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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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Waiting on refund from July from The Gym


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Hello, 

 

I was emailed by the gym saying they would refund me half of my gym membership as I was unable to travel to the gym (it was in a location near my university and not my home). 

 

I have been waiting since July for this refund and they keep saying they're looking into it but I haven't received it yet.

in one email they said that it was their accounts team having an issue locating my PayPal account.

My PayPal account is the same email they contacted me on.

And I haven't had a response in the past week about what the next hold up is but this is beyond ridiculous.

What can I do to get my money back? 

 

I tried to escalate through PayPal but they've rejected the claim as the purchase was over 180days ago. 

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why are you using a PP account to pay regular amounts

that removes any consumer protection you have as they are outside the UK and are not covered at all by our banking and consumer laws...unless this was a paypal credit account.

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 PJB,

 

1. How much are you hoping to be refunded.

 

2. How is that amount calculated.

 

3. Is the gym DD mandate still active or have you cancelled it.

 

4. Or is it perhaps a CPA (Continuous Payment Authority).

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Hi slick! 

 

On 22 July they said they would refund me £74.07

Theres no DD in place as my membership was a once off payment in November last year. 

Hi Dx, 

 

I paid through PayPal last year as a one off payment. 

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What gym is this?

 

IMHO as this was paid via PP I'd put it down to experience write it off and move on.

 

Alternatively issue the gym a LBC and sue them for the amount through the small claims track.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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LBC = Letter Before Claim

 

Did The Gym say they'd refund in an email, by letter, in person or by phone ?

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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Hi PJB,

 

Make sure you keep the email safely.

 

I would now send a written letter to the gym manager (or their Head Office if you know the address, Croydon ??) saying :-

 

Dear sir or madam,

 

Membership at xxxxxx gym

 

I refer to my membership for which I paid up front in November 2019.

 

In your email of xxdate, you confirm I will be refunded £74.07 to compensate for the facility being inaccessible for me due to location. 

 

So far, you have failed to make the refund as stated, despite me contacting you several times and being given various excuses.

 

I now require that you refund me as agreed to my PayPal account within 7 days. The details of the account are :-

 

Name xxxxxxxx

Sort Code xxxxxx

Account No. xxxxxxxxxx

 

If you fail to make the refund within 7 days I will look to recover the amount via the Court system.

 

Yours faithfully,

 

Send by post and get a free Certificate of Posting at the PO Counter.

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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