Jump to content


  • Tweets

  • Posts

    • @dx100uk - hi, started new thread here.
    • Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served.   3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
  • Recommended Topics

  • Our picks

    • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

  • Recommended Topics

@anytimefitnessUK Refuse to refund membership paid over Lockdown period


Recommended Posts

Good afternoon.

 

I am a member of Anytime Fitness on a rolling-monthly contract.

 

In March 2021, my home gym (Aldgate) sent an e-mail asking members to continue paying, freeze, or cancel their membership. If you didn't reply they would automatically keep taking payments.

 

Me (being naive and stupid), didn't reply to their email. My £40 a month D/D payments continued. These would be reduced to 50% once gyms opened again. I paid 100% (£40) Apr, May, Jun, Jul, and 50% (£20) in Aug, Sep, Oct.

 

I DID attend the gym July - October, so I am owed 3 'half-months' and around a week (from July) of payments from Aldgate.

 

My home gym then switched to Lewisham in November by default as I had visited that gym more.

Lewisham charged me the 50% for Nov, Dec, Jan, Feb, Mar, and this went back up to 100% (£40) in April.

 

Again I DID attend Lewisham in Nov and Dec outside of restrictions. I have also attended the gym this month.
Therefore I have overpaid them by at least a month, plus the latter part of December. It gets even more confusing as their basic membership fee is £24.95.

 

Aldgate will not refund me, nor will they transfer what I essentially overpaid to Lewisham, despite the gym being one-brand it is ran by a different franchisee.

Lewisham are not so quick at replying to e-mails. They said I can talk to their management when I next visit, but I want to keep everything written (even if it is electronically) for now. I am however going in there tomorrow to give them a piece of my mind. 

 

Anytime Fitness don't have a central 'complaints/info' e-mail, they essentially just push you off to the individual clubs.

 

Should I just try claiming a refund though my bank? All payments are made to a company called Clubwise, which I am told is a membership payment system that all ATF gyms use.

 

Many thanks.
 

Link to post
Share on other sites

just work out how many DD's each owes you and go do a indemnity claim.

 

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... 

Link to post
Share on other sites

Hi Rich and welcome to CAG

 

I assume in para 2 of your post that you meant to say, "In March 2020" but please confirm.

 

I think most gyms suspended DD's while gyms were forced to close due to Covid. So I'm surprised that ATF continued to take DD's and also that you (and maybe others) allowed them to do this.

 

Before you decide what you want to reclaim under the DD Guarantee Scheme, we need to know if you want to remain a member. This may be difficult if you get into a dispute and/or reclaim DD's.

 

Once you confirm, we can suggest what you should reclaim using the DDGS.

 

IMHO, if the gym was closed to you, you should reclaim. But you should pay for any months when the gym was open and you used it.

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 !:-)

Link to post
Share on other sites
6 hours ago, rich_p said:

. If you didn't reply they would automatically keep taking payments.

is the most disturbing part, .....by default it should have been the freeze option.

money grabbers!

 

 

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... 

Link to post
Share on other sites
Posted (edited)

Thank you for the replies all.

 

Yes March 2020, apologies for that error.

 

I can take it or leave it with the membership, plenty of other spots around. If it means burning bridges to get what is owed, then so be it.

 

However, also happy to pay for membership when I have used it. I have stated this in an e-mail to their management. Fair's fair, however their refusal to refund OR transfer over extra payments from one franchise to another is not.

 

Particularly as they operate as one fitness group, with a centralised payment system, website, same branding, and the ability to access any site, worldwide! 

Edited by rich_p
Link to post
Share on other sites

pers i'd DD guarantee reclaim ALL the payments on months whereby you did not use 'a gym' , whereby their default action was to take payment not freeze it.

 

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... 

Link to post
Share on other sites

Hi Rich,

 

I'd focus on finding a new gym asap.

 

As DX says, contact your bank and ask for a refund of DD's taken recently that equate with the amount taken by DD over the months for any whole month you were unable to use the gym due to Covid closure.

 

I wouldn't bother explaning anything to the gym for now. We can deal with this later.

 

Let us know what amount you'll reclaim using the DDGS and the way in which you calculate the amount.

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 !:-)

Link to post
Share on other sites
  • 3 weeks later...

Hi all,

 

Tardy responses from the gyms (not wholly surprised) have delayed updating this thread.

 

I asked Starling Bank to refund two amounts (£20 + £40) that would equate to balancing my membership from Anytime Fitness Aldgate during 2020, however they have refused as below:

"Unfortunately this isn't a merchant error. Facilities not operating as a result of the lockdown is not a merchant error therefore we can not dispute this for you"

"You will have to resolve this with the merchant directly".

 

Now, Anytime Fitness Lewisham seem to think that my payments from Jan - Mar 2021 (£60 total) will be put towards my membership for the rest of the year.

 

However they recently took payments in April AND May, and ended up taking £64.15 too much! 

 

According to their e-mail, I will be refunded this £64.15 by the 14th of April.

 

Given their continued carelessness, I am inclined to just cancel my membership for June and try to claim back as much as I can.

 

Thoughts please?

Link to post
Share on other sites

your bank cant refused a DD guarantee claim...

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... 

Link to post
Share on other sites

Hi Rich,

 

There was really no need to wait for a reply from the gym.

 

Go back to your bank and tell them, " I require a refund of DD's taken by the gym on xxdate, xxdate and xxdate in the sume of £xx.xx, £xx.xx and £xx.xx respectively. I am entitled to such refunds under the Direct Debit Guarantee Scheme to which banks subscribe."

 

No need to justify to the bank what amount you require. 

 

Reclaim precise recent DD's that equate to what you've now overpaid to the gym.

 

Do it via the bank and don't involve the gym - it's unnecessary.

  • Thanks 1

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 !:-)

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...