Really Angry at Fitness First and C.A.R.S

[richrichard6390]

hi guys!

ok so my initial hello doesn't quite show how annoyed i am, but i've been having problems with FF and C.A.R.S...

After around 3 or 4 months of joining(although, being a great fitness freak i didnt actually go ONCE!) Fitness First, i decided i would cancel my account with them!

 

before i go on i would like to add some background info;

-when first signing up with them, the salesman, who is no longer there(although i know who he is) was a really good help...at first. I stressed many times with him AND his manager that i could not pay via direct debit and couldnt be charged monthly on it due to lack of funds. So after alot of his and my own time we managed to sort out me being able to pay CASH each month. Now he told me he NEEDED a debit account to put on there for security purposes but not to worry as i would be paying cash anyway. YEAH RIGHT. after i gave im my direct debit account number (stressing once more the fact of it not being involved) they agreed to let me pay by cash each month, to no avail. on the day i was due to pay i was charged an extra £20 on my direct debit(putting me into overdraft on a non-overdraft allowing account. GREAT.

i made a little complaint to the receptionist who i paid in cash, but didnt take it further, im not that confrontational, farrrr too laid back.

Moving on, this continued for the months after and so i cancelled my account with them.

 

Now i am recieving the INFAMOUS C.A.R.S letters and though reading upon other posts (i dont understand anything about debt collections and the set laws and "acts" around collection...) i am still confused as to what my options are.

I am pretty angry and want to refuse to pay them legally (The payment is £241.65) as i feel they have been taking advantage of me. That applies for both FF and CARS. I also spoke to a lady on the phone from Cars and se said it was not FF business anymore it is theirs and they want their money!

 

I would appreciate any help available, Thank you for your time peopleeee

[cerberusalert]

They are well known on this site have a read through the Fitness forum for a greater insight http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?260-Gyms-and-Health-Clubs

[unclebulgaria67]

These fitness centre companies are well known for this type of thing.

 

Suggest that you put in a complaint in writing to Fitness Firsts head office, stating what grievances you have with them. In your post mention that you had paid cash to the receptionist, so they did receive some payment. As they have caused you banking costs by putting through DD payments, when you were told they would not do this, I would see this as a breach of contract on First Fitnesses part. Obviously I doubt if FF put the cash payment arrangement in writing in the contract, so it will be their word against yours. It would help if you had receipt of the cash payment that you had made, to evidence that cash payment had been accepted.

 

So send a letter to FF making all the relevant points including the above and send this by recorded delivery to their head office. Also send a copy to CARS by recorded delivery, with a covering letter, stating that while you have an ongoing complaint with FF, that they should put collection activity on hold.

 

If FF or CARS continue to bother you, then phone Consumer Direct and make a complaint about the conduct of CARS continuing to harass you while you have a dispute with FF. Under OFT guidelines, if a debt is disputed with the original creditor, collection activity should be put on hold.

[richrichard6390]

These fitness centre companies are well known for this type of thing.

 

Suggest that you put in a complaint in writing to Fitness Firsts head office, stating what grievances you have with them. In your post mention that you had paid cash to the receptionist, so they did receive some payment. As they have caused you banking costs by putting through DD payments, when you were told they would not do this, I would see this as a breach of contract on First Fitnesses part. Obviously I doubt if FF put the cash payment arrangement in writing in the contract, so it will be their word against yours. It would help if you had receipt of the cash payment that you had made, to evidence that cash payment had been accepted.

 

So send a letter to FF making all the relevant points including the above and send this by recorded delivery to their head office. Also send a copy to CARS by recorded delivery, with a covering letter, stating that while you have an ongoing complaint with FF, that they should put collection activity on hold.

 

If FF or CARS continue to bother you, then phone Consumer Direct and make a complaint about the conduct of CARS continuing to harass you while you have a dispute with FF. Under OFT guidelines, if a debt is disputed with the original creditor, collection activity should be put on hold.

 

WILL

it help if i contact the lad that signed me up, to get him to confirm the cash payment?

[harrassed senior]

Not really sure if it would help, I suppose you could try.

[Bazooka Boo]

Good ole FF, similar problem when I left them and they took a further payment using an old debit card they had kept on file.

 

You can complaint to FF head office, for all the good it will do you, as they will simply say that they are right and you are wrong, and there is nothing you can do, which by all intents and purposes is quite correct as there is no-one else least of all a structured complaints procedure they go by to complain to.

