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    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
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    • Hi London  he doesn’t have government gateway. Should we do it via post?
    • If you are helping a family member you are going to need their Government Gateway details in order to Log in to MCOL .
    • read upload use the stated online websites dx  
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Gym debt , ARC now scotcall threatening me with a 'visit'


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Hi All, back in january 2009 i joined my local david lloyd health club wich i visited a few times but not often, anyway the membership was £60.00 a month and after 3 months i realised i wasn't really using the club and with money being tight ( i run a small business from home) i called david lloyd and told them i couldn't afford to pay my monthly subscription anymore, i gave them a months notice of this.Anyway to shorten a long story, i have been inundated with phone calls from a company called ARC who are obviously a dca, i have also had two letters from a solicitor called Trevor Munn threatning legal action in northampton county court (wich is about 90 miles from me in essex) their last letter dated the 22nd july was to inform me that acounty court claim is being prepared. i have not answered any of arcs phone calls i let the answerphone deal with them, and i have not responded to or contacted Trevor Munn solicitors. Does anyone on here have advice on what i should do next please, Oh and by the way David LLoyd health club and Trevor Munn solicitors have spelt my surname wrong, does that have any relevance to my case.

Many thanks for any and all help/advice given

Moon landings

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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I have been through this one in the past for someone else in avery similar situation. If you look at the initial terms of contract there is no cancellation clause in the first year.Priod of notice only comes into play after a 12 month period. They do however have a policy of applying charges, which I have challenged successfully. I am unclear as to whether they will progress the matter to a County Court, but in view it is likely that the court would uphold the contractual agreement with David Lloyd.

 

What I would say is if you decide to settle by instalments, don't listen to the unreasonable demands made by ARC, who in my opinion are typical collection agents, full of wind and excess fluid.

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I also believe the notice period for DL is 3 months once outside the 12 months - or at least it used to be.

 

I have managed health clubs for a number of years and I believe the only ones that progress to court are Bannatynes and David Lloyd most others juts threaten and then disappear.

 

Northampton court is also the bulk claim centre for cases done on the internet through Moneyclaim online. If they do progress to court and you file a defence the case will be sent to your nearest court.

 

Maybe it's worth writing to DL about what you need to do to get this situation sorted.

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many thanks to you all for your replys and advice, i was going to write to david lloyd stating that it was more important to me to keep paying my mortgage rather than pay a gym subscription, my thinking was to write a polite letter outlining my economic situation ie: not much money spare for luxurys, and see if i could get them to drop the case rather than pursue me for the outstanding amount wich is £590.00 pounds, i had thought of getting my local paper involved as this is circulated in the david lloyds cathment/recruiting area, do they really want too see themselves being gomplained about in the local paper, that may make people think twice before joining.

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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I'm not getting the maths here. :confused:

 

If you joined in January and paid for the first three months, that leaves April, May, June, July and August; 5 months @ £60 per month = £300.

 

How is the outstanding amount therefore £590 ?

[B]Nunquam redono spes Nunquam occulto evinco [/B] [SIZE="1"][COLOR="Red"][B]HighFly - 1 Lowell - 0 £5200 SD set aside + costs won HighFly -1 Wescott - 0 £4200 S. barred, removed from files[/B][/COLOR][/SIZE]

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I'm not getting the maths here. :confused:

 

If you joined in January and paid for the first three months, that leaves April, May, June, July and August; 5 months @ £60 per month = £300.

 

How is the outstanding amount therefore £590 ?

 

paying 3 months out of a 12 month contract equals 9 months remaining.

 

9 months @ £60 = £540 not sure what the other £50 is perhaps they've stuck some fees on - those can definately be challenged.

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according to the solicitors acting for arc, the figures are as follows

Debt Balance £590.00

Court Fee £55.00

Solicitors Costs £70.00

Interest Due £47.20p

 

I will try to scan the letter and upload it for you to take a look at.

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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  • 3 weeks later...

hi all, i have a dca called arc who have been harrassing me with telephone calls to my mobile and landline numbers, i read them the template letter telling them that i will only communicate with them in writing, but i am still getting the telephone calls, what is the next step please? is there a letter that i should write to them? your help would be much appreciated

many thanks

moonlandings

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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  • 4 weeks later...

Hi All,

i will keep this as short as possible so as not to bore you all, a few months ago i had a company called A.R.C. Europe send me threatograms regarding an outstanding amount to 'David Lloyds' fitness centre, A.R.C. were harassing me with phone calls, which stopped as soon as i took advice from this excellent site, and sent them a 'telephone harrassment letter'.

 

Well it had all gone very quiet for the last 3 weeks or so, when this morning i got a letter through the door from a company called 'Scotcall' who are now threatning me with a 'doorstep collection'.

 

if someone could Please take a look at the attatched letter from them, and offer me advice on what i should do next please, i'm inclined to just ignore it to be perfectly honest.

Many thanks for your help and advice

Moonlandings

scotcall letter.jpg

scotcall letter large.jpg

Edited by moonlandings

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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Hello Mr ton thanks for your reply, i just can't seem to get the picture to go any bigger i'm afraid...i'm not sure that cca'ing them would be much good, as the debt was incurred in about march of this year, basically i cancelled my membership with david lloyd as i couldn't afford it anymore.

thanks for the advice i will sit back and see what happens..

moonlandings

Never bite the hand that feeds you, always remember that while you are on this forum you are just a peasant....

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The same happened to me, i had a DL membership that i couldnt keep up with the payments & cancelled it.

Then all the Scotcall nonsense started arriving through my letterbox.

To this day, they still havent knocked on my door.

I would have told them to get lost anyway, so it would be a waste of their petrol money.

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  • 2 weeks later...

I am in EXACTLY the same situation as you. I cancelled my membership with DL in March this year, had months of ARC on my back. I heard nothing since the beginning of July and then last week Scotcall send me the duplicate of your letter, stating they will be round to have a word, so to speak. I say, bring it on. The police will be called if they try trespassing!

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They won't call and even if they do, tell them to fu**off as they have no powers what so ever.

 

where are these feckers storing all these dorosteps they're collecting???

 

I heard they are making a new pyramid in Egypt with them!!:eek:

Andy...

 

 

 

 

 

 

 

 

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I would be surprised if the membership were party to a regulated Credit Agreement.

 

Anyway, ask for a copy of your sign up agreement and let them know this is in dispute.

 

How much do they beleive you owe? have they bought the debt or acting as client? have they proved they are legally liable to collect? Stall Stall Stall :D

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They DO call ive had them round twice but hey guess what they have been told to sod off twice also :p

 

Lucky git:shock: Normally they are just threat monkeys. Bet their faces were like thunder when you told them to sod off. Either that or they cowered away with their tails between their legs!!!

Andy...

 

 

 

 

 

 

 

 

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