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  1. Thanks for the link in post 2 Martin3030, one of the comments made me laugh out loud.....I'll post it here for light relief.....
  2. If you read some of the other threads, you will quickly realise that court action is highly unlikely. Most of these 'companies' prefer to intimidate, harass and even lie to cajole further payments out of you.....dont be intimidated is my advice. I am sure the ever helpful Slick will be along soon and he will steer you straight, so chin up and dig in...You'll get good advice and great support here.
  3. I am sure that others will confirm that this 'charge' is a punitive payment and is not enforceable....simply refuse to pay it. I also wouldn't bother speaking to them over the phone. Inform them that you require them to make all correspondence in writing. This will allow you to have traceability should you require it at a later date.
  4. LMAO, you've got to 'admire' their tenacity....first they harass, intimidate, threaten and create stress and worry, then they offer the perfect, compassionate, sensitive, 'solution'...... I wonder if they share the same office....? Keep the faith!
  5. Personally, I'd state them all, what I'd refer to as 'blanket-bombing' ( if you drop enough one will hit) The more salient points first......best of luck with it all....give 'em hell!
  6. Agree with Locotus. Time to remain brave and call their bluff. Inform them that they do not have your permission to call at your home address and that you would welcome the opportunity to defend your stance in court. Don't give in to their bullish tactics and empty threats, made with the sole purpose of intimidating you into paying them off......
  7. Good luck with it...can I just add my own bit of advice? Make sure whatever you decide to do, that you send all correspondence by RECORDED DELIVERY. It is staggeringly amazing how often these companies manage to' lose' cancellation letters from their clients.......
  8. Lol. now that is playing them at their own game.....
  9. I've just read it here in the subforum entitled Gyms and health Clubs.....hope that helps?
  10. Ask her to put all that in writing. Get it on record. If, as she claims, you were given the 'wrong' terms and conditions, then the error is entirely their own and any contract that 'existed' was based on false information supplied, by them, at the time. I would like to see them defend that one in a court.
  11. I'm sure Slick will be along and confirm what I've said and the supporting info can be found on this site, but just to put your mind at rest, have a look at this link which was put together by a similar site, which confirms all the same info you will find here by simply searching the site. ( I have reproduced the link because they have thoughtfully put everything together and offer a reasoned route to follow when dealing with these companies) http://www.debtwizard.com/debt-help/guides-and-advice/350-gym-membership-fees
  12. These companies do not operate with bailiffs as they would need to seek a court judgment to enlist their services. So rest assured that this will not happen.These companies will bully, annoy and harass you in an attempt to wear you down and get you to pay, but their desire to actually go to court is non existent. There is much information on this site to how these DCA's operate, but I would be amazed if you could find one instance where the DCA has instigated a court case. Plenty of consumers have taken the DCA's clients to court and been successful though, so take heart and don't give in! As for bailiffs, you needn't worry.
  13. There is no time limit on disputing the agreement.You are in dispute with the gym and the DCA have no legal right to pursue a disputed account. This is clearly detailed on many posts. Do not allow these people to bully and intimidate you with their deceit. My suggestion would be to take the cancellation on medical grounds route. If I were you I'd suggest that you go to your doctor and get a letter from him/her detailing the injury you received and that he/she advised that you refrain from exercise. Inform the DCA that the account is in dispute on medical grounds and that YOU WILL NOT be dealing with them and consequently will not be making any payments accordingly while in dispute. Contact your local Trading Standards Officer at your local council house and get them involved in getting these clowns to accept that you will not be intimidated and harassed into paying punitive charges and that you fully intend to contest any and all charges related to your account. In the interim, adapt this letter to suit yourself and send them it: Your address Address of the loan company Or Debt Collection Agency Date (insert today’s date) By recorded delivery Dear Sir/Madam Reference or Account No: (Insert their reference or account number; this will be on the letter they have sent you) I / We refer to your contact regarding the above account which you claim I / we owe. I / We am / are informing you that I/we do not recognise the debt and therefore it is DISPUTED. Under the Office of Fair Trading Debt Collection Guidance (updated October 2011) it states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I / We would also remind you that the OFT states under their Guidance that it is ‘unfair’ to pursue third parties for payment when they are not liable and that it is deceptive and unfair in not ceasing collection activity whilst investigating a reasonably queried or disputed debt. Furthermore, if you ignore and/or disregard claims that debts have been settled or are ‘disputed’ and continue to make unjustified demands for payment then this can amount to physical or psychological harassment, as detailed in the OFT Guidance. I / We am / are also familiar with Section 40 of the Administration of Justice Act. As I / we dispute this debt you refer to then I / we trust you will make no further contact unless you can satisfy me / us that this debt exists and that I / we am / are liable. If you subsequently cannot prove I /we owe this debt and if you continue to act in this irresponsible and unprofessional way then I / we will have no other alternative than to report you to Trading Standards and the Office of Fair Trading. I / we will also lodge a complaint with the Financial Ombudsman Service and your trade association, if appropriate, the Credit Services Association. If I / we receive any communication from a / another debt collection agency then it will be evident that you have sold this debt on with the knowledge that it is disputed. Should this occur then I / we will report you to the government bodies and trade association detailed above. I / We now await written confirmation that this matter is now closed, you are not to contact me / us by telephone, instead by letter only. I / We look forward to your reply by return. Yours faithfully, (Insert your signature) (Insert your name) Notes You now need to post this letter if you send it recorded delivery to guarantee postage then you can trace the letter at the following website: http://www.royalmail.com/portal/rm/track;jsessionid=1PMIVXRQJAWD2FB2IGLENZQUHRAYUQ2K?catId=22700601&gear=authentication Remember to change all the colours in this letter to black and delete anything that is not needed before printing and sending. Check the I/We & me/us & a /another Time to call their bluff, in my opinion.
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