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    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
    • £1300 is fine. Don't worry about it. Don't worry about the disclaimer. It has no effect. They are trying to introduce a new term into a contract which has already been made. It has no relevance. Even if a certain delay was acceptable, the fact that they have already had your computer for three months and they are now effectively suggesting a further two months that is five months which amounts to about 20% of your period of ownership – is not acceptable. What I'd like to know – and I think is quite important – is what they say in their warranty if the computer is beyond repair. I'm assuming that you are prepared to bring a small claim against them – and that is what we will propose that they fall back on that term – especially if the term proposes that they supply you with a replacement. This would then avoid the problem for you that you would have to accept only a proportion of the purchase price. If you're not prepared to sue them – then frankly there's nothing you can do. If you are prepared to issue a small claim then your chances of success are better than 90%. The risk you if you lose is that you lose your claim fee. If you win then you will recover all of your losses. If you want to start a small claim that we will help you all the way but it will assist enormously if you can find the terms and conditions of the warranty. Have a look at their website and you may find references to it there or at the Currys website. Did you pay for this warranty or was it simply included as part of the purchase price? If you paid, then who did you pay? Did you pay Acer or did you pay Currys?  
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egacy Leisure - i must give 28 Days Notice


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Hi,

 

I'm sorry to add to the deluge of gym issue that are already here but I was hoping for some advice on my situation.

 

I have had my gym membership payments frozen over lockdown, and when they reopened again in July I opted to continue to freeze mine for a further three months.  I'm not sure about others but I just don't have trust in the general populous (or rather the people I've seen use that gym) to do their share to keep things clean and Covid free (despite an email today telling me that they give me 'the strongest assurance' that it is being well cleaned - frankly, there is no reassurance they could give me I don't want to catch this life changing / life threatening virus).

 

So, they've told me I have to give 28 days notice - something I find very disagreeable given the climate.  I've even asked if they could just freeze my account for a further six months or so - in the hopes I'll feel safer at the end of that time.  I don't particularly want to quit the gym, I just don't want to spend a monthly fee on something I'm not going to use.  They unfortunately will not freeze.

 

I've seen people mention on here to just cancel the direct debit and ignore their threats of court action and it being passed on to a collection agency, and that they are in turn powerless and I won't be taken to court ('gyms won't take you to court' I've seen posted on here but it's easy to say, a lot harder to take the plunge and keep fobbing them off in the hopes they'll eventually go away).

 

I just wondered where I stand and what you would recommend as the best course of action.  It's not a massive sum of money, but with my partner losing their gig over the lockdown, every penny counts at the moment.

 

I'm quite infuriated about their stance of wanting to charge me a months notice, when they could just freeze and keep my continued membership after that freeze period (which should be worth more money to them in the long run).  I've been a member with them for years so to be treated like this is even further annoying.

 

Thanks in advance for any help, and I hope you are all keeping self and well,

 

Sam

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bottom line is do what you must.

 

there is no 'rule' in law which stipulates you MUST give them any notice at all.

 

it's just something that is mentioned in most gym T&C's (though some scam you with 3 mnts!!) and we ADVISE to OFFER by letter should people had accidently stopped a GYM DD already.

 

you are quite safe to totally ignore anyone that demands money should you do so.

gym debts do not show on credit files

as you say..gyms don't do court

any DCA is a useless and powerless firm that aren't bailiffs and can do stuff all on any debt be it a gym one or otherwise..

 

i know what i'd do....

 

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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Hi SW02 and welcome to CAG

 

Please tell us what gym this involves.

 

The solution for you is simple - just cancel the DD mandate immediately via your bank, to avoid them taking a full or reduced fee.

 

Once you've done that, let us know and we'll suggest a brief letter to post to the gym (or Head Office) saying you've cancelled the DD due to their unwillingness to treat your concerns seriously or sympathetically.

 

They'll whinge  and whine and say you owe ever increasing amounts but they'll do nothing to cause you any serious issues.

 

We've been telling folk here the same thing for nearly 10 years, after The OFT took AMSL to the High Court.

 

Let us know when you've cancelled the mandate and we'll take it from there.

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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Good morning,

 

Thanks for the reply.  This gym involves Legacy Leisure, the gym I use is Rutland Sports Park, though my account is linked to Friesland Sports Centre as that’s where I initially signed up (they have 5 different sites all working as one in this area).  It was a council owned and run gym before they brought in this third party to do it for them (and reduced the quality, but that’s a story for another day).

 

As suggested I have cancelled the direct debit.  I received another email last night telling me that they would freeze my account for a further 6 months for an ‘admin fee’ of £5 per month.  I will be telling them that’s not good enough.

 

Apparently I owe them £25 for an admin error on their behalf from about a year or so ago (they mentioned this at the time but said they would look in to it, and never mentioned it again).  I’m happy to pay what I owe outside of this £26 28-days notice fee.

 

So: what should I do next?

 

Thanks again,

 

Sam

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as you've no doubt read in other gym threads ( i hope??)  here any adim fee is a 'penalty' and is unlawful.

 

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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Hi dx,

 

Yeah I've seen that mentioned, though I'm surprised that if it's unlawful how they even have the gall to suggest it in the first place - there must be a loop hole they have handy.

 

Sam

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cause just like people and bank charges and credit card late/over fees or arrears fees on insurance finance or mortgages, MUGS blindly pay them....

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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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I suggest you just wait now, until the gym or admin Co. write to you saying the DD has been cancelled and needs to be reinstated, threats of admin fees, etc.

 

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

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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  • 5 weeks later...

Just to give you an update: I've heard nothing.

 

The 28 days notice they wanted me to pay for has coincided with the national lockdown where gyms were forced to close so I'm hoping they're going to let it lie.  Of course that might change when more people go back to on December 2nd.

 

When I hear anything I'll come back to report.

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nothing they can do anyway so..

 

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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  • dx100uk changed the title to egacy Leisure - i must give 28 Days Notice

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