DW Sport gym membership

[hugo1963]

Hi Can anyone help with this.

 

 

I joined DW sports in October 2014 signing a 6 month contract, by December my work/private commitments changed and could not attend the gym. I asked at reception if I could cancel my membership, I was told that I could not and would have to wait until March when my contract ends, having been a member on and off for a number of years I respected that decision and continued to pay by DD, although I did not use the facility since mid December.

 

 

In Feburary 2014 I wrote a letter to cancel my membership and that the letter was my months notice for the contract to end at the end of March.

 

 

I heard nothing from DW until I cancelled my DD when I got a letter saying my account was in default and I owe £56 and if I don't pay my debt would be handed to arc debt collections which they now have.

I wrote a 2nd letter to DW this time by recorded delivery (because they say my 1st letter did not arrive) explaining the situation and that the fact is they owe me £28 as they took a extra payment for April as I had not cancelled my DD and I had sent my months notice, this fell on deaf ears and that if I don't pay debt collection agency would take on the case.

 

 

I have had a number of text, phone calls and letters from arc I have told them that I do not recognise this debt, as my contract with DW was complete and paid in full. They have now passed this on to solicitors major law and the debt as risen to £151 and now being threatened with county court

[slick132]

Hi Hugo and welcome to CAG

 

Read other threads here and you'll see this is a common problem. The gym and ARC will deny receiving the cancellation letter. The gym will then say it's out of their hands and then ARC will pile on admin fees.

 

If you didn't cancel the DD mandate and a further fee was taken in April, contact your bank and get this refunded via the DD Guarantee Scheme. You should do this now if you are certain the DD was taken beyond the notice period.

 

Re your cancellation letter, was this typed and posted or handed in at the gym.

 

We'll help you with letters to the gym, ARC and/or Majorlaw as necessary. In the meantime, don't worry about any of them. If anyone calls you, tell them "In writing only", then hang up.

 

Keep a log of all calls, texts and emails in case a harassment claim is necessary.

 

[hugo1963]

Cheers

Read a few posts feel a lot better.

My original letter was hand written and posted, I should have recorded this with hindsight, I didn't think there would be a problem, in the past I have cancelled in person at the gym not had a problem but they do keep you about a hour trying to change your mind, passing you from person to person.

Thanks again

[slick132]

Hi Hugo,

 

Did you make and keep a copy of the cancellation letter.

 

If not, you're at a disadvantage. However, you are helped by the fact that gyms and their admin companies have a bad habit of "losing" cancellation letters.

 

Are you going to get the DD back via your bank ?

 

[hugo1963]

I rang my bank but because I was late in cancelling my DD and the payment came out they told me to chase it up with DW, I have requested DW pay me back £28 plus £25 admin fee for the letter (if they can charge so can I)in the second letter that I sent by recorded delivery on the 28/05/15. I have not heard from them since reguarding the payment just emails saying payments are due to them

I did not make a copy of my 1st cancelation letter wish I did send it recorded delivery.

[slick132]

No !!

 

The bank has a duty to refund under the DDGS without question and you do NOT have to discuss the issue with the gym at all. Obviously, if you ask them for a refund, they'll refuse !!

 

Speak to the bank again saying you know you are entitled to the refund of the DD under the DDGS and the bank has to comply or you'll raise a formal complaint with the FOS.

 

I'll come back about dealing with the gym ............

 

[hugo1963]

Ok I will try again with the bank re the DD thanks for your prompt reply

[slick132]

Hi Hugo,

 

Have the bank refunded the DD yet ?

 

Letter to DW Head Office :-

 

Dear sir or madam,

 

I joined DW Gym in [town/city] in October 2014.

 

Due to a change in my circumstances, I couldn't continue to use the gym and told reception staff I wanted to cancel the m/ship. They said I could not cancel until the initial 6 months was up so I continued to pay the monthly DD's. I last used the gym in December 2014.

 

In February 2015, I wrote the gym a letter confirming that I was cancelling when the 6 months was up.

 

I assumed that would be the end of the matter and heard nothing more until I cancelled the DD mandate in [MONTH]. DW Sports then wrote saying I was in arrears.

 

I discovered a further DD had been taken in April. This is being reclaimed under the Direct Debit Guarantee Scheme via my bank.

 

I require that you ensure that I receive no further demands from DW Sports, ARC Europe or Majorlaw solicitors.

 

Further demands will be reported to Trading Standards and The CMA.

 

Yours faithfully,

[slick132]

Letter to Majorlaw :-

 

Dear sir or madam,

 

I refer to your letter of xxdate demanding payment.

 

This matter is in clear dispute with DW Sports and I require that you make no further demands.

 

Further demands from you will result in immediate complaints to Trading Standards, The CMA and The SRA.

 

Yours faithfully,

 

[hugo1963]

hiSlick ive just read the posts ive not heard anything from arc, majorlaw or DW, since major law letter dated 17/06/15 should i still send the letters off

[slick132]

Hi Hugo,

 

I suggest you post the 2 letters off immediately as they will not have given up on this so soon.

 

Has the bank refunded the DD yet. If not, you should tell them to do so, as they are bound to follow your instructions about this.

 

[hugo1963]

Thanks Slick

Ive sent the letters off via signed for delivery hope im not to late to prevent further action ive been very busy with work etc.

Thanks again for your help and support.

[slick132]

You haven't said about the DD refund from the bank under the DDGS ??

 

[hugo1963]

Hi slick

Raised the issue with the bank today via telephone, filled a form in over the phone this should be resolved within 1 working day, if found in my favour and a refund issued DW can then pursue me again for this payment, i await there response

Bring it on, dont feel bullied anymore

Edited July 9, 2015 by hugo1963

[slick132]

Hi Hugo,

 

I hope the bank will refund the DD quickly. They shouldn't use the reason that you were late cancelling the DD.

 

Let us know ................

 

[hugo1963]

Hi Slick

DD refunded today good news

[slick132]

Great !!

 

Let us know when you hear back from DWS and/or the sol'rs.

 

[hugo1963]

Well 2 weeks passed all quiet no harassment or demands from any of them

Lets hope thats that

Thanks Slick

[slick132]

Hi Hugo,

 

Too early to be optimistic yet .............

 

Keep us posted though.

 

[hugo1963]

hi slick, I am getting daily phone calls over last week and half from arc (about 10 calls)when I answer, a recorded message tells me to ring arc back, I have ignored them as I have already told them to contact me in writing only way back when this started. I have not heard a thing from dw or majorlaw

[slick132]

Hi Hugo,

 

You should keep a log of all calls (time, date and phone number) from ARC in case you need to make a Harassment Complaint.

 

[hugo1963]

Hi slick

Still get daily phone calls from arc

Dw have sent me threatening emails on the 20/08, 24/08 and 30/08 it seems my account is still active and not cancelled even though 3 letters have been sent.

Thanks

[slick132]

Hi Hugo,

 

It's outrageous that you are still being harassed in this manner.

 

Have you kept a log of all the calls from DWF and/or ARC.

 

Have a look at the Debt Collection section in our Library and you'll find a Harassment by Telephone letter that you can send by RM Signed For delivery.

 

You should also make formal complaints to Trading Standards and to The CMA.

 

[hugo1963]

Ok i will get on with that, arc ring on different no's but i will log them

Thanks

[hugo1963]

well a good 9 month and no more threats