Gym cancellation/ARC and now solicitors threat-o-gram

[Bea1979]

Cancelled membership at DW by letter (normal post),

 

called to check rec'd letter but mgr would called me back if probs as not there.

No call rec'd.

 

Another DD taken so sent further letter and cancelled DD.

 

Ltr from gym demanding money.

 

Rang again but no call back.

 

Ltr from ARC.

 

Called ARC and said I'd sent ltrs and called.

 

Called DW and mgr busy.

 

Call received from ARC saying they'd spoke to gym and initial ltr not rec'd so insufficient notice given.

 

Apparently onus on me to check ltr rec'd and no proof I sent it but pointed out no proof they hadn't so my word against theirs!

 

Am I less honourable!

 

Called DW again and mgr answered phone.

 

He wouldn't budge.

 

Said my fault and I can't prove I sent it (apart from copy I have).

 

Two days later and today rec'd ltr from sols in Nottingham with added expenses!

 

Where do I stand and have others succeeded in their disputes like this?

 

Do I have to pay admin charges and sols fees?

 

Thank you

[Bea1979]

They will issue claim in small claims court if I don't pay! Proper advice please as not sure how successful fighting this will be as didn't send recorded delivery.

[i hate bailiffs]

Stay off the phone

What is the name of the solicitors

How much are they claiming?

Look at the letter does it say may not will

[dx100uk]

lots of like threads here

 

have a read

 

you don't have to pay anyone

esp a fleecing dca/fake sols.

 

dx

[Bea1979]

From major & co directing me to contact ARC.

 

They may take me to court.

 

I have seen draft letters to send but wanted to make sure the law hadn't changed b4 I send one.

 

Also wanted to see if anyone had actually been taken to court.

 

I apparently owe £38 plus admin fee so total of £53 but letter saying they will claim £132 from me!

 

If u cld direct me to correct ltr and who I should send it to (DW/ARC/solicitors?) that would be fab

[dx100uk]

read the letter carefully it does not say WILL anything

 

dx

[Bea1979]

Thank you

[slick132]

Hi Bea and welcome to CAG

 

Can you confirm that you had completed the minimum term of your m/ship.

 

You are normally required to give a month's notice of cancelling so you send the letter, let them take one further DD and then cancel the DD mandate with the bank. If they took the further DD beyond this, tell your bank you require them to refund this as it was taken without your consent. Do this quoting the DD Guarantee Scheme.

 

I assume you have a copy of the cancellation letter and this should be adequate for your needs. You should be aware that gyms and their admin companies have a habit of "losing" cancellation letters.

 

Do not be intimidated by ARC and their solicitor threatening you. Also, be aware that the admin charges they add are unenforceable penalty charges which you should not pay.

 

Let us know if you gave notice correctly and confirm if you were beyond the minimum term. Then I can suggest how to deal with the issue further.

 

In the last 5+ years dealing with gyms m/ships, I'm aware of maybe 2 cases that were the subject of court action. It is highly unlike to happen in your case, nor this will not affect your credit history.

 

[Bea1979]

Hi Slick

 

I joined mid July 2013 and had completed my 6 months in mid January. I therefore gave notice by letter on 16 Dec (which they say they didn't receive) so had assumed Jan would be my last payment. Another DD came out at beg if Feb so I sent another letter dated 3 Feb and cancelled my DD so they couldn't take any further money. Is that correct in terms of notice because I thought it was. They aren't disputing the 6 month period, only that they didn't receive my first letter in December. I have a screen shot of the properties of both documents which gives the date they were created (as he said I could backdate any old letter!). Is that enough evidence? Thank you so much for your help.

[slick132]

Hi Bea,

 

According to what you say, if you gave them a month's notice in mid-Dec'r, the Jan pay't should have been the last of your 6 month commitment.

 

The only glitch could be about the precise dates so can you look at the agreement and confirm :-

 

1. What date you signed.

 

2. The date the DD was normally taken or payable.

 

Then we can decide if you need to seek a refund using the DD Guarantee Scheme.

 

The copy letter should be fine, particularly if you have a screen shot of it's property.

 

[Bea1979]

Hi slick, I'm not worried about getting money back, just don't wanna pay them more. I want to reply tomorrow with copies if letters sent and screenshot of properties of docs. What should I say?

[slick132]

Hi Bea,

 

If you answer my 2 Q's above, I can suggest what to say to the gym or ARC.

