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    • 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.  
    • Hi all,   I'll try and summarise this mess briefly.   I have approximately £45,000 in credit card debt from the UK. I moved abroad a number of years ago (outside of EU). Up until now I was making minimum repayments, and had never missed a payment. It's got to a point where I can no longer continue making the payments, and I never told them of my address change (the address listed is my last UK address, which is my parent's home). I was basically using one of the cards with money available to pay off the other minimum payments using Revolut, and now of course i've run out of money. I have no spare money available, nor anyone that can help, so I believe my only choice of action is to stop paying. My CC accounts are with Lloyds Group, Tesco & HSBC.   From asking a different forum, my understanding is that if I do not intend to make payments I should cancel the direct debits first of all, then eventually all the accounts will default. I also was recommended to send letters with proof of postage to the creditors regarding my address change so they don't hound my parents, and have my correct contact info. I managed to find the address to use for Lloyds & Tesco, but I cannot find a postal address for HSBC anywhere. Is anyone able to help me with that please?   To answer some questions, I don't plan to return to the UK anytime soon. I don't have any assets in the UK, my bank account that had the direct debits is not connected to the creditors, does not have an overdraft, and the only money that was in there was to cover the payments. Also, I've been out of the country longer than the amount of time bankruptcy would be an option. I'm not particularly proud of what i'm doing, but feel like the only option is to have a fresh start from the worry of my UK debts.   Does anyone have any advice, or suggestions on my plan, and if i've missed anything? When the phone calls/letters/emails start should I respond/respond in a particular way/ignore? I guess at this stage without missed payments, this month will be the 1st time anything is noted, so i'm not sure when the messages will start.   Thanks for your time.
    • But I was fighting this claim thanks to you lot and your help last year. I genuinely don't know what happened to the court papers or the LBA that preceded it, and can only assume that it defaulted due to my having returned one envelope unopened back to ELMS Legal that maybe contained the LBA etc. A costly lesson although I'm inclined to just ignore it and swallow the CCJ for 6 years rather than give them a penny!
    • thats the defence you would have filed had they not scammed you by purposefully getting a backdoor ccj to an old address, when 1 min free search of your credit file they could have found your correct address for the date they filed the claim,    and thats what you will put on your N244
    • thats why simple simon bumps up any court claim with fake unicorn food tax costs so its the same as set aside cost. makes people think exactly like you do. 
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    • 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.
       
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Breach of Confidentiality?


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This isn't about a claim but I thought I'd better put it in the HSBC forum as it concerns them.

 

I applied for a Basic Account with HSBC. Not only did they get funny about the charges they noticed on my NatWest statement which I showed them for id purposes, telling me the application would need to be 'referred' because of them (that's out of order anyway, isn't it? Surely sight of statement is purely for id purposes and they are supposed to do a credit reference check to decide if the application should be accepted?), but they phoned to ask me for a second look at my passport. Quite apart from any question about why that should be necessary (don't they trust their photocopier?), they spoke to my partner and disclosed that the call was about an account application, the account was being set up and the bit about wanting to see my passport again. Surely this breaches some kind of rule about confidentiality. Anyone got any experience of similar and what did you do about it? :eek:

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Hmmm - it all sounds fishy, but the bit about speaking to your partner is in direct contravention of the DPA. Even if your partner is your wife, even if the bank knows this, and even if you have given authorisation (apart from acting as advocate in case of disability) - the bank is still not allowed to discuss details of your account with your partner...

 

I suppose it is too much to expect that the call was recorded...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No it wasn;t recorded. Pity. I suppose I could write to them asking them to verify what they said in their telephone call to my partner and, of course, she could confirm it all but they would probably argue that she's lying.

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Well, you could write along the lines of:

 

"...further to my conversation with you on [DATE], and your subsequent conversation with my partner on [DATE]...the points are X, Y and Z..."

 

You never know, they might slip up and put the conversation in writing...give it a shot.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Just wondering, what do I do if they do slip up and admit it? Haven't got an account yet so no charges to claim back. Sue them for breach of confidentiality? I think that makes me as bad as the banks are, just trying to cream whatever I can out of them. I know it's probably no less than they deserve but I'd be happy with a simple apology.

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Haven't got an account yet so no charges to claim back. Sue them for breach of confidentiality?
That is not really the point. In applying for an account you will have provided the bank with certain personal details. I managing/controlling these details the bank is subject to the DPA, and the very strict rules regarding the dissemination of those details. Sharing, or even verifying, the details with an unauthorised third party is strictly against those rules.

