David Lloyd/major Law claimform - £900 'couples' gym membership arrears from 2018

[BlossomFire63]

I had a Couples gym membership in 2018 with DL. I gave notice and they advised that I had to pay a further three months of membership.

The debt went to ARC and now received documentation from Major Law Solicitors. The debt was £898 and has now gone to £1127 with solicitor and court fee. 

The top of document says Claim Form,  County Court Business Centre, Nottingham. 

It has admission form, admission and defence form or acknowledgement of service allowing 28 days to make defence. It also has I&E. Is this a formal court process to move towards CCJ. 

I don't want a CCJ as I  want to buy a house. I just want to clarify is a claim form the same as a letter of claim? I have completed acknowledgement of service via MoneyClaim.gov.uk to give myself some time to decide what to do. 

 

[BlossomFire63]

Name of the Claimant ? David Lloyd

How many defendant's  joint or self ? Self

Date of issue –  17th August

Particulars of Claim

 

What is the claim for – 

1.The claimant claims 975 pounds and 73 pence being the balance of consideration outstanding to it under account number ……… in respect of services rendered to the defendant

2. the claimant also claims interest thereon pursuant to s 69 county court act 1984 limited to one year to the date hereof at the rate of 8pc per annum amounting to 79 pounds and 73 pence.

3.The claimant claims interest under section 69 of the country court act 1984 at a rate of 8% a year from 05/07/2022 to 15/08/2023 on £896.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.20.

What is the total value of the claim? 1115.73
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I think I received a letter from Major Law in July 23 stating I needed to enter an arrangement or I may go to court. I did enter an arrangement with ARC but have not kept up with due to financial difficulties.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
 

When did you enter into the original agreement before or after April 2007 ? After 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? On phone
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? I stopped my membership and they stated I Still had to pay for three months memberships for 2x people as the membership covered me and my partner. I was on a payment plan but then ran into Financial Difficulties.
 

What was the date of your last payment? August 2021
 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

Claim Form 23 .pdf

[BlossomFire63]

Hi Apologies,

I had to travel with emergency hence why I haven’t responded.

I have realised I got the membership around October 2020 and had it until 2022 July.

I had the membership frozen I think from Jan 22 and DL said I could freeze for a fee of £30 pp

when i went to cancel after it had been frozen, DL advised I will have to pay full price for a further 3 months.

I am going to go through my bank statements and check when I stopped paying.

I think the debt went to ARC Dec 2022 ,  I will look what payments to them.

I have completed AOS on MoneyClaim. And will follow next steps as advised

[BlossomFire63]

Hi there, 

 

Apologies for the poor punctuation and grammar issues. I noticed on the claim form that the reference number for Major Law is the same reference that ARC Europe Limited used when they previously contacted me.

 

I spoke to ARC Europe Limited this evening. The person I spoke with stated that ARC Europe Limited are chasing the debt on behalf of DL and that ML are the legal representative.

 

They have my DOB recorded incorrectly on the debt. The date and month are correct but they have my partner's year of birth, it appears they have merged details as we had a couples membership. 

 

I did make DL aware that I was experiencing financial difficulty but I do not have copies of my emails unfortunately. 

 

I spoke with ARC with June this year re a payment plan but did not keep up with it. 

 

I will send off my CPR 31.14 letter by recorded delivery tomorrow. 

Correspondence with David Lloyd. 

I have found an email from DL stating I owed this amount. This was dated 02.02.22 .

“I’m writing about your membership at David Lloyd.

We just wanted to let you know that this month’s membership fees have now become due and you have an outstanding balance of £172.75. To bring your membership at the David Lloyd Club up to date, you can pay by credit or debit card.

I did email David Lloyd about my membership and financial difficulties however I have not saved it.

I have a confirmation email from DL dated 17.02.22 confirming I contacted them about my membership. 

Reference No: [xxxxxxx] Hello, and thanks for getting in touch. This auto-reply is to let you know that we've received your message. Your unique reference number can be found just above in the subject line. We'll get started on your query right away and be back in touch as quickly as possible. Kind regards, David Lloyd Clubs

 

I think I requested to end the membership around May 22 and DL advised that I needed for pay June, July, August 2022.

I do not have the emails though.

I am currently going through my bank statements to ascertain when I stopped paying DL. 

Correspondence with ARC 

Email from ARC Europe - Jun 30, 2023, 11:39 AM

 

Details of Payment Plan

ARC (Europe) Ltd. Reference: ********* (David Lloyd Clubs) Outstanding Balance: £896.00

Dear ————,

Thank you for setting up a payment plan with our Customer Support Team. Please see the full details below.

This agreement will be subject to periodic review. 

Have any questions? 

Should you have any questions in connection with this plan or for any other reason please speak to us via webchat by visiting our website www.arceuropeltd.co.uk or call us on 01932 251000 quoting reference xxxxxxxx

If you are in financial difficulties we recommend you contact one of the free organisations who give free debt advice.

We should advise that if we do not receive your payment as per the agreed arrangement, we will recommence formal collections activity, which will include letters and telephone calls, in effort to reach an amicable solution to resolve this matter.

If we hold your card details to facilitate this payment arrangement and you wish to cancel or amend this payment method, please call us on 01932 251000 before the day payment is due.

Kind regards,

Customer Support Team ARC (Europe) Ltd. customers@arceuropeltd.co.uk Tel: 01932 251000

Office Hours: Monday to Friday: 8.30am – 6.30pm Saturday: 9.00am – 1.00pm.

