Hope this is the right spot for this ..

. my first visit

- first time I've been threatened with a court action, too - scary!

In June of this year I cancelled my gym membership

- no valid medical reason

- we just weren't going.

I had been a member for a couple of years but

- and guys no laughing!

Swimming three times a week was wrecking my hair..

.. okay you're allowed to laugh a little but just quietly please

I went to my bank (Barclays) and instructed them to cancel my direct debit.

They did.

At least - they told me it was cancelled.

They helpfully advised me to let the gym know.

Soon as I got home I phoned the gym (Virgin Active at the time) and explained I was cancelling

- life too busy etc etc...

and they asked me to let them know in writing and said an email would be fine.

I emailed them that same day

- expaining I was cancelling my membership and had stopped the direct debit.

Job jobbed.

I thought.

Didn't hear back from them so I presumed it was fine.

Meanwhile - and this may/may not be significant? Virgin Active sells out to David Lloyd Clubs)

Didn't look at my bank satement very carefully until a couple of months later

- (I know, I know shocking... what can I say??? ) and it was then I noticed that the gym payments were still going out.

Puzzled and miffed I went to the bank.

They checked. yes, the direct debit was cancelled but the company that took over Virgin active

- namely David Lloyd

- had started up the direct debit again.

I had no idea they could do that!

So - nice bank lady said not to worry

- they would sort it out

- the money would go back into my account,

they would block David Lloyd from taking money out of my account (sheesh that's still a scary thing to type)

- but she says

- if I ever want to go back to the gym I would have to unblock David Lloyd in order for them to take money for a direct debit

- as if that is likely to happen after the way they conduct business!

The story continues.

Few weeks later I get a phone call from a company called Arc Europe accusing me of being two months behind in my gym membership payments.

Argh.

I take a deep breath and explain that I have cancelled my membership with Virgin Active.

.. explained bank/phone call to gym/ email notification to gym, thank you please don't contact me again.

Phhht no good - phone calls text messages, threatening letter

- pay up or else you'll go to court and your credit rating will be affected.

... blah blah blah oh and by the way we have added some admin fees.... !

And then this morning an even scarier letter from Major Law solicitors

- wanting even more money and how it will be easier and cheaper if I pay now.....

lawd.....

What do I do?

I'm rubbish at paperwork...

no idea where my original conract is with Virgin Active...

. and I have deleted the email I sent to them confirming I was cancelling my gym membership.

Sorry this turned into a ramble.

Any one got any advice?

Going to see someone at the bank today

- maybe a letter from them confirming when I actually cancelled the direct debit will help?

Cheers

post up the latest letter with your personal details redacted. It is most likely just another threatogram sent out by a law firm because they ate paid to send them and they have no more real clout than a letter sent by my cat.

Ask yourself, if you owed someone £60 how come it is now £100 just because someone else you have no dealing with has told you so?

Thank you ericsbrother

I don't know how to get rid of personal details from letter - I'm thinking scan it then put it onto photoshop and scribble over bits???? Sorry - am old and useless at technology

Off to speak to bank now - will take letter... back this afternoon, will post letter up here if I figure it out

Cheers

After talking with the bank. Managed to establish that I did cancel the direct debit on 5th June.

The company proceeded to set up another DD and took a further two payments.

The bank reimbursed me for these.

Bank phoned the company while I was there.

They say they have no record of my email cancelling the DD and without it they will expect me to pay those extra two months. Phhhht.

I have deleted the email... cannot find it...

. am gonna have to stump up for those extra two months????

They know it was cancelled because they had to set up a new one!!!!!

Argh....

Check again your email and the sent part of it and see if it's there.

Good advice from Consumer dude to check your "Sent" emails in your email provider.

If you have deleted your "Sent " emails too then while it may be a bit more difficult to prove it shouldn't be impossible.

From your first post the bank admitted that you had cancelled the d/d but the new company had restarted it. One thing you have not mentioned is the timing of these events. For instance how long was the time between the last payment you made to Virgin and the first one to David LLoyd. And how long was the gap between you cancelling and Virgin selling .

You should be able to fall back on the direct debit guarantee the first reason is that an error has been made and the second is that you should receive notification if any change is made to your d/d.

I see that you appear not to have contacted either Virgin nor LLoyd to get their take on the matter. For instance it would help if Virgin would confirm that you had cancelled your membership.

