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I had a 6 month contract with dw sports that started in march 2012.

 

in January i asked the woman at reception if i could cancel my membership and i was told that it would take a month,

 

i said that was ok and

 

at the end of February i cancelled the membership by direct debit.

 

I received letters stating that i had not gave them the notice and that they wanted the £33.99 for my months notice.

 

i ignored these letters.

 

but today i received a letter from ARC europe threatening court action if i did not pay the fee plus a 15 pound admin charge.

 

has anyone else had this problem and what should i do.

thanks

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I've moved you to the gym forum

 

plenty to read here

 

the bottom line here is any DCA has no powers at all

they are NOT bailiffs

so can be happily ignored.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry ive only just joined this site and wasnt able to find the correct forum. I've also heard that bailifs dont operate in Northern Ireland. i was mainly worried because ARC said they would send my case onto solicitors in 10 days if i dont make a payment. normally i would just pay to save myself the hassle but i go on holiday on wednesday and i cant afford it

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I take it that was a script merchant?

 

dx

Edited by citizenB

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Nope it was in a letter that they sent me i dont think they have a number for me as i havnt received any calls. im worried incase they blacklist me or give me a poor credit rating because its addressed to my parents house.

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never seen a gym membership debt on cra files

 

there is no such thing as a blacklist

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Barry and welcome to CAG

 

Gyms and/or their admin Co's often try this trick, saying they've not received a cancellation letter, or the details were never given to the gym, or the cancellation was not sent by Recorded Del'y to their Head Office in the required manner or format.

 

However, there's High Court precedent which confirms that you can cancel by letter, email, conversation, phone call or simple action such as no longer attending - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

They can make all the admin charges they like but they are NOT lawful or enforceable. They are penalties and you need not pay them.

 

Also, gym m/ships are not generally being reported to CRA's so the matter will not affect your credit rating.

 

Write to DWF and send a copy to ARC saying :-

 

I refer to demands for payment made by DW Fitness and ARC.

 

I told the gym staff I wanted to cancel my membership on xxdate. I was told a month's notice was needed so I let the last payment be taken on xxdate, after which I cancelled the DD mandate.

 

You have no right to make further demands and I will pay you nothing more, nor will I pay any admin fees which are unenforceable penalty charges.

 

If you make further demands in this matter, I will make a formal complaint to the OFT.

 

Send these to DWF and to ARC, then go off and enjoy your holiday. You need not pay them anything.

 

Let us know how they respond.

 

:-)

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Also remember that with ARC you do need to put your foot down and TELL them what is going to happen. Don't let them push you around.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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