 

Ignore cars, they are deluded, contact http://www.consumerdirect.gov.uk/contact

They sit along side the OFT & TS so three birds with one stone, and as FF have come up against the OFT in the past, they should take a very dim view of them rearing their ugly mugs again!.

[richrichard6390]

Hi again guys.

just had a really aggravating call with fitness first who called me and constantly told me they want to sort it via the pone pretty much, so calmly told them this is NOT what would happen, and to mail me!

 

so do we think this is a good letter to head office at Fitness First?

Any improvements?

Dear Sir/Madam,

I am writing in complaint of your services, which have not been fulfilled as promised.

Due to a member of your staff, placed at Fitness First Coventry, Club 470, I am currently being contacted by both you and your C.A.R.S branch.

 

Now when first signing up to your services, I was promised by your member of staff (who I continually stressed at that I could not pay or allow Fitness First to have contact through my bank account.) that I could pay in cash each month to be with you. After much consideration on both parts, the salesman (Mr. XXXX) after speaking to his manager or co-worker came back and claimed that it was possible to do. And so I signed up and as you can imagine was not impressed when my bank was charged after I only put my details down due to supposed “security purposes”.

Still, regardless, I paid the full amount and continued to do this for a few months, until after the issue reoccurred I finally decided to cancel subscription.

 

From here on, I was then verbally harassed by both you and C.A.R.S in paying the supposed rest of the amount, when in fact it was your problem that made me leave. I would also like to note that I have not actually been to the gym once since signing up.

At the moment I am in touch with trading standards due to the lack of maturity and help provided by your call desks in sorting this matter.

I apologise for any inconvenience but I feel if this is not sorted soon, I will have no choice but to take further action.

Thank you for your time,

XXXXX

 

and btw, thanks for Y'all help!

Edited August 25, 2010 by richrichard6390

[unclebulgaria67]

Looks good to me.

 

Just remove your name and the name of the FF member of staff, as this is a public forum. You never know who might see your post at some point.

[richrichard6390]

thanks dude, your a legend!

[Guest Cartaphilus]

I don't know whether or not you are aware of this but publicly making the name of a staff member as I see someone has advised you to remove not only that name or yours, can leave yourself open and could be used against you if anything went further. Just as you have the right to privacy so does the person you name. Not siding with anyone just using a bit of common sense.

 

Edit - which I now note you removed in the time between my posting. But for future reference I'd be more careful.

[Halibutt]

My take on it would be:

 

Dear Sir/Madam,

 

I am writing to complain about the conduct of your company and staff regarding my account and the services offered, which, to date have not been fulfilled according to your stated terms.

Due to the actions of a member of your staff, currently situated at Fitness First Coventry, Club 470, I have been contacted by both you and your C.A.R.S branch regarding this matter.

 

When first signing up to your services, I was promised by your member of staff (to whom I firmly stressed that I could not pay or allow Fitness First to have contact through my bank account via direct debit or other means) and that I would be able to pay my subscription in cash on a monthly basis. After much consideration on both parts, the salesman (Mr. XXXX) after speaking to his manager/co-worker came back and claimed that this arrangement would be acceptable

 

In light of this, I signed up and as you can imagine was not impressed when my bank was charged after I only put my details down due to supposed “security purposes”.

 

I must inform you that I did not sign a direct debit agreement for monies to be taken from my bank account, therefore monies taken by this method have been illegally obtained and I would remind you that I am fully entitled to take legal action to recoup any funds and interest charges incurred due to your company's actions.

 

From that time, I have been verbally harassed by both your staff and C.A.R.S with regards to paying the alleged balance of the account, when I strongly feel that my decision to cancel was as a direct result of your company's actions. I also wish to note that I have never used your company's services since my initial contact with you.

 

At the moment I am in touch with Trading Standards, The Office Of Fair Trading and the Financial Services Ombudsman with regards to your company's conduct and will take any legal action available to me to rectify this matter, should you be unwilling to fully explain your company's actions and refund me any amounts due.

 

I await your considered response in this matter.

 

Please note, the stuff in red is what I would say to them, and be prepared to go through with it. If you didn't sign a Direct Debit authority, then they have acted illegally and are open to prosecution for theft.

 

Best of luck.

 

H.

[paul30767]

Hi

I've had dealings with FF and CARS, i sent all the letters recomended by this site and the threatening letters kept coming nothing seemed to put them off. After about 5 months the letters from cars just stopped. I don't think it was anything i'd said think they just keep bugging people for a set period and then just give up.