Hi Chaps I’m a new member and I’ve just spent the last hour reading through archives of what appears to be a very common problem – that of ARC Europe, acting on behalf of LA Fitness. I work in property and deal with contracts worth a fair whack most days, so I’m ahead of most in my dealings with these utter clowns – I insist on only dealing with them in writing, and, when they call me (on their mobiles!) I simply tell them I’m unable to talk and put down the phone. My story is slightly odd. Basically, my adventure started with LA Fitness by never signing a contract or never doing anything other than paying them some money, £45 from memory. Every so often, I would go to the gym, they would tell me there was a problem with my membership, and I would pay another month. Eventually, I got to know the reception people pretty well and to “make things easier” they scribbled down the bank details and I set up a direct debit. Unfortunately, I injured my knee during a spin class for which I needed to start going to physio, so, never having agreed a contract, I simply cancelled my direct debit and stopped going. I am sure you can all imagine where this argument is going, and the inevitable involvement of ARC. I have asked them to produce a signed agreement, to which they have sent me a receipt for £45 pounds sent by the receptionist by email and the terms and conditions I’ve never seen. I say I’m not paying anything beyond £45 as a goodwill gesture or they’re welcome to take me to court. I guess my question is – where is this going to end up? I realise they’re relentless and I’ve always been skating on thin ice. Obviously, they’re powerless to do a thing except try and threaten and intimidate but they’re onto a loser if that’s their strategy with me. My last letter to them was as follows: Dear Sirs, Ref: XXXX I am writing in response to your recent written correspondence. I have repeatedly asked you to contact me by phone only; this is not a request borne of avoidance, but to establish a paper trail to support any potential legal claims and essential for evidence which either side may need to produce at a later date. I hope this request will be respected going forward as the conduct of your call centre is often tantamount to verbal abuse. I have reviewed the documents you have sent to me and I am still not in receipt of any signed or acknowledged terms and conditions for my alleged LA Fitness membership. I have received your email and sought legal advice. I am assured that an unmarked email acknowledging a payment does not constitute a legal commitment to 18 months of membership, which is rather pertinent being that I have not ever agreed to such a term. However, even if LA Fitness had made an error in not making me sign a contract and considered me a ‘member’, the 2011 ruling by Mr Justice Kitchen against AMSL (*LINK*) states that you can cancel a ‘membership’ in a variety of ways, including cancelling a direct debit, an action I had undertaken. I have read the LA Fitness terms and conditions and it appears that members are required to give one months notice in order to cancel a membership. I am not nor have ever been a contracted member of an LA Fitness gym, however, in the interests of fairness and ending this rather exhaustive process, I am willing to pay a fee equal to one month’s membership/notice of an LA Fitness gym (£45) providing this proposal is accepted in writing, including notice that the remainder of this ‘debt’ is cancelled and my ‘agreement’ considered fulfilled. What should I do now? I'm starting to get rather bored of this...

