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Finishing off DW's claim - proof of phone calls?


walkie
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Hello,

 

Firstly a big thank you to the contributors,

 

 

having read many of the DW / ARC complaints on here I have managed to get Major Law Solicitors off my back

and DW Fitness have agreed to close my account with no further action IF I can send proof of the phone calls.

 

The trouble is the phone calls were made in my parents house down south of which I have no access to the phone records

and would struggle to as they live abroad 6 months of the year.

 

I remember making a couple of phone calls that didn't go through on my mobile but later than the date my letter said.

 

I am obliged to prove I rang several times and couldn't get through?

During the period I check their twitter account and 90% of the tweets to them

were all of people complaining they couldn't get through on the cancellation line

- DW are WELL aware of this issue (hence they've changed their policy recently)

 

Here's the email I received in reply to my letter.

 

Thank you!

 

 

"I am writing in response to your letter received by DW Sports Fitness Head Office, 23rd June 2016.

 

After reading your letter,

I can only apologise if you have unable to contact membership services to cancel your membership.

 

 

Going forward if you are able to provide your call history showing calls taking place in February

I can look at closing your account down with no further action.

 

 

Unfortunately there is no record of a letter being received dated 29th February

so I cannot back date your cancellation to this point.

 

 

If the letter was sent recorded delivery please provide the reference number and I can have this looked into."

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Hi and welcome to CAG

 

If you contact your parents and ask them to log on to their online account with the telecoms company (or if they haven't set one up, do so) you could then access their accounts which would show what calls were made. All the companies I know of have online access to bills and call history.

That (to me) is the easiest way of doing it.

 

There is another (but long winded) way. Get a letter of authorisation from your parents to the telecoms company giving you access to their account info then send a SAR to them to get all the account history or ask them for copies of the bills from that time.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi Walkie,

 

If you tried to call them but the call wasn't answered, I'm sure the calls will not show on YP's phone call logs.

 

In any event, you say there are numerous complaints on Twitter that folk could not get an answer on DWF's cancellation number. That is enough to show that they've failed to enable cancellations.

 

1. When did you join the gym and were you past the minimum initial m/ship period when you wanted to c ancel.

 

2. Did you tell the gym staff of your need to cancel. If so, what did they say or tell you to do.

 

3. DWF refer to them NOT receiving your letter dated 29th February. Did you send such a letter and do you still have a copy of it.

 

4. Did you send it using RM Signed For Delivery, or did you get a free Certificate of Posting or was it sent by normal post with no proof of sending or delivery.

 

Given the problems others have had trying to cancel, I don't think DWF are in a position to demand proof of phone calls or even proof of the letter.

 

Give us answers and we'll take it from there.

 

:-)

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