ARC Farce

[BaldyBonce]

Hello chaps,

I was a member of Esporta for well over a year so completed my minimum term. Whilst being shown around before joining I asked what the cancellation period was and was told 1 month.

When I decided to leave well after the 12 months I gave one months notice sent by by Special Delivery and paid the final DD then cancelled it to make certain it would be the last.

I received letters from Esporta saying that I owe them a further 2 months money as their cancellation period is in fact 3 months. Admittedly, after referring to my contract it does say 3 months is required. However, I was told by their employee 15 minutes before signing that it was 1 month. I signed the contract without giving a proper read through as I knew what I needed to know verbally from the employee i.e. the monthly fee, the minimum contract period and the cancellation period.

Now I have ARC writing me letters saying that I must pay blah blah. What gets me is that my debt of £161 from Esporta is now over £350.

Are they allowed to levy their own recovery charges on top of the alleged debt?

I have written to them explaining the above but they seemed to ignore it. I told them that I acknowledge no debt to their company.

I received a letter today informing me that a court case is now being prepared against me. This I think is good news as I would like to deal with a fair court rather than a bunch of cowboys. One problem is that it says it will be Northampton County Court, is there any way I could get this moved to somewhere more local?

Thanks in advance for any help.

[spamheed]

Originally Posted by BaldyBonce

Hello chaps,

I was a member of Esporta for well over a year so completed my minimum term. Whilst being shown around before joining I asked what the cancellation period was and was told 1 month.

When I decided to leave well after the 12 months I gave one months notice sent by by Special Delivery and paid the final DD then cancelled it to make certain it would be the last.

I received letters from Esporta saying that I owe them a further 2 months money as their cancellation period is in fact 3 months. Admittedly, after referring to my contract it does say 3 months is required. However, I was told by their employee 15 minutes before signing that it was 1 month. I signed the contract without giving a proper read through as I knew what I needed to know verbally from the employee i.e. the monthly fee, the minimum contract period and the cancellation period.

Now I have ARC writing me letters saying that I must pay blah blah. What gets me is that my debt of £161 from Esporta is now over £350.

Are they allowed to levy their own recovery charges on top of the alleged debt? Unless such charges are stipulated in the origional agreement, then NO they aren't. neither is the Original Creditor allowed to pass on it's collection charges. they are responsible for paying the DCA

I have written to them explaining the above but they seemed to ignore it. I told them that I acknowledge no debt to their company.

I received a letter today informing me that a court case is now being prepared against me. This I think is good news as I would like to deal with a fair court rather than a bunch of cowboys. One problem is that it says it will be Northampton County Court, is there any way I could get this moved to somewhere more local? If and when you receive the Claim form, you will be given the option to have the case heard at your local County Court. The Northamptoon Court is the Bulk Handling Centre, so most Court Claims initially come through there.

Thanks in advance for any help.

You need to request a copy of the original agreement, even though gym memberships may not be covered by the CCA, you are still allowed to have them prove that you owe the money and that they have a right to collect on the debt, until they do this, they might as well be some fella approaching you in the street saying, "you owe me£xxx, now pay me". you may also wish to request where in the agreement does it give them permission to levy their collection charges against you

There is a prove it letter in the templates library, you may need to edit it, but it should suit your needs.

If you feel that this has been helpful, please feel free to tip the scales

[BaldyBonce]

Hi, thanks for the reply.

It says

"Reasonable fees of up to £25 may be charged in respect of certain changes affecting your membership status and for any non-payment of fees and charges".

It's good to know I can change the court to my local court.

How do I tip the scales?

Thanks.

[BaldyBonce]

OK worked out the scales bit

[BaldyBonce]

OK to quote a previous letter

"There is no Deed of Assignment available as the debt has not been assigned. Arc (Europe) Ltd acts as an "agent" for a disclosed "principal" named Esporta"

[spamheed]

heck of a difference between £25 and £200 methinks.

If you want to avoid the whole court thing and settle (and I'm not suggesting you should, just laying the options out for you)

you could always go directly back to the gym and pay the outstanding amount, or negotiate with them for an agreeable settlement, it always brings a smile when I think of those poor souls at the DCA not getting their hard earned commissions

[BaldyBonce]

I don't like the idea of giving either of them a penny when as far as I am concerned I have fulfilled my part of the deal. I paid by DD every month, never missed a payment, then gave the notice period I was told was required.

I might just let it go to court and have my say at least.

[spamheed]

Been there done that, and felt good about it

[ODC]

Demand wriiten proof from ARC about the alleged debt

[BaldyBonce]

Originally Posted by ODC

Demand wriiten proof from ARC about the alleged debt

Excuse my ignorance, but what would Arc have to produce exactly? An agreement between them and Esporta in writing? Are they obliged to provide this if asked?

They have already told me that "There is no Deed of Assignment available as the debt has not been assigned. Arc (Europe) Ltd acts as an "agent" for a disclosed "principal" named Esporta"

Thanks

[ODC]

Demand that ARC produce proof that you actually owe Esporta £350 i.e. a signed contract