Debit Finance Collections plc

[davidmalia]

Hi any help here would be greatly appreciated.a member of my family a single parent signed a service agreement for gym membership for her 15 year old son.she has just lost her job and cannot afford the membership any longer.she paid her first months membership 40.00 in cash at the time of signing the service agreement and has paid the last 4 months on time by DD.Not only can she now not afford this membership but also her son and his friend have been using the gym equipment totally unsupervised. she and I are of the opinion that this gym have been negligent in allowing these boys access to the gym unsupervised.She wrote to the gym and their collection agent Debit Finance Collections PLC and the agent replied with the usual rhetoric that if she defaults they will automatically pass her name on to the credit reference agencies.Just need a little help to make them go awaythanks

[slick132]

Hi DM,

 

What gym is this for.

 

Is there a gym admin company that deals with the m/ships.

 

When was the m/ship taken up.

 

What was the initial minimum contract period.

 

What age is her son.

 

If she can't afford the monthly payments, she must cancel the DD or the gym will continue to take money monthly. Cancel the DD mandate in writing to the bank. The gym, the admin Co or the DCA will start to press for payments but this is unavoidable.

 

[davidmalia]

her son who is 15 wanted to join a gym for fitness and weights, so she joined on his behalf

 

the admin company is called Debit Finance Collections plc, PO box 6046, Milton Keynes, MK1 9BA

 

the gym is called Ultimate Training Centre, Wolverhampton Road, Cannock, Staffordshire, WS11 1AS

 

membership started 15/03/2011 contract period is 12 months. she has paid all DD to date but has cancelled now so the august one won't go through

 

her son is 15. she has cancelled the DD at the bank and written to both the gym and Debt Finance Collections who administer the membership.

 

she has a signed service agreement that states the service provider is Ultimate Training Centre.

Edited July 25, 2011 by slick132
put in paragraphs for easier reading

[slick132]

Hi DM and thanks for the further info.

 

I put in some paragraphs above so your post can be read.

 

It looks to me like your best way of avoiding having to pay further m/ship fees is to focus your complaint. Opt out of m/ship on the basis that the young lad should never have been allowed to use the weights and other training facilities without supervision.

 

I'd suggest that this was negligent on the part of the gym and you should also complain to your local council about the gym's health and safety procedures.

 

The gym will probably argue and continue with collection activity. You can counter this saying the matter is in dispute and they must stop making demands until the issues have been properly investigated.

 

[davidmalia]

thanks slickcould you help me draft a letter to the gym thanksDM

[slick132]

Sure

 

Write to the gym by Recorded Delivery and send a copy of this to the admin Co.

 

Adapt my suggestions to reflect the case, as I can only guess on certain matters.

 

Dear sir or madam,

 

Membership ref. no. xxxxxx

 

I refer to the membership contract signed by me on 15th March 2011 which enabled my 15 year old son to use the gym facilities.

 

I had been assured that the training and weights facilities would be supervised and therefore safe for him to use. I was horrified to learn that there have been occasions when there was, in fact, no such supervision. This is totally unsatisfactory and I'm sure this is no proper way for a responsible gym to allow it's facilities to be used.

 

On learning this, I wrote to you and to Debt Finance Collections plc (your DCA) on xxdate cancelling my contract with immediate effect.

 

The only response I received was from the DCA saying that, if I didn't pay, my details will be passed onto a credit reference agency.

 

Take notice that this matter is in clear dispute. You, and your DCA, must cease all collection activity until my complaint is properly resolved.

 

I suggest you deal properly with my complaint and acknowledge that you were at fault in allowing the facilities to be used by a minor without supervision.

 

In the circumstances, I expect you to make no further demands and release me from the contract without any further payment, beyond those already made by direct debit.

 

I will now contact the relevant authorities making them aware of your failings, in the hope that you will improve your facility supervision practices.

 

Yours faithfully,

 

See how the gym responds.

 

Contact your local council and see if they will investigate the matter.

 

If the DCA contacts you further, report them to the FOS, sending copy letters, and ask them to investigate the DCA's breach of the OFT's Debt Collection Guidelines.

 

[slick132]

Hi DM,

 

Any update on this please.

 

[davidmalia]

Hi slickhad a reply from DFC on 1st augthey saidthank you for your communication, the contents of which have been noted on file.we will contact you shortly with our findingsthank you for bringing this to our attention.signedT DixonRECOVERY DIVISION(WITHOUT PREJUDICE)

[slick132]

Hi DM,

 

Noted and please keep us updated.