Oh dear. Trevor Munn, Solicitor for Rent, who acts for ARC Europe and Arrow, among others, has been fined £40,000 with £35,000 costs for being a bit of a naughty boy. Munn entered into an ‘unlawful deal’ with ARC Europe ‘to send out thousands of threatening letters in his name, the tribunal heard today. ARC Europe acted for top companies including LA Fitness, Egg and David Lloyd, and used lawyer Trevor Munn to chase cash for their clients. Letters demanding repayment and threatened court action were sent out by the company on his letterheads, the Solicitors' Disciplinary Tribunal heard.’ The complaint goes back to 2010, I think, but has only just been resolved. It first came to public light last summer when the SRA announced the prosecution. This is what they published then: Reasons/basis This notification relates to a Decision to prosecute before the Solicitors Disciplinary Tribunal. This is an independent Tribunal which will reach its own decision after considering all the evidence, including any evidence put forward by the Solicitor. The Tribunal has certified that there is a case to answer in respect of allegations which are or include that :- He has compromised or impaired, or has acted in a way which was likely to compromise or impair :- – his independence by virtue of his relationship with a Debt Recovery Company – being party to an arrangement with a debt recovery company which facilitated the unlawful conduct of litigation and which permitted the recovery of fixed costs where they had no entitlement to claim such costs – by preparing and/or permitting Letters Before Action to be sent on his letterhead to opposing parties which contained misleading and/or false statements – by accepting instructions from a debt recovery company to act on behalf of third parties without checking that the third parties agreed with the instructions and/ or by failing to provide adequate information to clients in the form of client care letters – He failed to ensure adequate, appropriate and effective systems for the supervision and/or management of all of his offices and/or to ensure that every office had at least one solicitor qualified to supervise for whom that office was his or her normal place of work – He accepted referrals of clients from a debt recovery company in circumstances where his independence and/or his ability to act and advise in the nest interests of those clients was or was likely to be compromised – He did not enter into any written referral agreement with the debt recovery company recording their financial arrangement and/ Or any written record of his agreement with the debt recovery company did not comply with the requirements of the applicable rules at any material time – Failed to take any or any adequate steps to ensure that the clients introduced to him by the debt recovery company had not been acquired as a result of marketing or publicity which would if done by a person regulated by the SRA have been in breach of regulatory requirements – The debt recovery company did not undertake to him to provide all relevant information concerning the referral to the client before it referred the client to him and he did not himself take any or any adequate steps to ensure that the debt recovery company provided that information before making a referral of any client to him – He did not, before accepting instructions give clients in writing all relevant information concerning the referral. The allegations are subject to a Hearing before the Solicitors Disciplinary Tribunal and are as yet unproven. I believe the fine is the result of these proceedings being finalised. The odd thing is that I’m sure Munn was STILL sending out letters on behalf of ARC at least until last summer, maybe later. May still be for all I know. Does anyone know if ARC Europe have faced any sanction for their behaviour? There’s certainly no record of anything on their OFT CCL file. More info as I get it.

Has anyone had a problem with damage to car in a car wash machine? I went into one of these car washs, never been before. The attendant directed me into position. the next day when I got into the car i found damage to the lower skirt. I investigated and sae my paint on on of the mechine blocks near the exit. They have said it is "impossible" unless you steer the car. I did not steer the car. I saw no visible signs although they claim there are but certainly not by the entrance before I paid and in any case they lathe the car including windows so you cant see the sign anyway. what is the law? do I have any rights to damage?

Dear consumer action group, I have been defending a debt alleged by David Lloyd and being enforced by ARC since June 2012 now, I have run out of options and am looking for any advice you can give. The circumstances of this are that in March 2011 myself and partner took out a membership, this was a 14 month membership 2 months free and 12 months paid in advance, a sum of around £1400. Towards we the end of the membership a letter was sent confirming we no longer wished the membership to continue, then the problems started. The gym allege that they received the letter on the 4th April, had it arrived by the 1st there would have been no problem but as the notice was 3 days late they now state that the cancellation notice applies from the 01st May and invokes a 3 month cancellation period and £350 is now owed. We did not pay this and disputed it stating various arguments and after discovering the OFT guidance on fair notice periods and gym contracts over 12 months being unenforceable. We refused to pay and asked them to take us to court if they felt they could prove a breach of contract. After 3 months of back and forth emails and letters, ARC were recruited to chase this "debt" they were also told to stop wasting their time demanding payments and take us to court if they felt they had a case. This again appears to have fallen on deaf ears. The last email to them stated that consent was withdrawn for ARC to phone or text us and again advised them of the disputed debt and encouraged them to take us to court. Their reply was we will not contact you for 14 days but ill after that if a payment is not made. They clearly will not take us to court over this as they have been told throughout this is the only way they will ever see a penny from us, so how can this matter ever be resolved? Is it best just to ignore them having fully stated our stance? many thanks for any help you can give

