David Lloyd/majorlaw claimform - £985+ membership fees debt

[AndyOrch]

Afraid so but we will have the defence ready to go by the 18th

[Pdiddy2023]

Thank you 

[Pdiddy2023]

Still no response from major law. 

[dx100uk]

good

dont miss defence filing date

dx

[Pdiddy2023]

What defence am I filing?

Have I got the date correct for the 18th.

Happy to submit at any time now 

[dx100uk]

the guys are working on that .

dx

 

[Pdiddy2023]

Massive thank you. 

[Pdiddy2023]

Response received 

Case Number *******

David Lloyd Leisure Ltd v Yourself Current balance with costs and interest £****

DMS ref *****
I have instructions on your recent letter to my firm.

In this regard:
After numerous messages to you without response, my clients agents ARC (Europe) Ltd sent a letter of demand to you on 25th October 2022.

In default of reply, my firm sent a letter before action to you dated 8th November 2022 to which again there was no response.

My firm then sent a Pre Action Protocol letter to you dated 26th June 2023. Again there was no response.

Consequently I issued the present proceedings against you on 15th August.
In respect of the points you have raised:

The contract is not regulated under the Consumer Credit Act and therefore there is no form of default notice.

However there were letters sent to you by Arc (Eurpope) Ltd, plus my firms letters referred to above. We shall produce these to show that requests for payment were made and that you failed to respond. .

I note your request for information. Had you raised this request by way of compliance with the Pre Action Protocol letter dated 26th June 2023 by returning the form attached to that letter, we would have provided it and proceedings would have been deferred to consider what your dispute/defence is.

As you did not respond to that document, proceedings were justifiably issued and costs incurred.

I am now obtaining the contact details from my clients and will forward them to you on receipt.

 3. There has been no assignment of the debt; as has been explained in correspondence, Arc (Europe) Ltd act as agents for David Lloyd Leisure Ltd to whom the debt is owed.

4. Thank you for quoting the CPR rules of which I am aware and with which we will comply.

If it is your intention, you should file a notice of intention to defend as soon as possible if you have not already done so.

We are willing to agree to a short extension of say fourteen days from when we provide contract details for you to file a full defence.

You may wish to consider taking legal advice.
Yours sincerely
David Major

[dx100uk]

nothing you need to do.

defence next.

dx

 

[Pdiddy2023]

Is this a new tactic or usual practice from them?

[dx100uk]

its not a tactic its just a simple reply to your cpr request not complying with what you requested

well they'll have to do so by the time of the hearing. if they dont bottle it before then and discontinue.

that wasnt by email was it?

as for the 14days, you get that anyway when you did AOS , 

 

[Pdiddy2023]

Yes it was via email. Just checking I have the date right for submission of defence as the 18th September. The claim was filed on the 17 August?

Question do I have to attend court or is it dealt with online?

[dx100uk]

answer unknown.

could be a telephone hearing,

could be a webex video hearing, 

i would suspect though it will be an in person one, but its nothing like you see on tv, 

you basically sit around a table 

that is if it ever gets that far.

just remember this is a totally speculative and neither the claimant or their dogs have any expectations of winning just hoping people will wet themselves and not defend and they win by default.

the other like thread has had exactly the SAME WORDED LETTER.

you need to write to ML stating email is not to be used for any communication in relation to our mutual claim number xxxx.

else they'll file important documents even faked ones 1 min before a court deadline removing your chance to counter them

[Pdiddy2023]

Thank you. Will I need a solicitor to accompany me or will my defence provide be sufficient 

[slick132]

Hi PD,

You don't need a solicitor. You can present your own case easily enough if it comes to that but you're getting ahead of yourself for now.

If you've not already done so, please send DL Head Office a SAR immediately - the Comms Log may help you in defending.

Earlier you said, "Sadly not, it was cancelled via a phone call and cancellation of my direct debit". Please confirm, as best you can remember, exactly what you said to them about your reason or need for cancelling AND what they said to you in reply.

DL's Comms Log may tell us more about this but please tell us your version.

[Pdiddy2023]

The company I was working for was going down the pan and I had to move jobs and take a significant pay cut.

My salary went from 48k to 35k I can show this from payslips.

Since I left the workforce at that company has reduced from over 40 engineers to a handful.

I told David lloyd I needed to cancel but they simply told me I was still under contract.

I explained the situation and told them I would be cancelling my direct debit and this was call was notice of that.  
 

I will contact major law saying that i do not accept communication via email and require all correspondence via post only. 
 

I will also contact David Lloyd head office and request a SAR

 

Thank you all the help is greatly appreciated 

[slick132]

Send SAR today by email.

Can you recall if you specifically mentioned financial hardship, significant drop in earnings or anything similar.

[Pdiddy2023]

It was mentioned at the time. Problem is it was all via a phone call. I’ll email today and ask for a SAR

 

I do recall them offering a pause but as I explained that was simply kicking the van down the road 

 

SAR requested via email 

[AndyOrch]

Proposed defence make sure the details are correct and you are happy to submit. That's all is required as an initial response and we will see if they wish to proceed to allocation and challenge the OFT/High Court findings

Proposed defence Pdiddy David LLoyd.pdf

 

Regards

Andy

[Pdiddy2023]

Thank you i will file the defence tonight 

 

Defence submitted. Thank you all. Watch this space 

Proposed defence Defence

1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant Accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. Paragraph 1 is denied. I have in the past held membership with David Lloyd Leisure Ltd which was cancelled by telephone on or around August 2022 and paid up until this date. The balance of consideration refers to advance notice fees not arrears in which the claimant has suffered no loss. This has previously been determined in High Court by The OFT 2011 in which the court found the charges to be unfair within their own Terms and Conditions pursuant to Consumer Protection from Unfair Trading Regulations 2008 and therefore unenforceable.

3. Paragraph 2 is denied for the above reasons and therefore prevented from claiming section 69 interest. Furthermore the claimant is prevented from reporting adverse debt information to the various relevant Credit Register Agencies.

4. A request made by via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

5. It is therefore not accepted with regards to the Defendant owing any monies to the claimant and as per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to any relief.

[Pdiddy2023]

How long can we expect to wait for a response?

[dx100uk]

they have 28 days (ish) to do something.

the court will write acking your defence filing, read the letter carefully

dx

 

[Pdiddy2023]

I still haven’t heard anything back. Defence received on the 15th sept so 28 days by my reckoning is next Friday 

[dx100uk]

its not an immediate autostay

start cheering in about a month.

keep checking mcol (stay will not not show) for dq  n180 entry if ever!

dx

[Pdiddy2023]

Got you. So if they fail to respond it may not even show. You can just assume after a month that they have given up?