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lots of contracts are exactly the same, i'e telecom ones, you stop using the service because you move home or stop using a broken mobile and they try and bill you for the rest of the term when you weren't or can't even use it- sighting some kind of authority that this is a cancellation fee or clause. It's not it's an unlawful penalty clause, and even OFCOM have ridiculed the practice. Gyms are much the same, spouting all kinds of supposed authority to charge such sums, when in all truth, offering ONE month membership might only ever be the necessary thing to do because you might not have given them 30days notice of wanting to leave them.(which you did) and even when you offer that ...they refused..so you ignore them. -
Thanks to all. Here is the VCS contract. vcs contract_compressed.pdf -
By MrSnuffles · Posted
Agreed. I don't have an issue with paying for a service at all. The ussue for me is that the contract could in theory tie me in to them for years. I am not sure if this type of thing occurs in other areas of consumerism? It could be quite unique to the fitness industry. -
scary letters from Control Account Plus next then even more scary letters from a DCA a DCA is NOT a BAILIFF and have ZERO legal powers on ANY debt - no matter what is type. dx
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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 Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
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I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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