Hi All, I'm new here - and to issues like this! Please be gentle ! I've tried to do my research first, so I've been through many different forums and articles reading the many accounts of people in a similar situation to myself. So - I've definitely got a bit more of an understanding after that, but would really appreciate your views and guidance on where I need to take this. There's many different posts out there, letter templates, responses, etc. Some quite conflicting, and situations not exact to mine - so thought a thread to ask for help was the best! Situation (apologies, probably one you've read a million times...) - Joined David Lloyd Warrington (Nov 2010) Can't find exact date, but looking back at banking history, first payment debited 1st Nov 2010 Originally signed up on the 'Young Person' rate membership @ £47.97pm taken by Direct Debit. - Membership all fine.. Until I got a promotion at work, which meant I was travelling up and down the country, working long hours on various projects etc. Spoke to DLL, I told them I knew I was contracted, but is there anything they can do? They said no. Fair enough, I thought. Not their issue I guess... Membership continues. - Turn 21 (July 2012) Receive a letter to state that my membership is increasing to the full adult rate of £76.00. I knew I was now outside 'Minimum Period' but wanted to start using the club again (not been for many months, so accepted this. - Sept 2012:| Outgoings increased, and had some banking problems. Had to cancel Direct Debits so that they weren't bouncing.. Paid 1st September's DD fine @ 75.00. Sent notice to cancel membership (at the time, did not know this was 3 months, thought outside of minimum period it was only 1) - Oct 2012 Received email from DLL to say i'd not paid (because my DD was canx). I'd forgotten about this, so paid it on my card. Paid DLL by card online on 31st October to bring me back up to date and to cover (what i thought was) my notice period. - Past few weeks Been missing calls from an 08 number, I now know it DLL. Answered the last one, a few days ago, but was in a meeting at work. I said I'd not got time to talk, and asked if she had a number for me to call back on. Agent said she would give me a callback later that evening. None received. - Today Received a call from 07814048788... Thought it was strange, and might be work related (as calling in work hours), so called back... The line didn't ring, and was Auto Answered by someone as 'Hello ARC'. Conversation goes as follows (...ish!) I told them I had a missed call, and asked who they were. The agent said they we're from ARC Europe Ltd acting on behalf of David Lloyd. I said, oh okay, how can I help? Agent asked 'So you've had a missed call of us yeah?' I confirmed. Agent then typed in my number to his computer (I didn't give him number, can only guess he got it from Caller ID). Agent says "Ah yes Mr Leigh Jones, You're in arrears with David Lloyd and you owe us £374.00. Can you pay that now? A bit taken aback, I said "Oh right, OK. I've not received anything in the post, have you sent something? His reply was "Yes, we've sent it today. You need to pay this as we've got legal proceedings pending for you" I was now a bit narked, and responded "That's fantastic, thanks. I'll look forward to reading your letter. Please make a note that I no longer want to communicate via telephone, and will only deal in writing." To which he responded "Right, well you best call us back" and terminated the call. As promised, I've come home to a delightful letter from ARC Europe Limited stating that I have 'bad debt' with David Lloyd Leisure, and the usual 'unless full balance is paid to us in 10 days we may pass your account to our Solicitors with instructions to prepare court proceedings" and than the usual waste of ink around how to make a payment. I don't think it's fair that I have to pay this as I've handed in a notice:-o... Although I know it's their word against mine - and i'm annoyed at myself for not thinking to do recorded delivery..! I need some help please... ]How should I move now? I've already missed another call from ARC earlier this evening. Should I answer the phone and try and talk it through with ARC? (Gut feel is 'No.) Are they able to 'black-mark' my credit file? Currently DLL doesn't appear on it, and I have a perfect credit file I really don't want to damage... ALSO... I'm led to believe that the agent that answered my call today is in breach of Data Protection. They didn't ask me for any personal details to confirm identity, just used my Caller ID to bring up my details, and started quoting what I owed (and my name!). I've worked in Call Centres for a major Mobile Phone network for the past 5 years, and we'd be in trouble for that! - Do I call them back, and try and express my complaint re this, or should I write? Any help that anyone can provide will be fantastic.... Sorry for the awfully long post, I think I've got a bit carried away...! Many thanks in advance, Leigh x

I have been trying to sort out my QQ loan for months now. Refused to pay them via DD so it eventually went to ARC where I set up a repayment plan for £10 a month. They claimed to have sold to ARC and I no longer have an account with them. After using the live chat with QQ and complaining about my credit file if they really did sell to ARC I got the following email: I do however have QQs bank details now as long as they are correct, I could use a prepaid card though instead of DD. Everyone says pay the originally creditor but I don't have the option anymore.

Hi im new on here and dont know if anyone can help but a few weeks a go I got a debt collection letter from ARC Europe ltd demanding nearly £300 for Kwik Fit Insurance ....I cancelled this policy when it was up for renewal as I had got a cheaper quote elsewhere..... they advised me to send them proof of new insurance - which today I was going to do and phoned them to ask for there fax number to do this - I was told that as the new ins was 16 days after my old insuarance expired I was liable for the quarter policy cover from Kwik Fit as they did not receive my cancellation notice - If I dont pay then they have said it is set to go to court?????? anyone any ideas out there?

