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Dolly1603

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About Dolly1603

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  1. Hi there Everyone I thought'd I'd posted this thread, but it seems it didn't work as I didn't find it when I came back to look for it. So the problem is, on Friday 15th June we booked flights for our famiy (5 of us) on BA's site for August, London to Boston. My mother wanted to pay for it so she gave me her card number, which I used to make the booking. At the last minute the whole site crashed, the screen flashed and then came up with a message saying that there had been an error and that I should try again later. By this we thought that after all that the whole process had been lost and we would have to go through it all again. Rather than try again on BA's website and risk crashing again, we went to a comparison site and booked with them and I sent the confirmation by email to my mother. She emails me back the next day to say that she also had an email from BA. I thought that this couldn't be as the website crashed. I asked her to forward it to me, which I didn't get til Monday. I rang up BA explaining the situation and they said there was nothing they could do. The agent asked if I had taken a screen shot of the error message, but I didn't. I had no reason to think an error hadn't occurred. She then insinuated that I could be trying to [problem] the Company because our second booking was cheaper. I said in one of my emails to them that their website logs for Friday night should have the record of the crash, but of course they ignored this. Citizens Advice was of little help, though they said that would send a report to trading standards. I complained to BA and after an email exchange the only thing they have offered is changes to the date/time/destination of the tickets. They refused to offer any kind of voucher or air miles. I will request an explaination of why, but I doubt they will answer. So it seems the the regulations are all written in favour of the airlines and the consumer hasn't a leg to stand on. The 24 hour 'cool off' period is too short in my opinion, but then I don't expect BA to give an explanation about that, either. If anyone has any words of advice, I'd be grateful - please, no should-haves, could-have's, I've already played that night over and over in my mind and there's nothing I can do about what I should/could have done. Many thanks
  2. Hi Slick Well, it has only taken nearly 10 months - unbelievable. It goes to show they are tenacious in their greed and drive to squeeze as much money out of people as possible. My husband said not to pay at all and tell them I want my day in court - which they probably won't do, but seeing as I did make the offer and this this has gone on long enough, I'd just rather it be over. I will give them a piece of my mind though. I read Funkylady's thread, by the way. Wow - I feel for her and I sincerely hope she wins her case and gets full repayment as I don't think she should have paid a penny at all. They should be publicly shamed in my opinion, for the way in which they treat people. Thanks again so much for all your help and advice - all the best in your fight to get the three month notice changed.
  3. Hi Slick You'd be forgiven for thinking that this whole saga was finally over for the amount of time that's passed, but we got back from holiday yesterday to find a letter from ARC. They say that their client has decided to accept my previous offer of £100 in full and final settlement - oh, but please note, this is a gesture of "good will" - ha, ha, very funny. They also say they "regret" to learn that I feel harassed over this matter, but they must advise me that they do not view their attempts to contact me as harassment…Seriously?? if that isn't the biggest load of you-know-what! I am to make a secure payment to their website or ring them to make payment and they have placed my account on hold for 14 days pending settlement. Of course MajorLaw will step back in for the full amount of £294.85 if payment isn't made. So even though I'm still paying something, I think this is a degree of success on my part. Unless you've got any other advice I'll pay them today or tomorrow, then send them a letter telling them and DLL to acknowledge receipt and to never to contact me again in future. I would also like to advise them that I have reported this whole matter as a formal complaint to the relevant authorities.
  4. Hi Slick Just heard back from Majorlaw: they contacted me in "good faith" on instructions from their client who advised them that payment was due. My comments are "noted" and they have referred the matter back to the clients for instructions. They will only write again if instructed to do so. I replied to the regional manager this week, saying it was not her to whom I addressed my complaint, it was the CEO, who it seems doesn't have the decency to address these issues himself. I told her I have been subjected to eight months of harassing phone calls and letters from DLL and ARC and I had now heard from Majorlaw who threatened court action. I attached a copy of my reply. I told her DLL has failed to properly address my complaints, in principal, the three months and the rejection without explanation of my settlement offer. I referred to her comment that DLL had gone to a great deal of effort to be fair, yet they are the only fitness company to require three months. Not that I expected an answer, but I asked her why this is. I have had no response from her. I don't plan on responding to the latest Majorlaw letter as I don't see a reason to do so and there's really nothing to say. DLL and/or ARC are sure to make contact again, so I'll let you know when they do.
  5. Hi Slick Thanks once again! I find it unbelievable that they can get away with this kind of intimidation. Northampton is nothing to do with me as I live in a completely different county. I'll draft the letter as soon as I finish here - but I'd love to copy it to that Regional Manager and the CEO (who doesn't have the decency to respond to my letters himself). I've also drafted a short update to the CMA, and in it I have told them I received a letter from Major Law saying they have prepared, ready to be issued, a county court judgement against me in Northampton - noting that I live no where near there. Then I outlined the gist of the letter - literally in two 3-line paragraphs this time - and closed saying I wanted to bring this to their attention as I believe this is completely unfair and outrageous intimidation. Let me know if you think it's worth sending.
