LivingWell - pursuing for money I don't owe! HELP!

[ex_gym_user_1]

I tried to commence a gym membership with local LivingWell Health Club in January; I filled in my name, address, telephone number and email - but NO OTHER DETAILS on an application form, but did not have my bank account details - so was told to return with those details and finish completing the application.

 

I returned with bank details - receptionist wrote on a piece of paper, but was not given form to complete, and awaited further contact by management. I had to pay an initial 1 month charge on-the-spot, to be able to start using gym and direct debit for rest of membership was supposed to kick in after then.

 

Despite several attempts on my part to ask about my application, was told "not to worry" by receptionist staff. And, management never available. Even when I asked, or phoned and arranged to come to gym at a time when a manager was due to be in (!)

 

Three months later, I received a letter from LivingWell telling me there was a problem getting money from my bank. I phoned the manager as requested, and - after a lot of pilava - was told it was "their admin error" and my direct debit had not been set up properly. I had to take time out of work to go and sort out and pay a lump sum for 3 months use of the gym in person.

 

At this point, I asked to terminate my membership - but the manager informed me I was unable to do this and was tied in for 12 months. I disputed this - and said I had never signed up, but manager maintained this was the case. The direct debit was supposedly sorted out by me coming in person and paying the lump sum.

 

After another 3 months, I got the ARC debt collectors (who are employed by LivingWell) clubs sending me impolite, urgent and pressurising phone calls while I was at work. 3 of these phone calls were rude, accusing me of being a liar, and threatening to take immediate legal action if I did not pay up a sum of £142 right then.

 

I did not pay, but when I went into the gym (management, again not available to deal with!!) I asked for my original application and CCA; it showed that I had not signed the CCA or gym application. A staff member had filled in the top staff part and put "12 months", but I was never made aware of that or had knowledge of that. Therefore, I believe I am not liable - please can I have advice?? Especially on terminating and getting the ARC debt collectors off my back!

 

Many Thanks!

[slick132]

Hi ExGymUser and welcome to CAG.

 

it showed that I had not signed the CCA or gym application

 

If you haven't signed a contract, or a membership application, they have no basis in law to demand any payment from you.

 

I assume that they also have no signed DD mandate.

 

Write to the gym and send a copy to ARC, confirming that you've reviewed their paperwork and they have no signed contract, or application, or credit agreement or DD mandate.

 

Accordingly you deny you owe them anything. And, if they continue to harass you by letter, by phone at work, or by any other means, you will take appropriate action including, but not limited to, formal complaints to Trading Standards and others.

 

Confirm that, if they post any adverse credit data with a credit reference agency, you will sue for damages based upon the case of Kpohraror v Woolwich Building Society.

 

Remind them that, in the absence of your specific written consent, they have no right to process data concerning you. See here - http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/234-s10-data-protection-act-notice-if-you-have-been-defaulted-for-unlawful-penalties- You could include an adapted version as a separate letter and enclose it with the main letter.

 

Send the letter and enclosures to gym and ARC by Recorded Delivery.

[ex_gym_user_1]

Thank you for that advice, help. I hadn't signed any mandate and have a copy of the written evidence to prove - so this definitely applies. Thank you indeed.