DW Sports Fitness Demanding Money

[chrissarah1988]

Hi

 

i have had these muppets on my back since july for money i have this morning received a letter from trevor munn demanding £215.00 or a court action will be filed against me and i will be liable to court costs of £65.00

 

i have cancelled my direct debit with DW Fitness and posted them a letter stating i dont agree with being spoken to like rubbish when i accidentally snapped my locker key i also had a ankle injury and cracked ribs the doctor advised i quit the gym and didnt do any heavy exercise.

 

They cannot expect me to pay for something i cant use.

 

They ignored the letter i sent to DW.

 

I have Zemme's letters to Trevor Munn about harrasing etc and a super injuction placed on them.

 

Will this come into any use

 

any advice is welcome

 

thanks

 

Chris

[slick132]

Hi Chrissarah,

 

Can you tell us:-

 

1. When you signed up and what was the minimum contract period.

 

2. When did you write to DW confirming your wish to cancel.

 

3. Did stop the DD immediately when you wrote to cancel.

 

4. Did you send DW any doctor's note about the injuries

 

5. Have you checked your contract to see what is said about cancelling on health grounds.

 

If you want to use Zemme's letter, I'd leave out the bit about a super injunction. Also, adapt any letter to reflect your own case.

 

The OFT have taken action against Ashbourne already and the results are discussed here - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months&p=3563434&viewfull=1#post3563434

 

[chrissarah1988]

1. When you signed up and what was the minimum contract period. - The guy said there was no contract to me

 

2. When did you write to DW confirming your wish to cancel. - I wrote it back in July After my Foot Injury

 

3. Did stop the DD immediately when you wrote to cancel. - Yes i did as my next payment was due to come out of my bank

 

4. Did you send DW any doctor's note about the injuries - I have not had any doctors note but can obtain these

 

5. Have you checked your contract to see what is said about cancelling on health grounds. - They try charging you £5 fee per month even if your on health grounds.

[slick132]

Hi Chrissarah,

 

You really need to establish if there is a contract or not and, if there is, what you have agreed to.

 

I suggest you write to DWF and ask for a copy of any contract they have concerning your membership.

 

Tell them you consider the membership to be in dispute due to your medical situation and would they therefore instruct their solicitor to back off until this is resolved.

 

The guy said there was no contract to me

If this is the case, then you have nothing to worry about.

 

Do you recall signing a contract, or signing up on their in-house computer registration system.

 

Edited September 27, 2011 by slick132
typo

[chrissarah1988]

Hi there

 

yes when i went to DW i asked the gentleman behind the counter if there was any contract and he told me not at the moment but i would need to sign some documentation, about health and fitness etc like they do, so i signed for it now ive been told there is a contract but ive also read on the internet that these fools are a pain in the rear for changing terms and conditions once its been signed for.

 

Ive just had a call from ARC Europe asking if ill settle my debt, i told them no and ill fight it all the way ive had a serious rib injury back in 2009 which every now and then i have trouble with it every since attending DW Sports and a foot injury which happened at work and dont get any better.

 

They have told me to get my records off my doctors stating this, would my doctor give me this or would i be charged ?

 

would i need to write to my doctor or would i need to go and see him ?

 

These muppets do not give up

[slick132]

Hi Chrissarah,

 

If ARC call again, tell them the matter is in dispute and they must not harass you or they'll be reported to the FOS without further warning.

 

ARC have no right to ask for any letter or documents from your doctor. This is between you and the gym and it has nothing to do with a DCA.

 

I suggest you ask your GP for a letter to confirm that you have xxxx health issues at the moment and it's the GP's recommendation that you refrain from gym training for the time being. Keep this in case it's needed to send to the gym in due course.

 

In the meantime, write to the gym saying :-

 

I have taken advice concerning my gym membership and require sight of the signed contract which specifies the Terms and Conditions that apply.

 

Please forward this to me as soon as possible so I can review the position regarding payments.

 

Until this matter is resolved, kindly refrain from making any further payment demands or causing such demands to be made by any third party.

 

See how they respond.

 

[chrissarah1988]

i have sent these letters to the gym, trevor munn (Zemmes Letter) and ARC Europe

 

they keep ringing me on a daily basis asking if im willing to settle the debt or take it to court.

[slick132]

Look in the library for Phone Harassment letter.

 

Don't speak to them - just hang up after telling them to stop calling and to put anything they have to say in writing.

 

Make a note of the time and date of every call, in case you want to make a complaint.

 

Don't let their antics grind you down.

 

[chrissarah1988]

well this morning i have received further 2 letters from ARC Europe Demanding the £215.00.

 

I can scan them in and let you read them but i dont know how to attatch them into this message

[slick132]

Hi Chrissarah,

 

No need to scan any of their letters.

 

Did you send the gym or ARC our Harassment letter.

 

Are ARC still calling you daily.

 

I assume no reply from the gym yet to your letter sent at the start of this month.

 

[chrissarah1988]

ARC have backed off with the calling part but they still fail to listen to what i say in my letter and keep sending me letters

 

i havent seen your harrasement letter can you kindly post a link here for me

 

thanks

[slick132]

In the 2nd line of headings at the top of each forum page is the Library link - click on that.

 

Then click on the link "Can't find the letter you want - Click here"

 

Section 4 has the Harassment letters - http://www.consumeractiongroup.co.uk/forum/content.php?494-Formal-notice-of-telephone-recording

 

[locutus]

I think slick was refering to this letter http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

p.s. The easy and cheap way that I record my calls is a £3 computer microphone and use my mobile on hands free, and sound recorder on my computer. Works wonders, and easy to put a video to with windows movie maker and post on youtube

[slick132]

Thanks Locutus,

 

I took the wrong link and meant to use the one you've linked above.

