I have been expelled from my local Working Men's Club within an hour following an AGM, where I was asking questions relating to the running and administration of the Club. I have been a member for over 30 years and have not breached any rules of the Club in question. This is the act of the Secretary alone, and is a personal vendetta against myself. I wish to sue for breach of contract as the model rules show the procedure that should have followed by the Club, but were not. The Secretary says the only rules of the Club are "His Rules"! I have received no letters, had no meeting with any Committee members or any other Officer of the Club. I have sent numerous letters questioning his breach of the constitution but have never received any response. The last letter threatening legal action was pinned on the notice board for all to see, showing my personal information. I have found a couple of precedents that mirror my situation and would like to gain information as to the best course of action.And is it possible to sue through MCOL - although its not money I am after, I just want back my membership. I believe he has acted Ultra Vires and has exceeded his powers and that of the Club. Any advice will be greatly received.
Working Mens Club Ltd
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Oh dear - is this a new secretary ? or someone who's been involved for a long time and that you generally don't get on with ??
Are there specific issues you raised with regards the activities of the club ? Do other members have similar concerns ? On what grounds have you been threatening legal action ?
Do you have a copy of the clubs terms of membership ?
Are they a member of the CIU ?
#staysafestayhome
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He is long established and runs the Club like it is his own Club! I have a copy of the model rules of the Club and am happy to forward them to you. Here is my last letter to him sent last week, and promptly displayed on the Board outside his Office to which I have had no reply.
Ref: Goldenhill Working Men’s Club Ltd.
Mr Secretary,
I refer to my meeting with you in your office directly following the AGM on 24 March at 10.30 am. As you are aware you did not give me permission to record the meeting, but allowed an independent witness to sit in.
Here you promptly expelled me from the Club for personal reasons.
No Club Rules have been broken by me and I have not been involved in any swearing or violent or threatening behaviour, nor did I question you on anything that was out of the ordinary for an AGM, where people have the right to ask questions openly and should in return receive answers.
I therefore strongly believe that I have been expelled for no valid reason and contrary to the Club’s constitution and model rules (based on the old CIU rules at the time of registration) with the Financial Services Authority on 24 May 2012.
I now ask what action you are contemplating concerning this blatant breach of the Clubs constitution, and the Co-operative and Community Benefit Societies Act 2014?
I will soon instruct my Solicitor to start action against you personally, and the Club for breach of contract. I must inform you that I now have the model rules of the Club from its registration in 2012.
May I remind you; In relation to its members, the legal relationship is governed by the ordinary rules of contract: the club’s constitution will be construed as a contract between the individual member and the other members.
Failure to reply to this letter within 7 days will result in me instructing my Solicitor to act immediately, and this could result in considerable costs to you.
Regards
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