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By BankFodder · Posted
Well just because it's in the terms and conditions doesn't mean that it is enforceable and frankly it sounds unfair without referring to you. I'd like to see what my site team colleague @slick132 has to say about it but my instinct is to write them a letter and tell them that for the avoidance of doubt you do not admit you have any contact with them and you have no intention of paying anything and if they want, you will see them in court and you will challenge the fairness of the term that they are apparently relying upon. Let's see what my site team colleague says -
Yep - they took me off as a linked member and made me a stand alone member. I have looked into their membership terms and it does state they could do this but it seems really unfair that my ex-partner and DL can do this without my permission.
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By BankFodder · Posted
Are you telling us that they took it upon themselves to open up an account in your name? -
By PapayoohZoom · Posted
Hi, I have a long going issue with Welcome finance now taken over by Coast Finance Solutions on 23/05/18. FSCS have on their website failed firms and Welcome Finance being one of them. They failed in 2/03/2011. I phoned FSCS what happens when a company fails/cease trading and stops altogether. They said everyone stops and leaves. No one is in the office, no work takes place. Yet I don't know who has been ghostly charging me £254.64 every month from 3/12/13 to 12/6/18 PPI payment almost cleared the debt in 2018. I am confused. Please help. -
Hello, I'm looking for some advice regarding my david lloyd membership, I was a linked member to my now ex-partner's member unfortunately over the last lockdown our relationship broke down and we've gone our separate ways. To put it mildly we're not on friendly terms, he goes to the gym with his close friends and it would be a pretty hostile environment to be around. He sent me a brief message just over a month ago to say that I was no longer a member and basically i'm not allowed to return once they'd re-opened. I'd left it at that and rejoined a new gym. Anyway, i've now received an email staying I have unpaid fees and need to make a payment and they've set me up as stand alone member - i've tried to speak to someone but apparently have to wait 3-5 days and i'm assuming they're now going to make me do the three months cancellation fee. I can't afford to pay three months worth of membership for a gym i'm not going to go to. From reading some of the other conversations it looks like DL can be pretty brutal and not really have any empathy and i'll soon get a letter from a debt agency if i don't comply. What would be the best way forward? I'd rather offer a resolution then ignore and worry for a few months.
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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-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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BankFodder, -
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