20190301_123029.jpg

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A dca is not a bailiff and have ZERO LEGAL powers on any debt


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

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I suggest you send a letter to reply as follows :-

Dear sir or madam,

I refer to your demand for £345.00 which will not be paid.

The 2011 High Court ruling made by Mr Justice Kitchen in the case of The OFT v Ashbourne Mgt Services Ltd made it very clear that a 3 year membership agreement is not enforceable and that is why I cancelled the DD mandate without notice.

If you make further demands in this matter, a formal complaint will be made against DFC and the gym.

Yours faithfully

Get a free Cert of Posting at the PO when you send this.

Keep us posted. 😎


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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.

 

Thanks !:-)

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Oh, and thanks for confirming your username has nothing to do with your real name 👍


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.

 

Thanks !:-)

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Brilliant thanks,

PS is it worth also posting this on their Facebook page? A bit of public shaming can work wonders i hear!

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social embarrassment always works.


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

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Hi Hobo,

 

I suggest you post on their FB Page and Twitter that their 3 year m/ship is no longer reasonable after the High Court Case of The OFT V AMSL in 2011 where any gym m/ship longer than 12 months was deemed unreasonable and unenforceable.

For the Tweet, you could shorten it to, "Gym m/ships over 12 months - not enforceable per High Court case against AMSL in 2011"

😎


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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Posted (edited)

Got a response to my letter slick, thoughts?

 

Edited by Hobo123
wrong photo

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Hi Hobo,

 

I suggest their interpretation of the AMSL case and Ruling is wrong and you could reply as follows :-

 

Dear sir or madam,

 

I refer to your letter of 28th March.

 

I disagree with your interpretation of the High Court ruling in 2011 and will not make any further payment to you but may report further demands to the relevant authorities due to you continuing to offer 3 year contracts.

 

Yours faithfully,


We could do with some help from you

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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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