Then why did your bank allow the d/d to be reinstated by another company without your permission.

If things really become difficult you might have to SAR your bank to see what they did with your email.

Hi folks,

Thanks so much for taking the time to respond.

Yes, unfortunately I have checked my sent email folder and deleted email folder and archived email folder

- also online email account with my service provider and cannot find a trace of it

- their records only go back to July and the said email was sent in June - so - no chance of proving it that way.

I have an appoinment with the new company (David Lloyd) who keep on setting up new DD..

. gonna have a face to face with them.

Though really, the company I cancelled with was Virgin..

. maybe I can get some contact details for them..

. I will be able to confirm exact changeover from Virgin to David Lloyd whan I chat with the gym this week.

Once again, cheers for all your help and suggestions.

Lodge a formal complaint with the Gym IN WRITING, and obtain 'proof of posting' which is free from the PO counter.

The cancellation of the DD was indication enough you were cancelling the agreement.

STOP talking to powerless DCA's over the phone, if they ring, laugh and hang up.

In your complaint to the gym, ensure that they are aware of your disgust at their treatment of customers, and passing on your details to powerless debt collectors, when there is no debt in the first place.

moved to the gym forum

if you owe anything

offer ONE MONTH after the DD as you cancelation required you to give 30days notice

refuse any admin fees

lots of examples of the slick132 letter here already

royal mail not email

dx

Hi Acqua and welcome to CAG

First off - Major Law are well-known to us here over the years as they dealt with gym "debts" administered by Harlands/CRS who are the worst gym admin outfit by far !

Major Law no longer handle Harlands/CRS cases, probably because it was a waste of Major Law's time. Ignore all demands from Major Law for now.

ARC (Europe) are the first mob used by David Lloyd to chase their alleged gym debts. They should also be ignored.

Write to DL's head office saying :-

Dear Sir or Madam,

I refer to my membership at Virgin Active gym in XXXXXX which started in 2015. I am now being harassed by ARC Europe for gym fees and unlawful admin fees.

I cancelled my direct debit mandate after speaking to Virgin Active and sending them the email they requested about cancelling. However they said nothing at all about any notice period and a final payment.

I realise now that I should have given 30 days notice to cancel my membership. So I am now offering to pay a final month's fee of £xx.xx to cover the notice period. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

If you confirm in writing that you will accept the amount of £xx.xx in full & final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

Yours faithfully,

Get a free Cert of Posting from the PO when posting it.

Send this and let us know how DL reply.

Thanks... what is a slick 132 letter please?

post 10^^^^

Oh lawd that was music to my eyes slick 132... thank you so much for that. Your letter is much better than the one I penned. I will do as you suggest and let you know what transpires. Cheers

Your very welcome and come back with an update.

I took a copy of slick132's very good letter to the gym with me.

I had a chat to their finance person. I explained the series of events/phone calls/letters/texts/threats.

I showed her the letter I was about to post to their head office.

She went off to "have a look at my account"

To my utter amazement she told me that I didn't even owe a month's notice but only five days. If I paid that there and then (£16 ish) it would be the end of the matter and she would inform head office!

Wow.

I felt it was too good to be true.

I explained that in the light of all that had happened I was rather wary of handing over any money.

She assured me I could have a receipt and that she would ring head office, sort everything, then email and ring me later in the day.

So... I paid the £16.

And waited.

True to her word, the email below arrived later that day.

"Following our meeting yesterday I can confirm your joint membership is now closed with David Lloyd and ARC. Outstanding balance has now been reversed.

I do apologise for any inconvenience this may have caused you. Please let me know if I can be any further help to you."

Result!

PS I did send a letter to head office saying that I had paid the £16 as full and final payment of my account and would not be payng any unlawful admin fees.

I added what I thought of their shoddy treatment of customers too.

So far - all is quiet on the western front.

Thank you so much to everyone who helped me with this - hopefully the end of my sleepless nights!

Hi Acqua and thanks for the update.

Sounds like this is the end of the matter as ARC will not chase you once the gym tells them to back off.

Great result and, if you can manage any Site Donation, it'll help us be here to help others when needed.

Thread title changed to reflect your **WIN**

Donated - worth every penny to be able to sleep again.

You folks are doing a great job

Cheers.

Hi Acqua,

Thanks for whatever amount you donated - it all helps.

I'm delighted you can now sleep better.