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Old-Nail

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  1. In answer to the above questions I can confirm that; 1/ The Trevor Munn letters are simply a bluff by ARC to frighten you into paying. Looking back, I now see that they are simply an amateurish and feeble attempt to intimidate. I ignored them all with no ill effect. 2/ ARC will 'play' you right to the wire, using telephone harassment, threatening letters, and repudiating any claim you might make that you are not liable for the so called debt. They only stopped when they saw that I had contacted the OFT regarding their methods, having first methodically logged all their calls, and sent appropriate letters (by registered post) requiring them to submit all further contact in writing only. Don't waste any time (or your breath) trying to reason with them, they're just not interested. Keep a copy of all your letters to them, and force them to write (not call) to you, as telephone harassment will be denied by them. Remember to log all telephone calls, note the time, date, and ask the name of the caller - then hang up. Don't feel ignorant, they are! Send all your letters by registered post or ARC will also deny ever having received them. Keep your post office receipts too which are used as proof of letter delivery. The best way to quieten them is to write to them, and allocate a named person to handle any future claims from ARC/ David Lloyd on your behalf. (Much as you would a solicitor, and any name real or otherwise will do) I made a nice name up, and then used c/o my own address. That 'person' will then be the third party responsible for handling all future claims against you, which must be in the form of written correspondence. This means that you personally are not dealing with the claim, which in turn means any subsequent phone calls to you personally are contrary to the OFT guidelines. Having delegated the matter to your selected person, and notified them of his or her name, and a valid postal address (Only! - No phone numbers!) for them to contact him/her strictly in writing only, then they are no longer allowed to contact the original person directly, either by telephone or by letter. If they do not comply with this you then have grounds for a harassment claim and can inform the OFT. By using this method all further correspondence is done through a possibly very lazy third party that doesn't even bother to call round much to open his mail, let alone reply to it, and of course it's nothing to do with you. ARC love making nuisance telephone calls, but hate writing letters. Especially when those letters cost them more to write and send than the phone calls do, and often go straight into the bin. There are laws, and OFT guidelines which must be followed by any debt collection agency, be aware of them, and of your rights, and use them to protect yourself.
  2. I have now written to ARC giving full details of the situation between myself and David lloyd, they were left in no doubt that this so called 'debt' is disputed, and that I require written contact only from them. Their written reply was that their client has confirmed once again that the 'debt' must be recovered, and as such they will continue to use all methods necessary to recover the debt. I have now used and modified the OFT letter template from this site, I have made a claim of harassment, and have included copies of my correspondence with ARC, and the log of names, dates, and times of the phone calls. Let's see what becomes of this then.... If I win this case I intend to make a donation to this site out of the money saved, some very helpful info on here, and thanks for your support!
  3. Update on this. Despite my receiving a begrudging note containing the details of Sally Hillman from Paul McNicholas for my appeal, I received a phone call yet again from ARC demanding money. I told them of the situation, and the fact that any appeal I had made has not yet been heard or answered and was told that Angela Hill the membership manager has emailed the details through this morning for pursuance. Does this mean the appeals process that I requested as part of the company grievance procedure has been breached?
  4. My thoughts exactly. When reading through this excellent website I was amazed at how many others had suffered a similar fate at the hands of the fitness industry and ARC collections. Why hasn't a concerted effort against them been organised before now I wonder? I've had three letters from Trevor Munn so far, each one huffing and puffing a little harder than the last. I 'Googled' him, obtained his actual address and not the 'via ARC' one that his letters give, and sent the reply there! I'm also wondering if writing to a national newspaper, or my local MP might do any good? My experience so far isn't promising, I have already written to the BBC, who recently asked for relevant stories to be sent in for an upcoming new series called 'Rip off Britain", I received no reply. The main obstacle as I see it, is that many of the big directorships are, to coin a phrase, "All Pi**ing in the same pot" and therefore don't like to upset each other by investigating malpractice. This is why I would like to picket and leaflet gym members personally to raise awareness of the treatment they can also expect should they decide to leave. Finally, with regard Trevor Munn/ARC I believe that unless ARC actually take me to court and win, then they cannot place me on a credit blacklist as I have not defaulted on a credit agreement. They can pursue me only under contractual law which has nothing to do with credit.
