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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
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    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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In contract with gym, they won't cancel only freeze - Clifford Health Spa, Ashbourne Management


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I signed up for a gym around a year ago on a 12 month contract that asked you to give three months notice if you wish to cancel after that point (so 15 months being the mimimum you can stay with them).

 

The gym closed in April when the world went into lockdown and membership fees were frozen.

I paid eight months worth of the contract up until this point.

 

The gym has now reopened with restrictions in place that coincide with gov guidelines.

However because of this you can only use the gym for an hour at a time and the hours have been reduced slightly.

 

I am now wanting to cancel the membership on the basis of it not being what I originally signed up for.

I spoke to someone on the phone who said that isn't grounds for cancellation and they can freeze the account until I am ready to return but that's the best they can do.

 

What rights do I have?

I don't want to just cancel my direct debit and cause issues with owing them money

but I also don't want to keep freezing the account as it seems like it will never end!

 

Any advice would be appreciated!

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Hello and welcome to CAG.

 

Could you tell us which gym organisation please? It could help us to advise you. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Thank you.

 

Site team member @slick132 is good on gym matters, I expect he'll be along to help later but we have other caggers who know about gyms as well.

 

HB

Illegitimi non carborundum

 

 

 

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  • dx100uk changed the title to In contract with gym, they won't cancel only freeze - Clifford Health Spa, Ashbourne Management

when did you last pay April?

when did you last use the gym?

 

stop using the phone!!

gym memberships dont appear on credit files so can't harm you

and gyms don't do court.

 

simply offer them ONE months membership along with your cancellation letter. they can't enforce 3 mths cancellation rule.

if they don't agree, ignore them totally.

 

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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Thanks for your response! I

last paid in March and went in maybe November of last year as I moved house in December a bit further away. 

 

I am trying to get access to my contract to check the T&C's but realise I lost my paper copy in the move.

The company are now claiming they sent it but they haven't.

 

 

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forget about stupid contracts...it's the norm of 1mts across the board.

 

pers i'd do as i said and ignore them

stuff and all they can do.

 

1000's of like threads here to read

 

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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DCA's are NOT BAILIFFS

and have

ZERO legal powers on ANY DEBT - no matter what it's type.

 

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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  • 2 weeks later...

Sorry, only just seen this 😳

 

Cancel the DD via your bank immediately. You don't need their permission to cancel the DD and it's common for gyms and their admin companies to lie about what you can or can't do.

 

The gym or Ashbourne Mgt Services Ltd are wrong to require 3 months notice - this is unfair to you as a consumer. They'll complain, make demands, etc but they'll do nothing significant to affect you.

 

Keep us posted ..........

We could do with some help from you

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Thanks for coming back to me on this.

 

I've reported them to trading standards since they are now not providing my contract with the t&cs (I stupidly lost mine when moving recently).

 

I have a feeling they are waiting until the gym can offer what it was able to originally (normal opening hours and longer time at the gym) but out of principle I want to cancel regardless, their customer service was shocking and the woman on the phone who I spoke to a few weeks ago ended up hanging up on my partner when they took over the call (as I was getting nowhere and don't do confrontation well!!)

 

Am waiting to hear back from them and have made them aware I'm taking it further. For the sake of 4 months payment left it's probably not worth the hassle but now I'm so tired of this that I'm not going to give in!

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No stop ringing them

and give the money to us!!

 

you owe nowt.

 

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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This was the only time I spoke to them on the phone and have everything else over email, though they are mostly all me!!

If they do call again (unlikely) I will request an email because they've been awful over the phone!

 

Thanks, hopefully I will hear from them soon!

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why do you want to hear from them?

 

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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ignore them.

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 MeetMe,

 

We've been dealing with gyms and their admin Co's for many years. You're wasting your time tryng to get T&C's from them.

 

Arguing anything with them will change nothing.

 

Cancel the DD mandate via your bank and forget trying to get the gym or AMSL to "allow" you to cancel the m/ship. It is your right to do this in your present circumstances.

 

AMSL will say you shouldn't have cancelled and will then "add" admin fees but that does NOT mean you owe them a penny. Any such dispute will not result in any legal action or damage to your credit reports.

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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Too early to celebrate, yet. The gym may have accepted the cancellation but .........

 

......... do not be surprised if AMSL, the gym's admin Co, make further demands saying you failed to give the correct notice.

 

If they make any such demand, don't reply to them at all, but come back here to tell us what they're saying.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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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Good that AMSL have acknowledged the cancellation but ...........

 

......... I still stand by what I said above. Iwouldn't be at all surprised if AMSL make demands for more money re cancelling without notice.

 

Just keep us posted though.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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.

 

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Ah ok, that's a good point... would they be a position to do that having confirmed that the membership has been cancelled? I mean, I wouldn't put it past them by how they've acted so far but I have email confirmation so would have thought that would be sorted. If they'd asked for a months notice I would probably pay it to get them off my back but they didn't! 

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Being objective, it could be that they accept you've cancelled the DD mandate and you can no longer access the gym.

 

But that does not rule out them arguing that you cancelled early or without the notice they require.

 

Let's not second guess though - let us know if they come after you for more, or if they let it rest.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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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no you go radio silent on everyone.

 

stop thinking anyone has anyway to cause you issues anywhere.

 

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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