I was a member at Reebok Sports Club I went just the once paid for three months then froze my membership as I was transferred in my new job to a different location. I then cancelled the member giving the one months notice. I have now been written to by Reebok saying I owe another months membership (£125) I ignored the demand. Now a month later and I have had two demands from ARC debt collection agency demanding twice that £250! They are threatening CCJ if I don't pay it within 10 days. I know its bullying tactics and I don't want to pay. Can anyone please advise me as to what I should do please? I can afford to pay it I just resent being bullied and do not want them to issue a CCJ or default against me as my credit is totally clean. Please can anyone help? G

Hi, my wife has received several calls from ARC wanting to discuss a debt she has. When we asked for a letter explaining them- selves we were told that a letter was sent out last month (around the 26th). She has now asked for a new letter before we will have any further communication with them. Has anybody heard of ARC Europe?

I have recently returned to the folks house and found a letter from Trevor Munn regarding a Virgin Active account I thought I had dealt with. I joined Virgin Active on the 16/07/10 and went to my induction on the 21/07/10, however, the staff didn't turn up and I was stood around until I had to go to work. I asked to cancel my membership but an employee (Clare) of Virgin Active told me I couldn't and I was locked in for 12 months. I paid up my 12 months and thought that was that. Apparently, Virgin Active continued to debit my account and took 14 months and unilaterally rolled the contract over for a further 12 months. I tried to contact Trevor Munn as they said they were issuing proceedings, they sent me to ARC. ARC said they were sending bailiffs to my parents address regardless of whether I own anything there and demanded £329.50. I advised them that I was unemployed and cannot pay that sum, they said they will send the bailiffs regardless. I offered to set up a direct debit agreement, ARC refused and said they wanted £329.50 immediatly or they are sending the bailiff. I thought this was unreasonable and said surely they have to comply to some sort of code of conduct. I was redirected to Scott Call to resolve this. I honestly don't know where this train is going to end and I am finding the threats very stressful. I googled Scott Call ready to prepare a direct debit agreement and found this site, hopefully I can find salvation here. P.S. Heres the kicker, I was told because I didnt specifically request a gym membership cancelation form within 30 days of joining I was stuck, despite asking an employee of Virgin Active to cancel my account. 2 years of Virgin Active and I have been once!

followed advice on here and sent them letter re recent court case and judges submission etc, this is their reply. They are saying i still must pay £700! What is my next step? Thanks in advance.

Hi Since February 2011, i have been pursued by David Lloyd/ARC (Europe) Ltd & Trevor Munn Solicitors LLB for £700. I have successfully fought them & received a letter from ARC (Europe) Ltd stating that they are closing my case & sending it back to their client David Lloyd. All i had to do was mention the Ashbourne Management case that is currently in the high court for unfair contracts & they backed right off. It is due to ARC (Europe) Ltd & Trevor Munns incompetence that Ashbourne Management got into hot water with the OFT. If anyone wants me to make a template letter similiar to the one that i sent to these bandits, give me a shout.

Hi, When i joined there was a possibility i would move abroad after 6 months or move house as my lease finished 6 months later. I discussed this and was told this would be fine if i gave 3 months notice. I gave Esporta 3 months notice to cancel my membership. I wrote a letter stating that i was moving abroad at the end of the inital 6 months period and so would be unable to make it to the gym. I thanked them and stated that i would be happy to recommend them to other people, which i was up until now. I made sure i received a receipt when i handed my letter in. I then heard nothing from the gym and carried on using my home gym for another 6 weeks, then i used several other gyms across the country as i visited friends averaging twice a week until August. I swiped in with my card each time. I also used guest passes to sign friends in. I left to go overseas in August and had heard nothing from the gym so cancelled my direct debit. A few weeks later the re-directed post arrived from Arc then TM solicitors. I contacted the gym by phone and email and asked why they were doing this. They said that they had tried to email me but that it didn't work and called but i didn't answer and that they needed proof i was going abroad. I asked them why they didn't ask me when i swiped in one of the many times i used their gyms or send me a letter by post. Nobody replied to my emails. I have now sent a date stamp from my passport showing i am overseas to the solicitors. They are asking for 600+, my membership was 77 a month. I doubt they will just drop this though. Is there anything i can do, should say? write a general article for a newspaper? Thanks