 

[Bea1979]

Sorry can't find contract arggghhh but paid rest if July on the day I joined and bank statements says 15 July. DD's came out 1st, 2nd or 3rd of month. Thank you so much

[slick132]

Hi Bea,

 

Ok, this is how I see it ...........

 

You joined and paid in July, possibly for the part-month but the normal DD date is the start of each subsequent month.

 

You cancelled mid Dec'r and paid the final DD that was due at the start of Jan 2014. So that is all fine.

 

I think you SHOULD seek a refund of the DD wrongly taken as this will show the gym you are certain of your rights. However, it's your prerogative to do this or not.

 

Drop the solicitor a letter saying this matter is in clear dispute with the gym and ARC and, if they write to you with any further demand, you will make formal complaints as necessary about their conduct. You can enclose a copy of the letter below for the sol'rs info.

 

Suggested letter to ARC :-

 

Dear sir or madam,

 

It was my right to end the gym agreement with DW Fitness as the minimum period expired in January 2014.

 

I gave them notice to cancel on 16th December 2013 and enclose a copy of the relevant letter. I also have a screen shot of the date the letter was created to prove this was not done later.

 

If the gym lost the letter, that is their problem. I am aware that gyms and their admin companies seems to have a habit of "losing" such letters.

 

I have been contacted by Major and Co and have told them this matter is in dispute. You must contact them and tell them not to contact me again. If you fail to do this, a formal complaint will be made to Trading Standards.

 

I owe you nothing more but you must now refund to me the DD payment that was taken in February 2014, after my notice had expired. If you fail to agree to refund this within 14 days, I will cliam the amount back under the DD Guarantee Scheme.

 

Yours faithfully,

 

Let us know how they respond.

 

[Bea1979]

Hi Slick, that's fab, thank you so much for taking the time to reply. I will send this letter today. I will be away in 2 weeks time so will need to tell them that as they won't be receiving any responses whilst I'm away. I'm sure they'll respond b4 then anyway!! I'll keep you updated. I notice not many people have finished their thread with the outcome and I'd like to do this in order to help others. Thanks again

[slick132]

Thanks Bea,

 

Updates and outcomes are always appreciated.

 

[Bea1979]

ARC replied saying they can instruct sols if they want & saying the screen shots can be manipulated and is not proof.

 

I need Royal Mail proof but I know it can't be changed ANC contract doesn't say you need Royal Mail proof!

 

They're willing (as good will gesture) to waiver administration fee and will accept the months notice of £38 which is in dispute.

 

If I don't pay in 10 days they will instruct sols to issue court proceedings.

 

I work in a law firm on Friday nights so will try to get legal advice from debt dispute litigation team

but don't know any lawyers in that team so not sure if they will help.

 

Any advice would be gratefully received.

 

Do I ignore or reply?

 

Thank you

[ericsbrother]

all letters deemed to be delivered 2 days after they were sent.

 

 

The standard of proof for this is almost non-existent so they cant really claim you didnt send it nor demand proof that you did.

 

 

You say you did so a court will believe that unless there is some evidence to the contrary.

 

Solicitors know this but they are trying to get you to pay up,

 

 

that is what they are employed to do so they will try all of their tricks to create doubt..

[Bea1979]

Thank you very much

[dx100uk]

totally ignore them

 

they have no powers to do nowt

or instruct anyone

bar to send threat-o-grams.

 

dx

[slick132]

Hi Bea,

 

The are just trying to un-nerve you. Ignore them for now.

 

You have enough proof to put their case in doubt.

 

Only time will tell if they decide to take any real action but our years of experience suggests they will do nothing !! Because they have no proof to back them up !

 

Let's see what they actually do.

 

[Bea1979]

Ignore them it is then (& I'll try to get advice in the meantime just in case they decide to make an example of me!). Thanks a lot for your help and reassurance

[Bea1979]

Hi all, just by way of an update and to help others,

 

since their last letter at the end of May saying I had 7 days to pay, I've heard nothing!

 

I'm hoping that's the end of the matter but only time will tell I suppose!

 

Thanks everyone for your advice and reassurance, I really do appreciate it and hope this full thread will help others who become a victims of DW too x

[slick132]

Hi Bea,

 

You told us about a letter in post #17 sent in mid-May giving you 10 days before court action. Was there a later one from ARC or Major & Co giving you 7 dyas ?

 

If so, who was it from and what did it say.

 

[Bea1979]

Yes there was another one from ARC at end May just before I went away with friends that gave me 7 days to pay but not heard since so keeping fingers crossed that is it x