 

From: ARC (Europe) Ltd Reg Office: Kent House, Churchfield Road, Walton-on-Thames, Surrey KT12 2TU Registered: In England, No. 4214145

[BlossomFire63]

1. I've tried to log in to DL app and it states my membership details are not recognised. 

2. I cleared my personal email inbox a few months back hence why I do not have my emails. 

3. I have found one archived email from 5.11.2021 which states I wish to cancel my membership can someone please contact me to discuss. 

4. I spoke to DL in November 2021 and said I could not afford my full membership due to financial difficulties. They stated I could freeze the membership for a fee of £60. 

5. I then contacted them in around June 2022 to say I wished to cancel membership. 

6. DL advised that because the membership had been frozen for a period of time that I would have to give a further 3 months notice. 

7. The debt relates to that three months notice £260 x 3 plus they have added late payment fee and interest. 

8. I completed the AOS and have sent a letter to ML re CPR 31.14

9. I have tried to log onto my MoneyClaim account since submitting the AOS and it now states the claim number or password is no longer recognised. So I am trying to call the business centre to check this. 

[BlossomFire63]

Shall complete SAR by email or letter in post or both? 

[BlossomFire63]

I have now completed SAR via email to the gym and got a case reference number for the request. 

[BlossomFire63]

Shall I use in my defence that DL stated that I provide an additional three months' notice, effectively extending my membership commitment beyond the original 12 months. Then refer to OFT stating that such terms can be considered unfair and unreasonable? 

[BlossomFire63]

3 hours ago, slick132 said:

Hi Blossom, 

Your post above is very useful but can you provide more about :-

3. Did your email state financial hardship or something similar? Confirm the relevant wording that you used.

4. Did you pay the £60 to freeze the m/ship, then no more until you tried to cancel in June 2022?

5. and 6. Were these communications by phone or was anything by email.

7. Ignoring interest, what penalty charges have been added.

Lastly, please detail what amounts you paid to the gym or ARC since you told confirmed you could no longer afford the monthly fees.

3. I emailed DL to state ' can I speak to someone regarding my membership'. With DL you have to email any request or put a request through the DL app. Then they contact you within 3 days and provide a case reference number. Then a person from DL membership team called me and I verbally advised them I was in financial hardship. 

4. When I tried to cancel my membership they stated I could not cancel if it was frozen so I reactivated it. I gave formal notice to cancel my membership May 22 and paid £345 on 31st May. Then advised I need to pay a further three months as a notice period. 

5 and 6. My communications were mostly by phone. I did send an email to DL around May 22 disputing the membership period and that I felt misled about cancellation process. I do not have a copy of this email. 

I made two payments to ARC on 1.11. 22 and 1.12.22 of £100 on both occasions. 

ARC contacted me June 23 to ask why payment arrangement had failed. I advised ARC that I was in financial hardship due to changes in my employment. ARC agreed a payment plan of £38 per fortnight June 23. I failed this plan due to emergency car repairs.

[BlossomFire63]

21 hours ago, slick132 said:

Answer Q 7 please 

DL has added £116 for late payment fee back in 2022. The original debt was for three months membership which equals £780. 

I completed SAR and DL came back to me with correspondence. I have pasted correspondence re membership in attached word doc and record of payments. Hope this helps. 

SAR - DL.pdf

[BlossomFire63]

I am glad I did the SAR and there seems to be charges for membership post 1.10.22 when they confirmed the membership had expired. 

[BlossomFire63]

Sorry my initial thread stating 2018 was an error. My membership started 21.08.2020. DL have sent me all correspondence via excel spreadsheet so I will try to  redact and convert to PDF at some point tomorrow. 

I have done another quick scan and these are the only communications where I have mentioned finances. 

2.6.21

Comment: I have been unable to pay my direct debit on time this month due to emergency outgoings. I will make payment on 13th June

4.11.21

RCB1= Incoming call - member wanted to advise she will make the outstanding payment on the 15th of November due to an work error not receiving full salary.

Member has been advised as long as the payment is made on the 15th there shouldn't be any issues getting in the cllub

8.1.22 Optimus added a note:

08 Jan 2022, 9:03 PM GMT

Member Telephone:

Comment: Membership  i will be paying this months installment on 20th January. I've been off work due to covid and therefore not been paid. Ive reinstated the direct debit.

[BlossomFire63]

Sorry my initial thread stating 2018 was an error. My membership started 21.08.2020. DL have sent me all correspondence via excel spreadsheet so I will try to  redact and convert to PDF at some point tomorrow. 

I have done another quick scan and these are the only communications where I have mentioned finances. 

2.6.21

Comment: I have been unable to pay my direct debit on time this month due to emergency outgoings. I will make payment on 13th June

4.11.21

RCB1= Incoming call - member wanted to advise she will make the outstanding payment on the 15th of November due to an work error not receiving full salary.

Member has been advised as long as the payment is made on the 15th there shouldn't be any issues getting in the cllub

8.1.22 Optimus added a note:

08 Jan 2022, 9:03 PM GMT

Member Telephone:

Comment: Membership  i will be paying this months installment on 20th January. I've been off work due to covid and therefore not been paid. Ive reinstated the direct debit.

[BlossomFire63]

No I haven't specifically advised about hardship. Here is all of my pdf evidence. 

Evidence DL membership.pdf DL emails 23 .pdf

No you haven't missed anything. That is correct yes.

Edited August 31, 2023 by BlossomFire63
incorrect file added

[BlossomFire63]

No during the October, November 2020 lockdown of gyms I wasn't charged. Yes I agree I need to focus on the 3 month cancellation as my defence. I've prepared myself if they don't rule in my favour and managed to save the money to avoid ccj. 

[BlossomFire63]

Thank you. Here are the payments to DL and payments to ARC.DLY Payments 2022.pdfDLY Payments 2022.pdf