Hi Joeshua, At least for a few weeks, let the emails come through so you can see who is doing what.

Hi Joeshua and welcome to CAG Your situation is the same as most others here - Harlands make a pittance collecting gym fees monthly so they try to boost their income charging unlawful penalty fees. I would pay them nothing - they'd see this as a sign of compliance and weakness. If they want to charge penalty fees as well as monthly fees, you have good reason to simply ignore them for now. Let them send you all the emails they want - just don't reply to them for now. Keep us posted though.

Hi DRip, Interesting - in over 15 years of CAGing, I've never heard of that requirement by the PO Counter. On Certs of Posting I've been given, it omly confirms the recepient's address/postcode. In any event, it doesn't matter at all. As long as your letter is sent off, the ball is in DL's hands and come back to us when/if they reply.

Yes, send that letter now by post. Probably ignore but let us know what comes back.

Dear sir or madam, I am now aware of the High Court rulings concerning gym memberships. When I was made redundant you should have allowed me to cancel the membership without conditions. You had no right to demand sight of my P45, nor was I obliged to to freeze the membership insteat of cancelling it. In the circumstances, I will pay you nothing more. Further demands from you and anyone instructed by you will be ignored but may be reported to relevant regulatory authorities. Yours faithfully, Print and send this by post to the gym. Get a Free Certificate of Posting at the PO counter.

Hi Drip, If you came to us earlier, we'd have told you to tell DL to do one !! When you were made redundant, you had no need to send them your P45 and you had every right to cancel the m/ship immediately. You had no need to play by their "rules" and can offer them nothing at all, based on their (or ARC's) demands for more than you ever owe. Put your draft letter here before you offer to pay any more and don't worry about Major Law - they can be safely ignored !!

They said 3 to 5 days so maybe wait until after the weekend to see if they've sent you more info about the closure and how to get your money back.

Excellent and thanks for the update

Hi Schipoo, You're pretty lucky with the judges decision. For future reference, any submission to the court/tribunal or to HMRC should always be copied to the other side at the same time.

Hi Schipoo, In my penultimate post on 18th May, I said - "File and Serve to the Tribunal and to HMRC respectively. Did you send your submission to HMCTS and to HMRC, or only the latter ? Or do these Directions refer to your submission to HMRC (but not HMCTS) on 17th March ? In any event, this is good news, albeit pretty late.

I've been through the submission and there's really nothing new. I'm not particularly worried about what HMRC have now said. There's no counter-reply needed now - it's down to the hearing on the day and for the judge to decide :- 1. If the FTT even has a part to play in the appeal process and..... 2. If it does, how this will be moved forward. Dixon, I suggest you go through each point made by HMRC and make brief relevant notes as necessary. HMRC's submission is clearly written for their own success, and for your failure. It's now down to you to have your counter arguments ready to use if you're given the chance at the hearing. For example, point 16 - HMRC seek to use what was written in texts to show you were involved in the reclaim process. I suggest this simply shows how FTR were trying to bamboozle you with rubbish and keep you away from your HMRC portal. Also, they continue to refuse to address the issues you raised about HMRC repaying tax with no checks about the alleged EIS company or the relevant investment certificate. There are many points you should have ready to argue so get working on this.

As said above, you have the right to challenge the closure, as well as any CIFAS marker that affects you. You have the right to put fwd your side of the story. As said before, given the circumstances, I doubt you'll be able to influence the bank's decision to close. If a CIFAS marker appears, you can deal with that as you see fit in due course.

Hi Help, You need to keep track of your Credit File to see if a CIFAS marker appears. If it does, you have the right to complain to the bank about the marker but I suspect you'll be unsuccessful in having it removed. What you did was foolish. It's one thing for YOU to dabble with FX but taking someone else's money hoping to make money for them is entirely different. Your explanation to the bank is different to what you've told us and you should learn from this episode - like not to risk a friendship by borrowing/lending money and not to involve others in speculative investing.

Hi Schipoo, Given the amount of tax that was repaid as a result of the EIS claim (almost £17,000), I'm surprised it's not double that amount per day. This is a risk you take in not paying anything back yet. In the grand scheme of things, the accruing daily interest is a minor factor.

@Rob Carr - Please use your own thread to discuss issues - commenting here makes an already-long-thread even longer and harder to follow. Thanks. Dixon already has a CCJ against FTR but no way to enforce it, despite efforts. I'll take a full look at HMRC's submission tomorrow and come back.

Hi Luthien. Send a letter to them by post quoting your Membership Number :- Dear sir or madam, I need to cancel my gym membership and now offer to pay you one final month's fee. I will not pay any late or penalty fees - I'll only pay the membership fee which was not paid by my bank by DD, plus one final fee for the cancellation period. If you accept my offer to pay the 2 month's fees totalling £ xx.xx within 14 days, I will pay this to you if you supply the necessary bank account details and a payment Ref No. If you fail to accept my offer, I will pay you nothing and will ignore further demands from you. Yours faithfully,

If you'd read Schipoo's thread, a PDF was posted on 24th May - it was the FTT's decision dated 22/4/22 to Strike Out Schipoo's appeal and included the comments of Judge Vos. After Schipoo lodged an objection, HMRC agreed to NOT object to the appeal being re-instated.

Hi Brad, Para 14 relates specifically to Schipoo's case so you omit that but use para 15, ne-numbered to 14, of course. Just make sure all that you use is relevant to YOUR case and not simply copied from other threads.

Hi Brad, Go through the submissions made by Dixon and Schipoo. Tailor your submission to the court to reflect your own case and the points that HMRC have made against your appeal. Stick to the deadline to submit to the court and to HMRC.

Brad, I assume you received this communication from the Court Service but please confirm exactly. You said earlier, " HMRC have applied to have your appeal struck out, copy enclosed, " - Can you please let us see the copy of HMRC's Application. I'm not sure yet if a written submission is best, as opposed to a video hearing, or a face to face hearing. We first need to see what you've received ...........

No Probs Brad, HMRC have to apply for the Strike Out - they can't apply one themselves. It will be considered by the First Tier Tribunal of the Courts Service.

Hi Brad, Yes, always post on your own thread - we'll see your post and it avoids hijacking other threads. You have good examples of HMRC seeking to have tax appeals Struck Out on Schipoo's and Dixon's threads. They include content and format. You need to go through each thread carefully and adapt what you find to properly reflect your own case and circumstances.

Hi Schipoo, Let us know when further Directions are made by the Tribunal Judge.

Hi Sopwith, If bank accounts are in joint names, transferring them to your mother's sole name should be straightforward. Each bank concerned will probably need sight of an original Death Cert before the account names are changed. You need to check with Land Registry on how the joint property was held. If it was owned by YP's as Joint Tenants, you can apply to Land Registry with the transfer application and Death Cert to have the ppty put into YM's name. Check first by looking at the Land Register (£3.00 I think) to see how it's registered.

Hi DM and a belated welcome to CAG Technically, you signed up for 12 months and could be held accountable for those payments. Plus Bannatynes may also say you have to give 3 months notice to quit making 15 months they want. In reality, we've seen many threats of action to enforce the contract but they don't follow through at all. If you feel unable to continue with the m/ship due to your change in finances, you don't have to produce anything to B's and they have no right to demand this. Have you decided what to do yet and have you written to B's ?