Bannatynes Gym Cancellation Moved Address But Insist Still Valid as within 10 miles of another club!!

[6AM]

I have cancelled the membership on the grounds Iv'e moved out the area, but they claim because there is another club within 10 miles I can't cancel.

 

I wrote to them to confirm that I felt it was unfair as there were 10 other gyms closer to my address for me to use and stated I didn't want to travel the extra distance, incur the extra costs and spend the extra time travelling to the club.

 

The membership administrator then replied saying they would cancel on the basis of financial hardship and asked for wage slips, or a letter from my employer or benefits claim to prove I was in financial difficulty. I am not and find this to be rude and intrusive. 

 

Do they have any right to do this?

Since that correspondence I have received a communication from ARC Ltd asking for the full balance of the membership.

 

Based on what I have read on this forum I have prepared the following letters would you please advice me of anything you may add or leave out.

 

To Bannatynes

 

Quote

 

I refer to demands for payment and you should note my new address is as follows: -

 

I am fully aware that I am obliged to reimburse you any losses incurred for any contractual breach.

 

I confirm I will pay the remainder of my notice period for this membership that's the 30 days cancellation notice period required.

 

If you wish to ask for more money, please feel free to send me a detailed invoice outlining your losses because of my contractual breach, and I will be happy to re consider my position.

 

Enclosed is a copy of a letter I have sent to ARC Ltd, as I am very upset despite our open dialogue, I have received correspondence from this company.

 

Any further correspondence from them will be treat as harassment and the relevant complaints will be made to regulatory bodies and reviews of your services made on social media etc.

 

I trust this makes my position clear

 

Regards

 

 

To ARC

 

Quote

 

I refer to demands for payment and you should note my new address is as follows: -

 

Address

 

Write to me if you want to, but I will not pay any more money for this cancelled gym membership.

 

If you harass me, I will make formal complaints as necessary.

 

Regards

 

Thanks for your assistance I look forward to your input

[dx100uk]

simply ignore everyone

gym debts dont appear on credit files

gyms don't do court

a DCA is not a BAILIFF 

and have

ZERO legal powers on ANY debt - no matter what it's type 

[slick132]

Hi 6AM and welcome to CAG

 

Don't send any such letter to the gym or their agent, ARC. Pointless waste of your time.

 

You're right, they have no right to demand wage slips, letters from employer, etc.

 

If you moved 10 miles from a gym, you are reasonable in asking them to accept your cancellation. Having been treated the way you have by the gym, I wouldn't bother with giving them notice and paying a final month's fee (Bannatyne's demand 3 months, but never get it from folk here on CAG).

 

You should, however, make sure they have your new address to avoid the risk of action being taken that you don't know about.

 

So all I would do is write to Bannatynes and copy to ARC saying :-

 

Dear sir or madam,

 

I [am moving/have moved] away and my new address is 123, Road, Town, Postcode.

 

I won't attend your gyms again but will not supply documents about hardship or moving as requested - I have no need to.

 

Please ensure ARC do not harass me for payments or I will take appropriate action against Bannatyne and ARC.

 

Yours faithfully,

 

Send letters by normal post and keep us updated .........

[6AM]

This is latest correspondance From ARC

 

Quote

Following your recent contact with our offices, we advised you that your account would be put on hold as we referred your comments to our client for their instructions.

We write to advise that we have now received contact from our client. Please contact us at your earliest convenience by telephone (01932 251000) or via our webchat service ARC Chatwithin the the next 7 days for the update.

We should advise that if we have not heard directly from you within 7 days, we may recommence formal collections activity, which will include letters and telephone calls, in effort to reach an amicable solution to resolve this matter.

Kind regards,

what are your thoughts?

 

there has been no acknowledgment of my letters.

[slick132]

Simply ignore this but keep us posted.

 

[6AM]

Had further correspondence today attached threatening CCJ through Northampton County Court. 
 

don’t want to risk CCJ will they file just to be spiteful?

 

MAJOR
LAW
SOLICITORS

51 Quarry Street, Guildford, Surrey GUI 3UA

Email: dr@majorlaw.co.uk
Web: www.majorlaw.co.uk

All telephone enquiries must be
directed to ARC on their Customer
Helpline. Tel: 01932 251040
Web : www.arceuropeltd.co.uk
399983692100000

Please Always Quote

Re: Bannatyne Fitness Limited
Balance: £361.93

Dear Madam,
We act for Bannatyne Fitness Limited and have been instructed to contact you for recovery of the above debt which
we understand is still outstanding. We have been referred to previous correspondence sent to you by ARC (Europe)
Limited and are not aware of any reason as to why payment is not due.
The balance due to pay now is £361.93. A County Court Claim can now be prepared against you for issue in
Northampton County Court for the recovery of this amount. The following costs will be added upon issue:
Debt Balance
Court Fee
Solicitors Costs
Annual Interest (to be adjusted pro rata)
£361.93
£59.00
£50.00
£28.95
TOTAL
£499.88
As you can see the issue of Court Proceedings will mean that the amount claimed by our client could increase by

£137.95.

You are required to make a payment today. Please contact our client's agent, ARC (Europe) Ltd, directly via their
website www.arceuropeltd.co.uk where you can make a card payment. For full details of how to pay ARC (Europe)
Ltd, please visit their website. If you are unable to make an immediate payment or need to discuss your account
further, contact ARC (Europe) Ltd by web chat via their website or call their Customer Helpline 01932 251040.
You may want to seek independent legal advice or advice from a debt counsellor or the Citizens Advice Bureau or
similar organisation on this matter.
IF YOU IGNORE THIS LETTER WE MAY PROCEED TO ISSUE THE COUNTY COURT CLAIM IN 14
DAYS TIME AND WITHOUT FURTHER NOTICE.
Yours faithfully
Majorlaw Ltd Solicitors
MAJORLAW LIMITED is registered in England & Wales. Company Registration Number 8739618
Registered Office: 51 Quarry Street, Guildford, Surrey GUI 3UA
Authorised and Regulated by the Solicitors Regulation Authority (SRA No.: 613812)
Service of Court Documents by e-mail is not accepted

[slick132]

We've been here a long time and have NEVER seen Major Law take court action for a gym case.

 

Ignore this.

[dx100uk]

They nor arc can do court.

They do not own the debt.

 

Only their client can ever do court or the owner of a debt 

The debt has not been sold hence no notice of assignment.

 

Next time just scan letters to a pdf.

Much quicker than typing a useless threat-o-gram out 

 

Dx