HELP! ARC Collection Agency and Trevor Munn Solicitors legal threats for LA Fitness

[pacheco50]

I feel relived to have found that I am not the only person who is being pestered by this bunch of unprofessional so called solicitors.

 

Can someone please help me.

 

My friend suggested that via cosmopolitan magazine website there was a free 1 month trial period at LA Fitness. You signed up on line for the free month and entered you bank details but you had to cancel by 1month on.

So we thought we would go for it, we had to enter our bank details online then we were given a letter/voucher to take to the gym.

 

A couple of weeks into the free trial my father was taken ill and I could not go the rest of the time so my friend and I clicked on the link and cancelled our membership. My friend received a confirmation of the cancellation but I did not. Iit went out of my mind as I had so much on with my father being ill and I then went on Holiday for 2 weeks. Then to my horror I noticed that a payment had gone from my account. When I called LA Fitness in Doncaster they told me that my membership was not and LA Fitness one but a Lifestyle membership???. They asked me to put the details in writing which I did and sent to Doncaster Office.

 

I received a letter in October from LA Fitness stating that my direct debit had been cancelled etc etc and asking me to complete a new one.

I ignored it as I was still awaiting a response from LA Fitness to which I have had nothing until I got a letter from ARC chasing me for the money outstanding. I called them explained and also said to them that I had not signed anything or even had a membership card from LA Fitness. They guy from ARC said that he would send me a copy of my signed agreement.

I have received the agreement but there is no signature of mine only a copy of my bank details with a screenshot of membership details.

 

I feel this is a total con, can these people really expect me to pay a years membership given that I did not get the email confirming my cancellation??

Please can someone clarify for me whether I have any rights here it just seem ludicrous that this can happen. I am now being chased for £558.00 !!!

They have taken £58 in August as the first months direct debit which I also want back. Please can someone advise what to do next, Trevor Munn has now send me a threatening letter saying that documentation will now be prepared for the issue of an application in the Northampton County Court unless I pay the full £558.00 and I may be liable for another £125.00 and CCJ against me.

[Jooliveuk]

In the grand scheme of things £77 is not a lot to get these vultures off your backs for good. If there really is a question mark over the legality of the cancellation then it may be worth just doing that rather than facing the stress and strain every day of an ongoing feud with these people and the possibility of court costs on top.

 

It can be done without conceding anything saying in writing that there clearly has been a misunderstanding here as to what constitutes a valid notice of termination and you are prepared to settle on the basis that they remove any default (if there is any) on your credit file.

 

There are times when principles have to take a back seat in favour of a stress free life.:-|

 

I am big believer in knowing when to pick your battles.

 

Come on now it's precisely that sort of attitude that allows these low lifes to operate in the first place! I am currently disputing an invalid debt claim and will defend it all the way.

[Jooliveuk]

Come on now, its precisely that attitude that allows the low lifes to operate as they do in the first instance. I'm disputing a small invalid debt claim and shall do so if it goes to court.

[dummy]

Hi

Would appreciate if someone could help me.

I had a membership with David Lloyds (12 months contract etc.)

When i signed up the contract i was promised verbally that i will be given 6 guest passes. This never happened, i have been asking them about that every single time when i am in the gym. Their reply - we will pass your message to the relevant department and nothing ever happened. I wrote a letter of complaint to the Manager of the club re the passes and stating what a poor customer service they had, etc. I stressed that i have asked the staff to advise me what the complaints procedure was and noone had a clue about that. So in my written complaint i requested to get an explanation as to why i did not receive the passes and also requesting a copy of the complaint procedure. In few weeks time i was invited to meet the Mangaer. We met, had a chat and he said he will sort out everything. I didnt hear from him for 2 months, nor i have received passes, nor i have received copy of the complaints procedure. So i cancelled my direct debit. During that time i did not vosit the club.

Now they have given me to ARC and i got all these letters quoted above inckl David Munn's ones. They also keep phoning me nerly every day.. I have made it clear to them that i am disputing the amount payable and they shpuld stop action because of this fact. I also stated they are harrassing me and I only wish to communicate with me in writing. I quoted Section 40 of Adm of Justice Act and pointed that they cannot send me text messages to call on a premium rate number etc......

They have indeed stopped calling me but keep sending me letters.

Do u think that i can still challenge them and David Lloyds as they failed to respond in writing to my complaint and never sent me a copy of the complaints procedure.

ARC are telling me that it is my fault as i didnt chase David Lloyds to respond to my complaint in writing and as i have an agreement with them i have to pay the remaining memebrship fees for the rest of the contract..

What would your advise be. How should i proceed?