  5. Great stuff. I will be writing to Mike Tye first as advised above. Ironically, the day after posting my last post on here I did receive a reply from Paul McNichols, a very short one that simply stated that I had 'exhausted' the grievance procedure at club level. He then gives me Sally Hillman's details and adds that; "The regional director is the final level of our company escalation process and will confirm the company's position" This final comment appears to pre-judge Sally Hillmans decision somewhat don't you think? He's hardly expecting an impartial investigation then, which is why I'll be writing to Mike Tye! I shall have some leaflets made up should I get no satisfaction and fully intent to picket and leaflet members at the nearest convenient public place outside the gym, which is the entrance to the approach road. All are welcome! If I can get enough volunteer support for the picketing days I will ring the newspapers to attend as well, publicity is death to little tyrants like McNichols.
  6. Thanks for the name + info, I will write. Do you happen to have where he can be contacted or do I address the letter to him via the David Lloyd head office? I also wish I had their remarks recorded, I do have the letter from McNichols though in which he assures me that both of them have been reprimanded, however he states that "because of confidentiality and data protection I cannot reveal what steps were taken" Pity he didn't take such good care when issuing my data incorrectly to ARC collections!
  7. The problem is that I have written to David Lloyd's head office once regarding this matter and they simply passed it straight back to Paul McNichols to deal with! I suspect that he and Sally Hillman are friends, or at least familiar, and therefore no action is taken, as is confirmed by the chap who has written above. One David Lloyd employee responsible for collections actually told me that the only way they would not continue to harass me for money was...and I quote "If you were dead!" I took her name and reported her but again I got nothing but a 'reassurance' that she had been spoken to. On another occasion while explaining by telephone to Angela Hill who is the recruiting officer at the Chorley branch that we would neither pay, nor could afford three more months charges she said; "I am a single mother, if I got in trouble with my mortgage no one would help me, so why do you think David Lloyd should help you?" It appears to be lost on these people that we don't actually owe them anything!
  8. Hi, Interesting to hear of your treatment by David Lloyd Chorley. My partner and I have been members there for three and a half years but when we recently tried to leave we received calls from ARC debt recovery. We explained that we had given notice and left but they insisted that we owe £281 each as no notice had been given! We had given it in person to the girl on reception but David Lloyd's poorly trained (and constantly changing) staff at this branch had lost it, AND failed to issue a receipt. I have written to the general manager a Mr. McNicholas who has written back saying that he refuses to speak further on the matter! Not only this, but it has come to light that we were mis-sold the original contracts back in Feb 2006, having been given separate contracts despite joining together as a couple! The single contract [problem] has cost us several hundred pounds more than a joint membership would over this period, and now we are being pursued for two lots of £281 for 'failure to give notice". McNicholas refuses to look into this, stating that there is 'No proof' that we asked for a joint membership at the time!! I mean, why wouldn't a couple, attending together at the same time not require joint membership?...it stinks! Meanwhile ARC continue to hound us despite letters asking them to communicate in writing only. I am thinking of picketing the gym and leafleting the members to make them aware of the unjust way that this branch is being run.
  9. Thank you very much for that, I will be complaining! Is it wise to let ARC know of my intent or to just do it? Also, who do I complain to about this Trevor Munn character, he gives out different business address and contact details to those of his actual company? Surely that isn't ethical?
  10. Thank you. I'm not aware of any of my legal avenues but I'll be damned if I'm letting these ARC bullies put me under pressure. Has anyone yet tried to sue ARC for causing unnecessary mental distress or something similar? We all have our own reasons how or why we have fallen victim to these people but I am concerned that I may be 'blacklisted' for something that isn't my doing.
  11. My partner and I are currently being harassed by ARC on behalf of David Lloyd because they lost our notice. All the usual stuff by ARC, multiple phonecalls, letters, threats, Trevor Munn. I have used information from this site, and template letters available here and I must say that they have made no difference at all! Still the phone calls come, still the letters etc. Is there a body that I can report ARC to for illegal/unethical conduct?
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