  6. Hi Slick Heard from ARC and MajorLaw today. I got a call from ARC this morning and not recognising the number I foolishly answered it. I told the guy that he needs to put it in writing, please, thank you and I hung up. Then the letter arrived with the post from Major Law. They say a County Court Claim has now been prepared and is ready to be issued against me in Northampton. They itemised all the costs - court fees, solicitors fees, annual interest & the actual debt then said that the issue of the court proceedings will mean that the amount I owe their client will increase by x amount. In bold type, they say that I am required to send payment today and to please call ARC's legal helpline - like I'd trust them. Oh, and I may want to seek legal advice or ring Citizens Advice, etc. - like I haven't already been doing that! How can I do that if they require me to send payment today?! If I ignore the letter they may proceed to issue the claim in 14 days without further notice. One of my legal friends said these solicitors are mostly factories churning out these kinds of letters by the dozen every day practically. That still doesn't stop me from feeling a bit sick. Should I update TS and CMA? What do I do now? This is it, it seems. P.S Did I mention that I live nowhere near Northampton County Court? I am about an hour and a half south! My husband says this is a ploy to scare me and get me to pay up, being the court is so far away. However, Citizen's Advice says that it could be moved to a local court.
  7. Hi Slick I know what you mean, but if CMA and TS can't really intervene in individual cases I don't see a way out. As my two legal friends said, the case doesn't really stand up (especially the signing up issue, suspension of membership, even all the harassing letters and phone calls), so it would be best to be done with it and pay up. I just keep thinking about another story I heard, which was worse and was so blatantly unfair, yet they got away with it. However, the one card I could have to play if they do take me to court, is that I offered a settlement that they turned down. One of my legal friends did say they would have to explain to a judge why they didn't take it. TS haven't yet responded to the formal complaint letter, but they did respond to a previous letter I sent them, in much the same manner as the CMA, who did, however, say that they have brought this to the attention of their pipeline/intelligence team. My only hope is that they have already received more complaints from others.
  8. Hi Slick Well, you were right. I just heard back from CMA and - much as Trading Standards said - they rely on information such as that which I have provided, but they can't respond in detail to individual complaints/concerns. Nothing yet from that Regional Manager at DLL , ARC or Major Law but I have no doubt I will soon, that they aren't just going to drop this, so will let you know when I do. To be honest, I'll probably end up paying, but at least I've given them as much grief as I can before I do!
  9. Thanks, Slick I will redraft letter tomorrow. And thanks also for always ending with a smilie face - hopefully soon, I'll be able to end with one, too! By the way, I haven't said anything to DLL about contacting TS or CMA - it would be great if they do take action - what a thing it would be to be a fly on the wall…but not holding my breath yet...
  10. Hi Slick Here's the text of the letter: "I write with a complaint about a leisure company called David Lloyd Leisure who I believe have treated me unfairly, primarily with their three month cancellation notice period. They say they have gone to a great deal of effort to ensure their terms are legal and fair to the consumer, yet offer no explanation as to why this notice period is fair. From what I have heard, they are the only ones who require this long cancellation period. "Despite what I now realise was an underhanded way of persuading me to sign up, I was a member for six years, but in November of 2014, I decided to cancel my membership. Since then there has been a load of correspondence back and forth during which I tried to argue the unfairness of the cancellation but David Lloyd never fully addressed this or any of the issues I brought up with them, which, included suspension of membership and the manner in which they signed me up. There were also many emails from Central Membership together with phone calls from them to my landline and mobile, on occasion, twice in the same day, to the point where I was feeling very stressed and harassed. I even wrote two letters to the CEO, Scott Lloyd, to complain and try and get some answers. There was no response. "In the beginning they never sent me a copy of the form I signed and only sent it in December of 2014 to back up their claims. I also hasten to add, the copy of the contract I received even required three months notice upon expiry of the initial period. They also sent a link to the National Archives where there's an “undertakings” document signed in 2012 after the OFT investigation, that contains the three months' cancellation. I am at a loss as to why even the OFT didn't think this was unfair. "It wasn't until the beginning of March that I heard from ARC Europe Ltd, a debt collector who rang me on my mobile asking for my card number over the phone to settle the debt. I was extremely upset by this and emailed them to complain, to which they replied that they had listened to the call (they never advised me that it was being recorded), they disagreed, and that their employee acted with professionalism. What followed were more letters and numerous calls to my landline and mobile, again on occasion twice a day. When I challenged them on this they said they only promised not to ring if I either settled the debt or provided some “detailed dispute”. "Last week I received an email from a Regional Manager who said she was sorry I had had cause to contact her and for my experience. I never heard of this woman and therefore never contacted her directly but this is clearly the response to my two letters to the CEO, who to date has never contacted me himself. She goes on to say that David Lloyd has undertaken a “great deal of effort” to ensure that their terms are legal and fair to the consumer. Considering the situation, she said that she was happy to waive the £70 ARC fee if the debt is settled within 10 days. "Today I get a letter from ARC saying that their client has confirmed that no agreement had been reached in discussion of membership. David Lloyd also confirm that my offer of £100 in full and final settlement is not acceptable and that being a