[md49vd]

I joined my local La Fitness Gymn in July and at first i signed up for some information online and in doing so i entered my number and stuff, next day i got a call from them saying if i wanted to have a look at the gym, i didnt really want to but they were very pesuasive i agreed to. I went the next day they gave me a tour and then tried to make me sign up on the day, i didnt want to but i asked them if i could sign up for a month only because i didnt want any long term agreement as i was going back to university in september. They told me orally that i could do a rolling contract monthly and i could cancel when i wanted. So they printed off the document, took my card details and told me to sign the contract, i didnt really look at the contract and signed it. Now a few months later i see i kept getting charged monthly so i called them up and told them it wasnt on, they told me i signed a year contract and i couldnt cancel, so i asked them to cancel my membership for after the end of the year, so i got a letter confirming cancellation of the membership after the year. But i still wasnt happy so i cancelled by direct debit. I then got a letter from ARC demanding payment of around 250 quid. I ignored it. Then got a solicitors letter from Trevor Nunn demanding payment.

 

What should i do? continue to ignore it, or write them a letter back, they've tried phoning me but i refuse to answer any calls from numbers i dont recognise, so they texted me saying plz contact us and quote this reference number. I havent done it yet. I wanna complain that they harassed me into signing a contract i didnt agree to, i agreed orally to rolling contract and their manager deviously got me to sign a long term year contract. I am a poor student without a job my only income is from the government for my university loan which i spend on food and books and living. This is out of order.

[dudds23]

Hi There,

I am having the same issue here with them chasing £280 because i cancelled early.

 

I have recently moved address and around the same time got a new phone contract which issued a new telephone number.

I have been reciving letters because we had a postal re-direct but this only runs until April.

Basically they have no contact telephone number or address.

 

My question is, will these people be able to find out any new details on where i live etc?

Do they have the power to do this?

 

Thanks in advance for your input

[civvy]

Our son is also being harassed by the thugs Trevor Munn/ARC, has threatened to call the Police and report them for harassment if they don't stop. Again L.A. Fitness and their 'rolling contract' nonsense. A year's contract is just that - for one year, son cancelled verbally. L.A. say they have no record - tough, if they are so incompetent. Threatening action in Northampton C.C. - I think they hope that you won't turn up so they can win by default, no chance, we've told them we are looking forward to seeing them, and that we have researched them on the internet and think that a District Judge will find their publicity riveting. I am pretty sure this is Unfair contracts territory, anyway we've basically told them to get stuffed. They are a bunch of chancers who think they can bully people, I think everyone who has experience of these twerps should tell them where to get off. Us? We are so looking forward to a day out in Northampton. Will keep you posted.

[tiglet]

actually, if they go ahead, you can get it transferred to your local court.

[Blondmusic]

Could everyone who is having problems with LA Fitness please start your own threads. They will get lost in here and you will get the help you need if you start your own thread. Thank you.

[willarch]

Just a quick message I have had trouble with Trevor Munn.On a debt I paid to a Fitness club now defunct.He even had my address wrong.Anyone in same position should report him to CSA.Newcastle NE5 3 AJ.

Telehone number 01912865656.

Willarch

[cybershopper]

My case is fairly simple and solid but I am experiencing the same problems. I have today written to Munn and Arc and I have provided a copy along with a separate letter questioing their practices to 3 directors and 2 key managers at LA fitness - lets see what happens next:grin:

 

 

 

Letter to Directors etc

Arthur McColl Director

Martin Long Director

Ross Chester Director

Steve Gosling Finance Manager

Tony Orme Sales and Marketing Manager

 

The purpose of this letter is to give you the opportunity to consider the bigger picture in terms of LA Fitness and the impact of its current debt collection policies on its brand and longer term revenues.

 

I can understand that a company such as yourselves does not want to be a soft touch when it comes to enforcing direct debit defaults, but if my experience and any of those found in the WWW are anything to go by, your policies and those of your associates are over the top to say the least.

 

We are coming to the end of a recession and I am under no illusion that businesses such as yours have felt the pinch as much as most, given that Gym membership will be seen by many as a luxury that has to give during difficult times.

 

That said, can you not see the wood for the tress? Many cancellations will be like the proverbial Red Crabs returning to their Christmas Island and rejoining LA Fitness in better financial times ahead. But your policy of persecuting leaving customers can be compared with the acid squirting crazy yellow ants of Christmas Island who are decimating the population.

 

So that’s the immediate impact, but what of the wider effect – well I certainly had no problem in googling negative comments on the Web in terms of LA Leisure, Arc Europe and Trevor Munn.

 

Much of your marketing has been through large employers seeking company membership

Do you think these members don’t talk to each other?

Do you imagine that your systems are clever enough to identify influential people within such organisations and so not persecute them should they have the audacity to leave their Gym?

 

It seems like your employees and associates are playing a game and they just can’t see what damage they are doing. Administration is so poor, they cant seem to be able to differentiate a cancellation within terms and a debtor.

 

May be you all condone this, but given the number of directorships amongst you I would doubt it.

 

I have enclosed a copy of a letter sent today to Trevor Munn and Arc Europe and also a copy of my previous letter to give you a feel for my circumstances, which are in fact only the secondary purpose for writing this letter, the primary being to help you see what is going on in your business.

