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Gym is taking me to Court

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  • #31

    Say yes to mediation ( it's useful to have the option )

    Ok.. Will do. Thanks.

    Was there any response from DL or the ICO on the lack of data provided under the SAR ?

    no. no response.


    • #32


      I received a Notice of Transfer of Proceedings. David Lloyd's solicitors had asked for the case to be heard in Guildford which is pretty far from me.

      I asked for it to be heard at my home town. The case has been transferred to the Court in my home town for allocation (good news for me).

      This notice was dated 26 September. I will keep you updated once I receive a date. Have not received a date for mediation and this notice states that if i've not received a date as yet, then the team were unable to arrange mediation at this time.


      • #33
        Date has been set for hearing. Late June 2020. I have been asked to send the Court and the other side, any documents I intend to rely on in Court. Wish me luck. I will of course report back.


        • #34
          That's a bit of a wait isn't it.

          When do you have to exchange documents and witness statements by ?

          Also when is the hearing fee due to be paid?

          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
          Hetty Bower

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          Received a Court Claim? Read >>>>> First Steps


          • #35
            It is a long wait, indeed.

            Trial fee of 80.00 has to be paid by 4pm on 2 June otherwise the claim will be struck out.

            Any witness statements must be delivered to the court and the other party no later than 14 days before the hearing on 30 June.

            So I have since received a letter from DL's solicitors enclosing a copy of my signed contract. In the letter, they state that I did not give sufficient notice. They have also asked me to send them medical evidence surrounding termination period and any other evidence I intend to rely on, but they've not specified a date in which they need this by. So I will assume its, as the court says, no later than 14 days before hearing?

            I have a letter from my neurologist and can use that. . Should I prepare a statement as well? I don't have any witnesses.


            • #36
              Hello.* I sent solicitor proof of my illness by way of a neurologist report.* They got back to me to say they will ask for an adjournment in light of Covid 9.* They want me to agree to an adjournment.*

              Should I agree?



              • #37
                Originally posted by MSSUFFERER View Post
                Hello. I sent solicitor proof of my illness by way of a neurologist report. They got back to me to say they will ask for an adjournment in light of Covid 9. They want me to agree to an adjournment.

                Should I agree?
                No & do not even respond to the solicitor. Only follow the courts instructions. Stop communicating with the claimant or their solicitors.*


                • #38
                  Hello. Update. Have received Court Order telling me hearing on 30 June vacated.

                  Hearing to be by telephone at a later date. COURT wants me to email my telephone number within 7 days.

                  Court also encourages me to speak to other party to see if we can agree a resolution and if so, draw up a Consent Order. Court says Judge likely to approve.

                  Alternatively I can agree that Judge can decide case on paper without a further telephone hearing. Parties to each write to Court to confirm we agree to a paper decision.

                  What should I do?


                  • #39
                    Do you feel comfortable joining a telephone hearing? I would say it would be worth doing so in this instance because it will give you a more detailed opportunity to explain your health issues. I really can't see why they are pursuing this so far as it seems a fairly clear cut case of termination due to a health condition. You could draft a final letter to the opponents setting out the strength of your case and do they want to agree to withdraw the claim against you as it will be fully defended.
                    If you rely 'on paper' - this would mean no telephone call, just the judge deciding the outcome of the case based on documents submitted by each side, so you would be almost entirely relying on your neurosurgeons report to convey the seriousness of your health.
                    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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                    • #40
                      Thank you. I'm going to ask for a telephone hearing. I will keep this thread updated.


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