Gym is taking me to Court

[MSSUFFERER]

You have acknowledged the claim with intent to defend havent you ? When is your defence due ? ( 33 days from date of issue printed on the claim form)

Yes. I have acknowledged. I sent that off two days ago. Issue date was 19th June, so 33 days after that, the defence would be due.


Will give you a hand to draft something xx

Thank you!

I think DL are fibbing on the SAR - they MUST have more data on you as they are taking you to court ffs... and they've already supplied a copy of your application ( which funnily enough contains data) .... will think on a response to that and a nudge that non compliance will result in a complaint to the ICO.

You may be right...

[Aishwarya11]

I will suggest you to, check a list of Lawyers and Advocates and consult for a good one.

[MSSUFFERER]

I cant afford a lawyer. I'm ill and off work long term.

[MSSUFFERER]

Amethyst, can you please help me draft sometthing for the defence?

[Amethyst]

Will do - got to take son to college and get someone's witness statement sorted then I'll get on this this afternoon xxx Apologies for Aishwsra - seems to be a Spammer.

[Amethyst]

Starting point....


1:

Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

2: The Statement of Case is extremely vague and does not identify the services rendered, nor any calculation of the sums claimed. The Defendant is embarrassed.
3: It is denied that the Defendant is indebted to the Claimant for the sum of £944.63 or any sum. No breakdown of the sums claimed has been provided.
4:The Claimant is a provider of gym and leisure facilities.

5: The Defendant is a Consumer within the meaning of the Consumer Rights Act 2015, Paragraph 2(3).
6: The Defendant lives with Multiple Sclerosis. ( and …. etc )
7: The Defendant visited the Claimants premises on 30th June 2018 with a view to taking advantage of a special offer to trial the pool and gym to see if it assisted with their health conditions.

8: The Defendant made very clear to the Claimant's representative their intentions and requirements.
9: The Defendant signed an agreement to pay £82 a month for membership of the gym and access to the Claimant's facilities.
10: After attending for 2 months the Defendant's health conditions worsened considerably and

subsequently rendered them partially sighted and unable to use their hands.( sorry you might want to work on the terminology here ) and was no longer capable of attending or using the Claimant's facilities.

11: The Defendant informed the Receptionist at the Claimant's Premises of the issues and that unfortunately they required to cancel their membership.
12: The Defendant has a copy of the Claimant's terms applicable to the contract which state "You can end your membership early under the following circumstances....You suffer a medical condition which means you are unable to use the club's sports facilities" and "your membership will end on the last day of the month in which we receive your notice"
13: There are no terms requiring cancellation be in writing.
14: The Defendant had made full payment of £82 a month for 3 months and considered the contract at an end.
15: The Claimant has not given a breakdown of the amounts claimed and the Defendant is uncertain how they have arisen.
16: The Defendant feels they were mislead into signing a contract for a period longer than required when they had attended originally wishing to have a trial to see if the facilities were appropriate for their needs. They were assured they could cancel if the facilities were not appropriate to their needs.
17: The Defendant cancelled and paid in full for the period to the last day of the month in which they cancelled.
18: The Defendant sent a Subject Access Request pursuant to the Data Protection Act 2018 to the Claimant however they failed to provide all the data held. This is now subject to a complaint with the Information Commissioners Office.(you should report the SAR response to the ICO )
19: The claim is denied.

[MSSUFFERER]

Amethyst, thank you very much for taking the time to draft that excellent defence. I have today submitted the defence online. Fingers crossed. I will let you know the outcome.

If I win this, I owe you one! You are brilliant..

[MSSUFFERER]

I will suggest you to, check a list of Lawyers and Advocates and consult for a good one.

Get a life. Saddo.

[Amethyst]

Well it's not guaranteed to work but gives them something to think about - let us know when/if you hear back xxx

[MSSUFFERER]

Hello

Ive received a letter from the court manager, acknowledging receipt of defence.
A copy is being served on the claimant
Claimant may contact me directly to attempt to resolve any dispute. If dispute cannot be resolved informally then claimant will inform the court he wishes to proceed. Court will then inform me of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of my defence.

After that period as elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[Amethyst]

Once the claimant has replied you should get a directions questionnaire through from the court. If you haven't heard anything in five weeks then just give the court a call and ask them what the status of the claim is. Let us know if you receive anything else from the claimant.

[MSSUFFERER]

Hello Amethyst

Thank you. Will let you know when I get anything from either the court or DL/DL's solicitors.

[MSSUFFERER]

Latest. I received a letter fro DL's solicitors enclosing a copy of their letter to the Court to say they wish to proceed with the Claim.

[MSSUFFERER]

Have now received a Notice of Proposed Allocation to the Small Claims Track from the Court.

I must, by 2 September, complete for N180 (small claims directions questionnaire) and file with the Court and serve copies on all other parties.

They have also offered mediation. They say its a free telephone mediation service designed to try to settle without going to court, therefore saving time and money.

Any advice would be appreciated. I'm away from Thursday 29th so will need to decide what to do by Wednesday. What is my best course of action please?

[Amethyst]

https://legalbeagles.info/library/gu...uestionnaire//

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


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