 

For that reason alone I would not proceed with opening the account with the bank...However, if you can get written confirmation that this series of events took place, then that would definitely need raising with the Information Commissioner.

 

Personally I think you should write that letter, if only to get a written rebuttal of the events. Anything more than the rebuttal is a bonus...:roll:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 10 months later...

Time for an update. This account was mysteriously opened without any further requests for second sight of id etc and I decided to use it and overlook the transgression. Everything's been fine until a couple of dds were presented and returned (my fault - extra funds went out) but I paid money into the account to cover it and all was ok - until last week. They sent me a letter saying they were closing the account because of one of these returned. I wrote to them telling them I was disappointed, inclduing the following paragraph:-

 

I think that, in view of the fact that somebody from the bank phoned my partner and divulged confidential information before the account was open, a serious breach which I chose not to follow up, you might exercise the same leniency as I did at the time.

 

It will be interesting to see what they have to say about that - absolute denial I expect, but my partner remembers it all very well. Anyway, I'm taking steps to open another account elsewhere just in case.

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Guest NATTIE

Why are they closing the account because of 1 returned item on the account, that is a bit odd. In relation to the first bit, as i missed the thread the first time, on a technicality the answer is yes re dpa breach unless your partner was aware of the new account being opened. The reason being is say you had a joint account, and you may have had extra curricular activity with someone else and was planning to leave her, the fact that you were opening another account elsewhere, could have lead to suspicions. Ok, i know this was not the case but depending on circumstances then yes a breach may have happened. However, account closure based on 1 oversight is a bit harsh to say the least

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Actually, there were a couple of previous returns but I sorted them the same day. I did get a letter threatening to close the account if anything else was returned and, fair enough, it was. My point is, if they don't meet me half way I might reopen the point about confidentiality breach just to be awkward. Stuff 'em.

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  • 1 month later...

If it we me...I'd have em hung drawn and quartered, then the bits burned, boiled and then I'd jump up and down on them until I couple think of something more horrible to do with them.

 

With that out of the way, I'd play a game of wait and see. IF they close it then go after them on the breach, if not, save it as further ammo for a later date :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Here's the letter going to HSBC informing them of my intention to lodge a formal complaint:-

'Dear Bungling Incompetents (not really)

As I have had no response from my previous letter and as the bank has seen fit to close my account despite all I have no alternative but to lodge an official complaint regarding the serious breach of confidentiality whereby somebody from the branch telephoned my home and, without asking for any form of id and despite the fact that it was a woman’s voice on the phone, divulged information to my partner in the form of telling her that I was opening a bank account and they needed to have sight of my id.

I decided to let this pass at the time but as you have stuck to the letter with regard to closing my account I feel it only fair to return the favour by reporting this breach to the relevant authority. My partner will verify that she received the call if and when it becomes necessary.

In the meantime I would be obliged if you would let me know what the bank intends to do by way of apology for this totally unprofessional behaviour.'

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Nothing yet - although I called at the branch yesterday to collect the money left in the account when it was closed as was told that my account had, in fact, been 'upgraded' to a savings account and there was around twelve quid in there. No comms in response to my letter however.

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  • 4 weeks later...

The expected letter arrived telling me about their 'full review of branch records' which revelaed no record of any such call and how they follow strict guidelines and so forth. They are confident that correct preocedures were followed and there was no breach of security. Cobblers! They hope that the matter has been rsolved to my satisfaction (presumably by them telling lies - Yeah, right!)

 

Here's a copy of what I'm going to send by way of reply. Any comments very welcome:-

 

'Thank you for your reply to my letter of ** ** ****. I appreciate that you have investigated the matter but I’m afraid that it is simply not good enough.

How the matter can be resolved to my satisfaction when you have completely denied what happened and virtually branded my partner and I liars I cannot begin to imagine.

When I applied for my account it was a spur of the moment decision and I told nobody, except, obviously, the person I spoke to at the branch, that I was opening an account. Can you explain, then why it was that I arrived home to be told by my partner that HSBC wanted to see further evidence of my ID in order to continue with my application. She does not have a crystal ball and, although she has watched the occasional episode of Most Haunted, I don’t believe enough of it has rubbed off on her to explain such a phenomenon.

We cannot be held responsible for the inadequacies of your procedures and record keeping. Please indicate what you intend to do by way of apology for this transgression within 14 days or I shall report the matter to the Information Commissioner.

I am aware that this is the word of two ordinary people against a large ‘respectable’ corporation but I have no intention of letting it drop. I am not after any financial gain. I merely want an apology for 1) Your breach of confidentiality and 2) Your implication that we are liars.

Yours faithfully...'

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  • 11 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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