Jump to content


  • Tweets

  • Posts

    • It is essential that you find out where the car is.  It is also essential to find out whether what you signed was an authorisation What precisely it was that you authorised.  I expect it was an authorisation and it certainly is going to be a big problem that you didn't read what you signed.  However you must find out and you must do it as quickly as possible.  If necessary start telephoning people but read our customer services guide first.  But then render everything in writing  
    • There are 19 documents received from SARS request, spread out over 2 messages too big to put all on one. I have also received the Notification of allocation to the small claims track hearing for beginning nov 2024 SAR Info provided 150124 by Dcblegal-11.pdf SAR Info provided 150124 by Dcblegal-12.pdf SAR Info provided 150124 by Dcblegal-13.pdf SAR Info provided 150124 by Dcblegal-14.pdf SAR Info provided 150124 by Dcblegal-15.pdf SAR Info provided 150124 by Dcblegal-16.pdf
    • 050124 DcbLegal-1_1.pdf 050124 DcbLegal-2_1.pdf 121223 DCbLegal_1.pdf SAR Info provided 150124 by Dcblegal-1.pdf SAR Info provided 150124 by Dcblegal-2.pdf SAR Info provided 150124 by Dcblegal-3.pdf SAR Info provided 150124 by Dcblegal-4.pdf SAR Info provided 150124 by Dcblegal-5.pdf SAR Info provided 150124 by Dcblegal-6.pdf SAR Info provided 150124 by Dcblegal-7.pdf SAR Info provided 150124 by Dcblegal-8.pdf SAR Info provided 150124 by Dcblegal-9.pdf SAR Info provided 150124 by Dcblegal-10.pdf
    • From the Law Gazette. Paula Vennells had faith in her lawyers - and threw them under the bus. Post Office Inquiry: Paula Vennells trusted her lawyers and then threw them under the bus | Law Gazette WWW.LAWGAZETTE.CO.UK If we are to believe the former chief executive, she was simply too trusting of her general counsel.  
    • Thank you dx. Not very nice reading, but I have learnt a bit, I will need to go over some of them again later.  Something I picked up from those posts are Auxillis use of tick boxes and electronic signatures.   I need to find out what the tow truck driver made me sign for.  He put the car on the trailer and locked it down, then got a phone in a big protective case out and just handed it to me. I didn't even think what I was signing, I presumed it was related to the condition of the car on retrieval from the ditch and their collection and assumption of responsibility for the insurance company.    unclebulgaria67, I struggle to easily write concise, to the point posts.  I thought that my initial post was already too long and wordy so tried to keep it brief and to the point. I didn't write every moment of the accident the way I told the police or insurers because most of it would be a waste of your time as my innocence is not my concern. The other party fled the scene.  My immediate concern is my car being taken without consent, stored where it will accrue charges, get treated in any manner of ways because they assume its getting written off and dont need to look after it and then possibly taken to a car auction site where I will have to pay additional fees to get it back if it is declared a write off. I am also in increasing amounts of pain in my lower back and neck and ever increasing sense of injustice and foreboding.    I do not see how my original post could go 50/50 personally, but I am reading my words with the images I have in my head, so have taken your warning on board and will make sure I don't mess up on any other documents.    So as far as I know someone from Vizion who have been hired by Auxillis is going to assess my vehicle at some point in the future.  The form I filled in for Vizion said that an approved assessor would attend my house to assess if the car is worthy of being repaired.  My car is not at my house, why the discrepancy? I agree that it is likely that they are not going to want to repair my car, I think it is worth it, I know what I have done to keep it sound, but market value and the astronomical cost of repairs...  Which is why I am worried that my car has been pulled in to a scam against my consent. How much is it going to cost me to get it back when it could be sitting on my drive.  It is just being used to charge someone storage, then will go to copart and they will charge someone storage, then they will charge me a release fee and I will have to find a way to get it back to my house which will cost more money.  All when I repeatedly requested that the car be taken off the truck when it was outside my house.    I have advised Auxillis that I repeatedly requested my car be taken off the tow truck outside my house and was not listened to.  I stated that I was left feeling that my car had been taken without my consent and was not provided a valid reason for them keeping the car.  I want to know where my car is, why it is there and would like it brought back to my house to await their assessor who already thinks the car is at my house.  Sorry bankfodder i forgot to ask who authorised it, but i will ask. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
  • Recommended Topics

David Lloyd/major Law claimform - £900 'couples' gym membership arrears from 2018


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 207 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

3. I emailed DL to state ' can I speak to someone regarding my membership'. With DL you have to email any request or put a request through the DL app. Then they contact you within 3 days and provide a case reference number. Then a person from DL membership team called me and I verbally advised them I was in financial hardship. 

4. When I tried to cancel my membership they stated I could not cancel if it was frozen so I reactivated it. I gave formal notice to cancel my membership May 22 and paid £345 on 31st May. Then advised I need to pay a further three months as a notice period. 

5 and 6. My communications were mostly by phone. I did send an email to DL around May 22 disputing the membership period and that I felt misled about cancellation process. I do not have a copy of this email. 

