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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
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      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Lost Parking Eye ANPR PCN - S.Mimms court claim - N164 Appeal as my evidence was ignored


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try goggle for starters then sign up for linkedin and also do a name search for him on the Solicitors Regulation Authority site and also ditto for the Bar Association.

 

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I am not trying to suggest that there is an element of naked bias but you need to look at background to see why he may have come to the conclusion he did. It may be that it just isnt his field so took a guess...

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Strange I too had that same feeling when you was responding to my posts with CAPS AND UNDERLINES AND SENTENCES IN BOLD :becky:

 

You dont suppose he thought you had an attitude problem by any chance ?

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Thats the way the process works......you cant appeal unless you have been given permission to appeal...you state he refused permission...so you therefore have to get permission to appeal first...if granted then you can make your appeal.

 

Appeals are very risky and costly...and we do not see many here on the forum and the ones we have are not normally successful...so think long and hard before venturing into this process....as it may be prudent to just accept the judgment and pay it on time....and move on with your life.

 

Andy

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It wont be a landmark case so they will have to think carefully but as you arent using an expensive lawyer yet thye may think that they have little to pay out if they lose so worthwhile fighting it, at least initially

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8 hours ago, ericsbrother said:

It wont be a landmark case so they will have to think carefully but as you arent using an expensive lawyer yet thye may think that they have little to pay out if they lose so worthwhile fighting it, at least initially

Expensive lawyer on stand by lol

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My argument for permission to appeal is based on 2 main points.

1) evidence was put to the court and put before the judge. court Admin have admitted to this error

2) Claimant lied and misled the court

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  • 4 weeks later...

Called court yesterday as i#m working away and been told a hearing is booked in for 2 months.

 

The hearing will hear the case for permission to appeal and then the appeal if successful.

 

One step closer to actually getting some justice

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so now you need to get ALL of your evidence together for the one shot your have. the set aside will fail if you donta nd that means no chance of having anything considered evenif the court runs out of time and has to adjourn.

 

Now you cna hope that they fail to bring all they need to prosecute their case because they won last time without having to try so you need to find something that rubbishes every bit of their claim from pictures to planning, other cases that casn be persuasive etc. where you say they lied it will be better to argue that they are just wrong  or possibly mistaken regarding the facts of the matter rather than liars. the judge will know what you mean and will say that they "prefer the evidence of..." rather than calling out the side who is telling porkies.

 

I have had a judeg tell me that perjury is irrelevant where case law sets a precedent and he is obliged to consider x rather than strike out the crooked evidence. that is where hiring a barrister helps the big guns, they know how to save their clients hides

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  • 1 month later...

they would have been given copies of the appeal , the judge told to have New docs in 10 days bwfore the hearing.

 

apparently the hearing will first be about permission to appeal and then if successful the actual appeal..

 

i would have thought to have heard something by now

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you make sure that you take everything you can possibly get your hands on and if your appeal is granted and the previosu decdision is set aside then you can ask for a summary determination based on the new evidence. The chances of getting this will depend on what PE said- ie fi they want a new trial and will represent ro whether they said little at all. unless they have failed to respond you wont be allowed to ambush then but still worth asking in case they ahve just failed to show up.

Do you know if it is a different judge yet? Did ask who the first one was cos if it was a DDJ then you will almost automatically get the circuit judge making the decision.

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a judgement cannot be vexatious, only a claim. The judgement can be perverse and they often are but as with all things to do with courts they set a different benchmark for themselves as to what this means when applying sanctions

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