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    • Update: This afternoon I got a letter from Drydens (on behalf of their client Erudio) that says: Please find enclosed, by way of service, a copy of Notice of Discontinuance sent to the Court under cover of our letter of today's date. The enclosed Notice of Discontinuance has - for all of this claim - ticked. I'm clueless about legal stuff, but I assume that means they have withdrawn their Claim?  Should I celebrate? During my hearing, when adjourning the court date, the Judge ordered that no more evidence is to be handed in by either party. I assume that they did not think they would win, therefore filed for Discontinuance.  I'm just confused how this is in their favour as they will lose the money they spent so far.  What I'm also unclear about is - does this mean that they can submit another Claim with different evidence? Or once they Discontinued they can't sue me again for the same reason?  Let's see what their next move is. Can't thank you enough for all your help!  
    • Couldn't get back to you this afternoon I will tidy it up in the morning ready for the deadline Andy  
    • @jk2054 Received the order of judgement today and Evri have also paid. @BankFodder and JK - I've recently sold an item on Ebay and this time, I did not use Packlink or Evri to send the item to the recipient (used Royal Mail and item successfully delivered). However, I took screenshots of the process to go through Packlink to book a delivery service such as Evri, as i thought it would be useful for you and other members of this forum to see how someone would choose a delivery service through Packlink, and the information that's available about the parcel value, delivery service, compensation etc.  It may also be helpful in future WS / Bundles as an example to show that Packlink is an intermediary / comparison service which provides users with a list of services of delivery companies and the user selects the option that best meets their needs. The screenshots are in the attached pdf. You'll note that A lot of the information is pre-populated such as the order value (which cannot be changed), recipient's address etc. and there is a list of different couriers / delivery services, the compensation they offer, and the price of using 1 of the couriers/delivery services. Towards the end, there is an option to select full compensation coverage from Packlink, and proof of delivery, and the costs for each of these services. In each of the screenshots, there is a prominent message that by clicking "purchase postage label", the user is acknowledging and accept that their purchase will be subject to Packlink terms and conditions - these are the Terms and Conditions that Evri provided in their defence witness statement in my case, and that I used to explain to the judge that under these T&Cs, there is a contract with the delivery company. Delivery service selection on Packlink (redacted).pdf
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Village Gym, ARC Ltd & Major Law


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Hi all,

I understand and have read that this subject has been covered a few times by a lot of users but of course every case is different so before I respond to Arc and Major Law, I thought ill do a post here to get the view of a few people that either experienced this before or have advise to offer.

 

So, I will try and cover what are the important things and give a bit of background to my case (I will also attach the letter from Arc and Major Law plus the emails I got from Village Gym)

 

I opened my account in April 2022 with 1 year contract to end in March 2023 (exact contract wording: Your initial commitment period will end on 31/03/23 plus 90 days notice period), side note - the 90 days notice period was never enclosed when I agreed to the contract over the phone. Monthly fee of £47.

 

Fast forward to September 2022, I requested to cancel the membership through an online form they have as I was going through a lot of stress as work causing me not to use the membership plus all the financial difficulties all of are currently facing.

 

Their response was an automated email confirming my cancellation will take place on 31/03/23 as per contract T&C's etc etc..

 

I went back to them to stress that I have a genuine reason to cancel and that all of this adds to my stress/troubles and that I was willing to pay another month but wanted to close the account (that was in December 2022)

 

They came back asking for some proof of this e.g. doctors note, but I never went to my GP for this and its something I wanted to keep confidential as well. They never showed any remorse or sympathy for me problems and they were not willing to work with me on this.

 

Long story short I ended up paying for December and cancelling my DD going forward as I could deal with this anymore.

 

Following my DD cancellation I received a generic email saying that they would increase their prices to cater for increased energy costs etc, so I found this opportunity to cancel my contract on the basis of that (there was a clause to say I was allowed to do that if they increased costs) so I received an email confirming cancellation of my contract in 31/01/23.

 

By the way, all my communication with them was through their online form to submit queries - meaning I have no proof of the text I have sent just an automated email confirming my submission of the cancellation request.

 

I started receiving letters from ARC LTD in April (see attached) asking for £99.63 as an outstanding balance (even though I have an email from Village saying my balance is £49, also attached) which I of course ignored so far until I also a letter from Major Law threatening court action if I do not respond or pay up my balance which would include fee's if I go to court.

My course of action would be to email both Arc LTD and Major Law and tell them in simple terms that:

  • Firstly, they have it wrong and that I only owe £49 as per Village gym email to me
  • Secondly, their threatening act is unacceptable and will not be tolerated
  • Thirdly, I will mention that I consider reporting them in trading standards for false claims, psychological abuse etc
  • Fourthly, I wanted to mention that I had a valid reason to cancel my membership which their client didnt honor and this debt should be deleted (is it worth mentioning that?)
  • Or just continue to ignore it?
  • Or offer to pay £30 as goodwill and close this matter down?

Any thoughts or recommendations on how to approach this before I proceed with the above?

Many Thanks

 

Village Gym.pdf

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ignore everyone.

 

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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As above – but for the record:
sounding off that their behaviour won't be tolerated – doesn't help and would just be seen as cranky.
Reporting them to trading standards doesn't faze them – trading standards are useless for this kind of thing – they will realise that you don't know what you are doing.
They aren't bothered about psychological abuse – and anyway it's not recoverable head of damage in the circumstances. It sounds like ranting.
Arguing that you had a valid reason makes you sound like a supplicant.
Don't offer to pay them anything because it encourages them and makes them feel that you do feel morally indebted

 

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Understood - thank you kindly both.

If they do continue with their court threats - still ignoring or would you recommend that I need to respond back?

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gym debts dont appears on credit files

gyms dont do court

totally IGNORE.

its a scam.

 

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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Share on other sites

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