Shieldblaster's Daughter - ARC chasing

[shieldblaster]

My daughter has found herself in exactly the same position as this young lady but she is being threatened by ARC now. I am helping her out and we have requested a copy of the signed contract but all we have received is the original membership application form and some seperate T & C's.

 

All of it looks to me to unenforceable but i would be grateful for anyones input as to exactly what should be on a contract before i reply to these jokers. If it helps i can try and upload the paperwork to look at.

 

Thanks in anticipation

[slick132]

Hi Shieldblaster,

 

I've moved your post into a new thread that you can use for this case from now on. You posted here - http://www.consumeractiongroup.co.uk/forum/showthread.php?342801-DW-fitness-membership-complaint&p=3762036&viewfull=1#post3762036

 

You originally posted on a DW Fitness thread. Is this the gym your daughter joined.

 

Gym contracts are not the same a Credit Agreements, where enforceablility is a little more "black and white". To offer any help, we need more info please :-

 

1. When did YD sign up.

 

2. How long was the minimum contract period.

 

3. Has YD given notice to cancel and when.

 

4. If YD wants to cancel before the minimum contract period is up, for what reason.

 

5. Did she sign up in the gym or elsewhere.

 

6. Did YD join by signing an application, or by phone or omline.

 

7. Has the DD mandate been cancelled.

 

8. If YD feels she was coerced into signing by being misinformed about cancelling easily, please give us more info about this.

 

Your answers will help us suggest a way forward.

 

[shieldblaster]

Thank you slick132 for moving my post to a new thread The gym involved was DW Sports Fitness

 

1. She signed up 7/9/2011

 

2. Minimum period was 6 months

 

3. She telephoned the gym in October to tell them she couldn't afford it and was told her membership would be suspended.

 

4. See above

 

5. She signed in the gym

 

6. Signed an application

 

7. DD has been cancelled

 

8. She was told exactly the same as the young girl in the other thread, that she could suspend her membership at any time and could cancel it after 6 months. She was never told that a reason had to be given to either suspend or cancel her membership.

 

I hope this helps, as i say i do have a copy of the original application and T & C's and can scan and post them up if it helps

[slick132]

If you could post up the contract and the T&C's that would be useful. Hide any personal data first.

 

In any event, I think you would best pursue this on the basis of being misinformed by the gym sales staff, using the CPUTR.

 

See this thread which advises on a similar case - http://www.consumeractiongroup.co.uk/forum/showthread.php?337779-Credit-Resolution-Service-attempting-to-harass-and-threaten-me.&p=3718082&viewfull=1#post3718082

 

Hope it helps.

 

[shieldblaster]

Hi and thanks again for your help..it really is much appreciated.

 

I wont be able to upload and post the paperwork till tuesday as i need time to scan it etc.

 

Hope this is ok.

[slick132]

No probs !

 

We can wait............

 

[shieldblaster]

Ok I hope these links work. I have uploaded the membership application and the T & C's. Any observations or comments would be gratefully received

 

http://www.consumerwiki.co.uk/images/6/66/Dw_TC.pdf

 

http://www.consumerwiki.co.uk/images/3/33/DW_Contract.pdf

[slick132]

Hi SB and thanks for posting the contract doc'ts.

 

I see at the foot of the T&C's it says, "Members can only suspend their membership once 6 months have passed."

 

However, the gym agreed to suspend before that time. Was anything said by the staff, when they agreed to suspend, that the payments had to continue during the first 6 months. If so, that would make a mockery of YD saying she couldn't afford to continue.

 

Also, on the Application Form, I see that YD did NOT initial the bit saying she agreed to a minimum 6 month contract.

 

Did YD actually sign the form and what is that showing in the sig're part that starts with "E" and ends with "on".

 

[shieldblaster]

Hi slick132 and thank you for taking the time to have a look and comment on them

 

I have been in touch with my daughter and she said that when she phoned to tell them she couldn't afford it they stated that they would freeze or suspend it (her membership) until her contract was up which my daughter assumed meant that effectively her contract was cancelled and therefore she cancelled the DD.

 

You are right in that my daughter has not initialed where it stares the membership is for 6 months. The "E" and the "ion" is the word "Evaluation" and my daughters signature is the blacked out part across it.

 

Hope this helps

[slick132]

Hi SB,

 

I think that YD has enough in her favour to challenge the claim for further fees from ARC and the gym.

 

If she was told by the gym staff she could suspend the payments from October onwards, this contradicts what is in the T&C's of the contract. You may therefore have grounds to argue that the staff representing the gym have mis-informed about this and they could also have advised her incorrectly when signing her up.

 

When did YD cancel the DD mandate.

 

When was the first time the gym or ARC said that DD payments were overdue.

 

[shieldblaster]

As far as i am aware she cancelled the DD soon after she rang them and we first heard from ARC on 31/1/12

 

[slick132]

Hi SB,

 

I think YD should now write to the DW Fitness gym setting out briefly :-

 

1. What she was told (as per item 8 in post #3 above).

 

2. That the gym staff represent the gym and appear to have completely mis-informed her about being able to suspend and/or cancel m/ship.

 

3. That she did not initial the box agreeing to a minimum 6 month contract at the time of signing.

 

4. This matter is in clear dispute and DWF are obliged to instruct ARC to cease all collection activity until the matter is resolved.

 

She could also add any reason about WHY she can't pay m/ship fees, eg she is a student, has been made redundant, is unemployed, is on benefits, etc.

 

Send the letter to the gym by Recorded Delivery. Send a copy of the letter by normal post to ARC with a covering letter saying :-

 

You will see from the enclosed letter that there is a clear dispute regarding the membership agreement and, until this is resolved, you must cease all collection activity.

 

If you fail to do this, you will be reported to the OFT without further warning.

 

If you want to draft a letter and post it here, I can check it before it's sent off.

 

[shieldblaster]

Ok slick132 thanks again for your help.

 

I will draft a letter this week and post it here for your advice and opinion.

[shieldblaster]

Ok an update..as real life took over a bit i decided that ARC needed to go to the bottom of the pile of priorites for a bit and i hadn't heard anything from them anyway...until today that is. I have now received a letter from Trevor Munn Solicitors stating that "We have been instructed to take steps to issue a claim in court blah blah blah....make payment or else blah blah blah.....if you dont a CCJ will be filed against you blah blah blah".

 

Also i might add that my daughter, during a move, has found the original agreement which is different from the copy they sent me. No signature from them on the form...boxes left blank etc so my cynical mind thinks they may well have constructed the form and transposed my daughters signature on to it.

 

Anyhoo the upshot is that i will now be constructing a letter to the gym, incorporating slick132's excellent advice, and will also send copies to ARC & Trevor Munn.

 

I would love a day in court with these jokers if only to see the judge fall of his chair with laughter but as Slick132 says, that's highly unlikely. I will just have to be content for them to crawl back under the rock they came from.

[slick132]

Hi SB,

 

Whilst Trevor Munn and ARC are both mostly full of hot air, Trev tends to back down more easily than ARC.

 

But I agree with what you suggest, letter to the gym by Recorded Del'y and copies to Trev and to ARC.