 

 

 

LETTER TO ARC AND MUNN

 

 

E mailed to Arc Europe

Sent Registered Post to Trevor Munn

I don’t know what fees ArcEurope/Trevor Nunn are charging LA fitness. May be their Chief Financial Officer, Steve Gosling can reconcile your fee on his balance sheet, however if Tony Orme, the Sales and Marketing Manager along with the 3 directors take a long hard look at the damage to image and brand this practise is causing, then just may be the days of your contract are numbered.

 

Anyway…………..Thank you for your anticipated letter – my friendly solicitor really knows his stuff! He has cited a number of cases in the public domain where you have employed “bully-boy tactics” to obtain monies from LA fitness customers, but to no avail.

 

I am expecting your next move to be either lodge the case in court (probably Northampton) or you will appoint Scotcall debt collecting agencies in an attempt to scare me into paying a debt that is not valid. Whatever further intimidation you try, I have a response in waiting.

 

I know that should this case be presented before the court, the case will be ruled in my favour and your client will be liable for costs.

 

I am insisting that you or your client provides me with a signed contractual agreement with LA fitness which substantiates your client’s claim against me for £29.75

 

I know that contractually, your client does not have this, otherwise I am sure such a document would have been presented by now.

 

I would expect to receive this no later than 8/3/2010. Should this document not be provided and you continue with this charade of intimidation then you/Arc/LA fitness can expect legal action for harassment and costs.

[grazzer]

Hi -Just to say I'm being pursued by LA Fitness. Similar story to many above, now getting letters from ARC, though no solicitor as yet (no doubt the next step).

In my case they're claiming I didn't give notice of cancelation even though I did try to do so in person, by email, in writing and by phone.

One thing I've discovered, that threw me, is that the line for cancelations has a habit of dropping the call when busy (no queue, no 'please try later message'). I thought it was faulty and complained by email. Eventually I was given an address to write (no explanation of the phone system at this point, I was thinking it was faulty). I duly wrote to them.

Later on they get in touch saying I owe for another month (which I didn't use) and say I can't cancel in writing, a line I get repeated in several phone calls and emails.

Now ARC are on the case they're saying you can cancel in writing but they didn't get the letter.

I'm fully intending to stand my ground as they can't keep their story straight and at least on some points I have emails and letters to support this.

IMO unless you really are at fault don't give in to them, they seem to more interested in bullying than trying to build a watertight case. My advice is stop answering the phone, get them to put stuff in writing because when they give themselves away you'll have a record of it.

If you do answer the phone and try and argue your point, they flat out accuse you of lying. If you make any headway they'll just get off the phone as quickly as they can.

[greenmickw]

Found this thread on search engine and, as I'm having trouble with Trevor Munn/Arc/et al...I took advice from my solicitor and sent the following letter - it may help anyone to deal with such Companies. Good luck! GreenMick

 

Trevor Munn Solicitors

P.O. Box 503

Walton on Thames,

Surrey,

KT12 2XR

　

Date: XXXX

　

　

Dear Sir or Madam

Your ref: XXXX

Thank you for your letter dated XXXX the contents of which have been noted. However, on the advice from my solicitor, my position has not changed and he suggested I should contact the Insurance Ombudsman regarding this matter.

Also, I was advised to let you know that, if necessary, I am happy to state my case in the County Court.

Yours faithfully,

Edited February 9, 2011 by greenmickw
to provide more descriptive information.

[grazzer]

To follow up on my last post I got around this by writing to all of them (ARC & LA Fitness both) with all the key points I could think of, but also demanding to see a copy of my contract and for them to explain which clauses they considered supported their case. Turns out they couldn't find my contract so they dropped they whole thing (and tried to apologise).

 

So I think: -

 

ARC & Trevor Munn will generally keep going, it's the firm you have a dispute with who will call them off, so copy letters to all parties.

 

It's all about bullying and making you cave in. This is not a slick professional setup, in general they not spending ages putting together a watertight case against you. Stick to your guns and they have most likely stuffed up on something really basic, like not being able to find key paperwork, or not really knowing the basis for their case.

[slick132]

Hi Greenmick and welcome to CAG.

 

Insurance cases are now handled by the general FOS, although I wonder if yours is an insurance issue.

 

I assume it actually relates to a dispute about m/ship fees with one of the gyms.

 

Feel free to start your own thread if you want to discuss your case further.

 

8-)

[intheblack]

gyms are notoriously bad for this - these things are like flies round your ankles

they get you down

best to just tell them that you are going to badmouth their gym as harassing

and unprofessional all over the land

arc and trevor munn are deadbeats - lawyers who never cut it and they never take it any further

 

they bugged me on christmas eve and they never heard the last of it from me -

especially as i had been a loyal member for 10 yrs - i told them they were dog turds for 59 pounds!!!

when i HAD given written notice of leaving the dump