longstanding member, these issues have not been brought up in the past. I don't see what this has to do with anything. Whether I had brought them up years ago or the present, I doubt would have made any difference. ARC have said their client is willing to reduce the £70 administration fee to £20 – as a “gesture of good will” if I pay in fourteen days. This is not what the Regional Manager told me. If not, they will hand the matter on to their solicitors, MajorLaw Ltd, for further action. "I have been advised that the only valid argument here is the fairness of the three month cancellation period and I am hoping that my complaint is not the only one of it's kind you have received. I did contact my local county Trading Standards, who responded saying they no longer help on individual issues due to growing demand, but thanked me for contacting them with my information, which they will collate. "Finally I would like to bring your attention to a website called Consumer Action Group, who help people with a variety of consumer issues. Under the Gyms and Health Clubs link are hundreds of complaints about gyms including David Lloyd Leisure, which also mention ARC and MajorLaw. "Thank you for reading this and apologies if it goes on a bit as I wanted to give a little background to the story and an idea of how this organisation treats people. I look forward to hearing back from you soon with confirmation that this letter has been received and that the complaint has been acknowledged and filed." I hope this is okay and believe it or not I did try and keep it brief, but I also wanted to give them some idea of how DLL and ARC treat people. Let me know what you think. I can take out my mention of your website if you don't think it's appropriate and just suggest they Google "David Lloyd complaints" instead. Thanks
  11. Hi Slick I've done a draft letter, but am I able to attach it as a pdf or do I post the text in a reply message? Thanks
  12. Hi Slick I just wanted to let you know that I have received a letter from ARC. They say, as they've always said, that they have checked with DLL who have said they have discussed membership with me but an agreement has never been reached. The settlement offer, they confirm, is not acceptable. DLL also confirm that being a long standing member, these issues were never raised in the past - I've no doubt, though, that had I raised them, they'd still have stonewalled me. ARC therefore remain as instructed and the outstanding balance must be paid. They also mention the reduced administration but state that they are prepared to reduce it to £20 - so contradictory to the email I received where they said they were prepared to waive it. They say they are able to assist by setting up an affordable payment plan and emphasise to please make each payment affordable - how considerate! I have 14 days to pay or they will have no choice to pass the matter on to MajorLaw. I'll be writing to the Competition Standards Authority today so I'll post a draft letter soon.
  13. Hi Slick As I said in my PM, I heard from a Regional Manager of DLL today via email. She thanked my for my recent correspondence concerning my experience at the High Wycombe Club and apologises that I have had cause to write to her - which I didn't, I wrote to the CEO, who evidently has passed the buck. She reassures me that DLL has gone to a lot of effort to ensure their terms are legally acceptable and fair to the consumer. But "considering the situation" and as a "gesture of good will" she is "happy to waive the £70 ARC fee if the outstanding balance is paid within 10 days of this letter". Therefore I should contact the Central Membership and pay the outstanding fees to settle the account. In closing she appreciates that this might not be the response I was hoping for, she trusts that this confirms her position. So no explanation from the CEO himself, but from someone lower down, and still no explanation or answer to any of the issues I brought up in my letters. My legal friend says perhaps the best thing I can do is to end this. Although they probably won't take this to court - the whole case could get sold so another debit collector who will then start the harassment all over again. My husband thinks they are slowly backing up, since ARC's efforts didn't pay off. ARC said in one letter that they "could" pass the case on to their solicitors to prepare a court action, but nothing has yet materialised. If it does go to court, my other legal friend said that they would have to explain to a judge why they didn't accept my settlement offer. I would like to write back and request she address all my issues directly, but I doubt I"ll get anything - it seems their policy is neither confirm nor deny anything. Anyway, I'd welcome more thoughts/advice - yet again! And again, thanks for all your help
  14. Hi there I last wrote to the CEO on 18th April and there's been no further contact from either Central Membership at DLL or the staff at my local branch. What I said to ARC was basically what I already mentioned. I told them to ask DLL about the manner in which I was signed up, suspension of membership and the settlement offer. But I did say that DLL never responded to any of these things when I challenged them. That's it, really I offered no details at all. Hopefully I won't need to reply to ARC at all, but as I said I'm not holding my breath!
  15. Hi Slick Sorry I've not been in touch for a while. The latest is that - since they said I should pay or give "detailed dispute/defence", I sent a letter back to ARC (without revealing any details) telling them to ask DLL about the manner in which I was signed up, suspension of membership and the settlement offer. This was 29th April and I've heard nothing back since, although I'm not holding my breath as I've been here before. Trading Standards did get back to me with an unsigned letter referring me to Citizens Advice but saying that the information such as that which I have provided will be collected and collated and used to support their "intelligence led approach to actions and enforcement". They use the assessment to decide how best to use their resources. So, as predicted, no real help here but at least they can add my complaint to what I hope are many more. I might even write back and refer them to this website, if that's okay. Referring to your point 2, I would like to try and fight on this basis, but I'm not sure what the law is on the contract with Next Generation and whether or not it is valid even after David Lloyd merged with them. Will let you know if I hear anything back.
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