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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • 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
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi, I took a contract out with DW Fitness 5 months ago purely based on the fact they had certain cardio equipment I intended to use over winter listed on their website.

I’ve only used the gym 5 or 6 times since and only for weights as the weather was good so I’ve had no need to do indoor cardio.

 

Ive since been back to use the cardio equipment and it turns out the gym don’t even have the equipment, it’s listed clearly on their website in the cardio information section of the club I joined. Essentially I’ve been paying for months for the privilege of kit they don’t even have!

 

ive contacted them several times to ask them to cancel my membership due to the fact I was misled by their website and the fact they don’t offer the facilities they claim, however they just ignore my communications and they don’t answer the phones full stop.

 

I’ve obviously kept a electronic record of all of my attempts with , my last email I informed them if they neglected to reply to me again I’d simply hold them in breach of contract for failing to provide me with a resolution due to a lack of engagement.

They still continue to ignore me.

The staff at the gym are no help, they say to complain electronically which comes to nothing, or say theyll get back to you and never do.

 

Where do I stand on this due to the fact it was false advertisement that got me to sign up in the first place, plus their reluctance to engage or assist me with the problem.

Can I just cancel my payment and cut contact with them and treat them with the same contempt?

 

thanks for your time

Edited by dx100uk
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pers i'd be contacting my bank and invoking the DD guarantee and get ALL your payments back.

 

 

the bottom line is:

there is nothing a gym can do to you

no gym has done court in over 5yrs now.

 

any DCA the paymasters Harland set upon you are totally powerless like any DCA on ANY debt - they are NOT bailiffs and have ZERO legal powers.

gyms debts don't appear on your credit file.

 

 

once you've done that, and things settle shall we say the way we know they operate, then WRITE to the gym and offer a reasonable sum for the time you were there and did use things.

 

 

if they don't accept..stuff 'em.

 

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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Agree with DX. but follow it up with a email or letter to them stating what you previously said, and then leave it at that. They misadvertised and broke their own contract.

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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Thanks for the replies guys.

 

I’ve cancelled the direct debit, I’m sure they’ll be in touch as soon as the bank notify them I’ve cancelled it. I did tell them in the last communication I’d do so if they ignored me so they can’t have any complaints.

 

If they contact me I’ll send them a letter explaining why and send them the record of my previous attempts at finding a diplomatic resolution and tell them I consider them in breach of contract and have therefore terminated my end of the agreement and that I expect them to do the same in light of their false advertisement.

 

Tbf even if they did want to take it to court I’ll be happy to attend as they haven’t got a leg to stand on. If they attach a DCA I’ll simply tell them to send me the court paperwork and date I need to attend, no other communication will be necessary or acknowledged as they have no case from which to work anyway.

 

i know they won’t but it lets them know where i stand

 

Thanks again

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Nope. If they send a dca, dont play letter tennis, no matter how much it satisfies you. Its much better to just blank them out.

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 TW and welcome to CAG

 

You're right to cancel the DD mandate if the gym does not have the advertised equipment available.

 

I personally would not go so far as to reclaim the DD's paid so far because :-

 

1. You've used the gym facility 5 or 6 times.

 

2. It was your responsibility to check the gym had the equipment that was important to you. As soon as you found it didn't, you should have cancelled.

 

Once the gym or admin company starts chasing for payment, you should send the shortest of letters saying they advertised equipment that they failed to provide and were in breach of your gym agreement.

 

Keep us posted.

 

:-)

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