 

[chrissarah1988]

nice idea guys

 

im having a problem now i think its so bloody unfair, i sent my medical records to DW Sports and they are still making me pay for July, August and September which is a total of £152.00 and ARC have admin fee's on top.

 

They said because i didnt send a letter them in July stating im leaving due to medical grounds ill have to pay for the 3 months

 

i did send them the letter they just didnt reply or didnt even get the letter so they say.

[slick132]

Hi Chrissarah,

 

.....they are still making me pay for July, August and September which is a total of £152.00 and ARC have adminfee's on top.

I assume they are ASKING you to pay - they cannot MAKE you pay this unless they take court action, which they will not do !!

 

In post #6 above, I suggested what you could write to DWF. Did they send you a contract or even mention this.

 

You should continue to ignore ARC, whether they phone or write to you. Deal with the gym only. And remember, any admin fees that they have added are not enforceable in any way.

 

Do you have a copy of the letter you sent to them when you cancelled in July 2011.

 

It is their problem if they say they didn't get it. Gyms have a poor reputation for losing bits of post that they don't want to receive !!

 

If you don't want to pay the gym what they're demanding, you must continue to stand up to them and show that their bullying will not win.

 

We'll continue to support you.

 

[chrissarah1988]

Hi Chrissarah,

 

I assume they are ASKING you to pay - they cannot MAKE you pay this unless they take court action, which they will not do !!

 

In post #6 above, I suggested what you could write to DWF. Did they send you a contract or even mention this.

 

You should continue to ignore ARC, whether they phone or write to you. Deal with the gym only. And remember, any admin fees that they have added are not enforceable in any way.

 

Do you have a copy of the letter you sent to them when you cancelled in July 2011.

 

It is their problem if they say they didn't get it. Gyms have a poor reputation for losing bits of post that they don't want to receive !!

 

If you don't want to pay the gym what they're demanding, you must continue to stand up to them and show that their bullying will not win.

 

We'll continue to support you.

 

 

I have a copy of the letter i sent to them back in July. I really cant be bothered with these people we are expecting a baby and dont need this hassle from idiots like this, i will try contact the DWF do you have any information on this ? i am going to go down the gym on monday with a friend and have this out with the management.

[slick132]

Hi Chrissarah,

 

You're unlikely to resolve anything by going to the gym as they normally make out it is all out of their hands.

 

With the copy of your cancellation letter, I think you have a good case and you should be able to defend against any action they take. Theyt are not likely to take any court action because they know they haven't really got a leg to stand on !!

 

Let us know what is said on Monday.

 

Continue to ignore ARC.

 

[chrissarah1988]

I have yet again received another pestering letter from ARC. They are saying they have not received my medical records when i sent them to DW Sports and a woman rung me about this and had the bill reduced to £152.00. ARC are still claiming it to be £215.00 the woman at DW said they never received my cancellation letter back in July so i will need to pay for 3 months which still does not equal to £152.00.

 

They are saying that there client did not agree for me to withold payments until you were in full time employment and they are still instructed to continue recovery action in absence of your medical proof, yet again considering i gave it to DW Sports does no one bloody communicate with each other these days ?.

 

apparntly they cannot withhold my account with a token of payment for a period of 3 months and now they are trying to make me provide my incomings, outgoings and a list of creditors.

 

well i aint going to provide them with anything.

[chrissarah1988]

well i have received another let off ARC harrasing me once again

 

they say they never received my medical records this because i sent it to DW sports shows how much these muppets communicate with there clients, cant beleive they expected me to ring them and let them know myself using my own money on my phone bill.

 

they also want a list of my incoming and outgoins and also al ist of my creditors haha.

 

they also threaten if they dont receive my medical records in 14 days they will pass this back onto trevor munn

[slick132]

Hi Chrissarah,

 

I reckon it's time to ignore them for a while.

 

If Trevor Munn takes up the case, you can tell them you are reporting their actions to the OFT, who are taking a very keen interest in the collection practices of gyms and their admin companies.

 

You can confirm that you have copies of the necessary documents which you will send to the OFT and also use to defend any court action they care to take.

 

The apparent disappearance of cancellation letters to gyms and their admin companies is renowned.

 

You are right to refuse to send them income and expenditure details.

 

[chrissarah1988]

Hi

 

Now a letter from Trevor Munn Solictiors Demanding the £215.00 and an interest charge of £50.00 Solictior Fees', £15.00 Court Fee's, £17.86 Interest.

 

Also something about northampton county court.

 

i actually live in manchester and won't be travelling to northampton to be honest

[locutus]

Northampton is the court for online claims, If you state you will defend it gets transfered to your local court, but they're not going to do this, it's another threat-o-gram They are much closer to a debt collector than a solicitor. Follow Slicks advice and complain complain complain. (I'd also write to them asking how to escalate your complaint further... may rattle their cage )

[slick132]

Hi Chrissarah,

 

Can you explain exactly what they are demanding now please.

 

I'm interested to know if they are demanding a court fee or telling you that it MAY be payable if they take court action.

 

Once you tell us, I'll suggest how to respond to Trev.

 

[chrissarah1988]

Hi Slick

 

Yes they are putting interest on top of my payment it was at £215.00 according to them when DW actually lowered it to £152.00 shows how much these muppets communicate with each other, According to Trevor Munn it states that if i dont make a payment then court costs of 15.00 occur, 50.00 solicitor fee's and 17.86 interest.

 

I cant beleive they are making me pay for 5 months of gym membership when i quit due to doctors advice with my rib injury i had back in 2009 they have seen my medical prove but sitll want to be unreasonable.

 

My mate has said if scotcall come round my house im not obliged to tell them a thing and basically tell them to get off my property.