I made two payments to ARC on 1.11. 22 and 1.12.22 of £100 on both occasions. 

ARC contacted me June 23 to ask why payment arrangement had failed. I advised ARC that I was in financial hardship due to changes in my employment. ARC agreed a payment plan of £38 per fortnight June 23. I failed this plan due to emergency car repairs.

Link to post
Share on other sites

Answer Q 7 please 😎

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

DL has added £116 for late payment fee back in 2022. The original debt was for three months membership which equals £780. 

I completed SAR and DL came back to me with correspondence. I have pasted correspondence re membership in attached word doc and record of payments. Hope this helps. 

SAR - DL.pdf

Link to post
Share on other sites

those terms are really not fair.

they cant do that. 

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

made sure we have everything in one mass pdf please

might be better to read our upload guide and the websites listed there too.

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 Blossom,

In their email of 15/11/21 DL say "as you are in your initial term period, we would not be able to cancel the membership at this
moment in time, your earliest leave date is 01/04/22" .

You started your thread saying the m/ship began in 2018 so please confirm the m/ship start date and the initial minimum term you signed up for.

They invited you then to confirm about possible illness, relocation or job loss yet I can see no  mention from you of hardship (it didn't have to be a complete job loss). Did you tell them about hardship you were experiencing  ?

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

Sorry my initial thread stating 2018 was an error. My membership started 21.08.2020. DL have sent me all correspondence via excel spreadsheet so I will try to  redact and convert to PDF at some point tomorrow. 

I have done another quick scan and these are the only communications where I have mentioned finances. 

2.6.21

Comment: I have been unable to pay my direct debit on time this month due to emergency outgoings. I will make payment on 13th June

4.11.21

RCB1= Incoming call - member wanted to advise she will make the outstanding payment on the 15th of November due to an work error not receiving full salary.

Member has been advised as long as the payment is made on the 15th there shouldn't be any issues getting in the cllub

8.1.22 Optimus added a note:

08 Jan 2022, 9:03 PM GMT

Member Telephone:

Comment: Membership  i will be paying this months installment on 20th January. I've been off work due to covid and therefore not been paid. Ive reinstated the direct debit.

Link to post
Share on other sites

Sorry my initial thread stating 2018 was an error. My membership started 21.08.2020. DL have sent me all correspondence via excel spreadsheet so I will try to  redact and convert to PDF at some point tomorrow. 

I have done another quick scan and these are the only communications where I have mentioned finances. 

2.6.21

Comment: I have been unable to pay my direct debit on time this month due to emergency outgoings. I will make payment on 13th June

4.11.21

RCB1= Incoming call - member wanted to advise she will make the outstanding payment on the 15th of November due to an work error not receiving full salary.

Member has been advised as long as the payment is made on the 15th there shouldn't be any issues getting in the cllub

8.1.22 Optimus added a note:

08 Jan 2022, 9:03 PM GMT

Member Telephone:

Comment: Membership  i will be paying this months installment on 20th January. I've been off work due to covid and therefore not been paid. Ive reinstated the direct debit.

Link to post
Share on other sites

From what I understand, you've not specifically told them you want to cancel due to hardship and you agreed to catch up with missed payments and freeze the m/ship(s). If I've missed something, tell me.

The other angle here you may be able to use is DL's greedy requirement for 3 month's notice even though you signed for a full 12 month period, not a shorter or "Rolling monthly, cancel anytime" contract.

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

Looking at this objectively, DL mentioned 3 times they could consider immediate cancellation on certain grounds (illness, relaocation or job loss) on 16/3/21; 15/11/21; 25/4/22, but you never took the chance to cancel on grounds of financial hardship.

So as per my my last post, I think your defence needs to focus on DL's greedy need for 3 months notice to cancel.

Q. Have they tried to charge you any months they were closed due to Covid ?

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

Excellent, so even if a judge rules against you, you can avoid a CCJ damaging your CRA data.

We'll help with the defence but shout please if we get to within 5 days of the defence due date.

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

  • 2 weeks later...

So ML are going to send you the membership agreement when they get it and are willing to agree to an extension of 14 days, to file your defence, from when they supply this.

I'm not sure if you need to delay filing the defence but I'll come back in the next 24 hours .......

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

it changes nothing

you do nothing

was it an email ?

exactly the same letter sent to the other of these claims too  here today.

 

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

 The following defence is what I have drafted for Pdiidy on a similar claim .

Proposed defence Pdiddy David LLoyd.pdf

You will have to edit adapt points of cancellation within the intro as I believe you asked for the membership to be frozen  rather than cancelled.

 

Regards

Andy

  • Like 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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

have you heard anything?

mcol claim history last entry still your defence filing?

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

Letter received 18th September from HM Courts. 

"I acknowledge receipt of your defence. A copy has been served on the claimant ( or claimants solicitor). The claimant may contact you.... If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. 

Where he wishes to proceed, the claimant must contact the court within 28 days of receiving a copy of your defence. After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order of lifting the stay."

 

I have not heard anything since. 

 

 

Link to post
Share on other sites

mcol?

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...