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    • Hi, I am aware there’s been few threads about this already but just wanted to confirm information on my case. I was with Village gym last year(2023) on initial 6 month usual contract they do, I lost my job and due to that I couldn’t afford to pay for gym nor I had any motivation to go to gym at that time so they sent me arc phone message in September 2023 that I owed them £140 so I paid them back on instalments in 2 months time.  Then I started receiving new years deals in December 2023 and I decided to give them a call but they never mentioned anything about 6 month contract or anything, only that it would be monthly rolling contract and I paid them for 2 months and then I realised both months they charged me £59 instead of £38 they offered me on the phone when I mentioned that I am still student, even though before I was paying £43 a month in mid 2023. I spoke to gym entrance lady and she said I should give a call to gym on the phone number so I did and whoever answered said they’ll pass my info to manager and he will give me a call back in 24 hours, of course no one called me back so I called again and they said same thing. And of course once again no one got in touch with me so I got tired of them charging me more than they should and decided to cancel my direct debit and stopped going there as I got new job with rotation shifts which is not good for me as I cannot visit gym after I finish at 10pm every second week.  And now in April I received arc message saying this :  Also they have my old flat address where I used to live. What is the  best thing to do for me please? Thank you!
    • Richard Holden refusing ro answer Jon Craig's questions in a Sky pool interview and his spad argiung about the questions. As Jon said, not his finest hour.  
    • CCA to debt purchaser pap reply to sols with copy of CCA letter included  all as per post 2 in letter of claim thread 
    • If I go to court to defend my claim and will will my licence be unrevoked automatically?
    • Does this mean my driving licence is void now? 
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    • 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 
      • 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
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Hello Paul!

You may also find the link below interesting.

 

http://news.bbc.co.uk/hi/english/sta...ts/credit1.txt

 

I think everyone should read that link. Very disturbing indeed.

 

IMO the "true copy" must be just that. The creditor must not be allowed to recreate agreements from their records. As we know Sparkie, records and accounts are easily manipulated.

 

I fully agree.

 

Cheers,

BRW

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Hello S!

 

So given I know that email never went out what does one do? - believe the legal people or ones own judgement and moral fibre? - I know who I trust.

 

 

I think this may be a good reason to always request the bankers produce Server Logs to substantiate if any such crucial emails were ever sent.

 

IOW, if you get advanced warning of a dubious email you know has never been seen before, make it absolutely clear that you never received this, and make it clear the opposition must produce evidence that the highly convenient email was actually sent.

 

I think the Civil Evidence Act 1995 is applicable, as this would be regarded as Hearsay Evidence, so would need to be supported with some Evidence to validate it. For example, Server Logs would be suitable Evidence to at least prove that an email was sent at exactly that time.

 

The Logs would show the Message being sent from their Mail Server to your ISP's Mail Server, and from there to your PC. The Byte Size of the Message should exactly match the size of the Message that was sent. These Logs should be supported via independent ISP Verification.

 

However, even armed with that, you'll probably still have to contend with a Judge who is as ignorant of IT and Email Servers as they are of the Consumer Credit Act!

 

The Barrister you were up against was using his/her greater Courtroom experience to pull a few strokes, that was all. It was a bluff that, sadly, you could not call at the time (few LiPs could, they knew that).

 

But, this is a very useful thing to hear, as it suggests that we should all demand that any crucial/pivotal emails being submitted as Hearsay Evidence, must be substantiated via accurate and independent Logs.

 

It would've been nice to see the Barrister's reaction if faced with probing questions about their abject failure to notify the Court in advance about this Hearsay Evidence, and their inability to explain the lack of Server Logs to back up the email's authenticity.

 

Then, by all means, let him/her swear under oath the email was genuine!

 

Bennion would not be a happy bunny.

 

I don't think Francis would be too happy at all. From what I gather, he is quite IT Literate these days. Here's his Web Site for a start:

 

Francis Bennion

 

Cheers,

BRW

Edited by banker_rhymes_with
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  • 3 months later...

But Sir Tom - who was paid £750,000 as chairman of RBS in 2007 - is likely to face probing questions from MPs on the Treasury Select Committee next week over the board's supervision of the crippled business.

 

RBS led a consortium which bought Dutch bank ABN Amro in 2007 at the very peak of the market, while its investment banking business was heavily exposed to the complex financial instruments hit by the credit crunch.

Sir Fred Goodwin - who led RBS on its acquisition spree before resigning in the wake of the first bank bail-out last October - will also answer to MPs next week. He has been replaced by former British Land chief Stephen Hester.

The Government stepped up its share of RBS in January after converting £5 billion in preference shares to ordinary shares, giving it a £20 billion stake in the bank.

Sir Tom said: "I wish Sir Philip and the board every success in this difficult financial and economic environment as they strive to restore the bank's prosperity."

 

Sir Philip added: "We are extremely fortunate to have the support of the UK Government and taxpayer as we restructure the group and we mean to repay that support as soon as is practicable."

 

Seems all the best edits these days are called Sir.

 

The Queen needs to run the next b*gger through with her sword rather than Knighting him with it.

 

That's another thing the bankers have tarnished...it seems all that they touch these days turns to poop, eventually.

 

Cheers,

BRW

Edited by slick132
Please avoid libellous remarks
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  • 11 months later...

Hello Paul!

 

How do I post the OFT guidance pdf "image" on to my thread?
Just start a reply, but hit the Go Advanced button rather than the Post Quick Reply button. This is because the Go Advanced menus include a Paper Clip Icon, which is not available when drafting a reply via the Quick Reply menus. Once the Advanced menus are visible, use the Paper Clip Icon to upload the PDF so that it can be added to the Post.

 

I'd advise doing a pre-view of the Post to make sure it appears as you intend, i.e. to make sure the PDF appears OK and that it can be opened from the Post. Then, if all OK, Post the reply.

 

That should do it.

 

Cheers,

BRW

Edited by banker_rhymes_with
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