Fitness First problem - help please if possible!!!!!!

[skyblue2027]

Hi all,

 

last month i decided on trying their 1 day free pass. I was accepted and on attendance at their gym i was told i could have a trial but complete their form in case i would join in the near future. I was unsure but completed everything bar sign THE CONTRACT. The membership chap advised to sign the DDI and complete the details but leave the contract signature and sign if i decided to join. I advised the membership guy i only wanted to try the facilities out and would not sign a contract as i had just been made redundant and would only agree to join on securing employment.

 

I know this was naive as since they tried to collect 2 months worth of fees which i got my bank to recall and cancel their DDI.

 

Since then i have had chaer letters and now a threat of DCA.

I called FF HQ this morning and they advisd they have my contract details all signed. I have now lost my copy with the sig missing from the contract end.

 

Where do i stand?

 

I know that i did not sign the contract bit but now have no proof.

 

Have they forged and what can I do??

 

I can only go back to the conversation I had which of course is not recorded.

[slick132]

Hi Skyblue,

 

Good to see you acted through the bank and got the DD's reversed.

 

Write to the Head Office and briefly set out what has happened, like you have above.

 

Also, point out that:-

 

1. You were only trying their facilities as a free trial.

 

2. You did NOT sign the membership contract and, if they have a copy with your signature on it, you require sight of it immediately.

 

3. You made it very clear to their staff at the time that you signed the DD but NOT the m/ship contract.

 

4. If they make any further demands of you or post any adverse data with credit reference agencies, you will take action against them and seek compensation for damage to your reputation.

 

5. You will report their action to Trading Standards, the OFT and any other relevant authorities.

 

6. You require their written confirmation that they will make no further demands, not pursue with any DCA or post adverse credit data.

 

If this doesn't get them to back off, you may need to send them a SAR with the £10 fee to see what they produce as documentation

 

Send the letter by Recorded Del'y and "cc" the letter to Trading Standards with a complaint about the gym's actions.

 

Read other threads here about FF's behaviour.

 

8)

Edited October 30, 2010 by slick132
typo

[MARTIN3030]

Yes agree.

[skyblue2027]

thanks Slick for the advise. Letter prepared and sent by rec delivery. I will update when i get a response.

[skyblue2027]

OK. Update on this one.

I followed the advise above and the letter was signed for on 2/11 but FF. Complaint duly made to consumer direct and trading standards now notified.

I today have received a letter from C.A.R.S datd 3/11 asking for £500 for the outstanding bill. From previous experience C.A.R.S are not the best to deal with. is there a particular letter i can use to get them off my back?

[slick132]

Just write to CARS saying this matter is in dispute and complaints have been made to Consumer Direct and to Trading Standards.

 

Say you deny owing anything to FF and if CARS make any further demands, you will make further complaints about them to CD and TS.

 

Remind them that any further demands will also be a clear breach of the OFT Debt Collection Guidelines as the matter is in dispute.

 

8-)

[skyblue2027]

Just write to CARS saying this matter is in dispute and complaints have been made to Consumer Direct and to Trading Standards.

 

Say you deny owing anything to FF and if CARS make any further demands, you will make further complaints about them to CD and TS.

 

Remind them that any further demands will also be a clear breach of the OFT Debt Collection Guidelines as the matter is in dispute.

 

8-)

 

thanks Slick. sent them a letter yesterday with the above. Im awaiting a reply now from trading standards.

[skyblue2027]

well. an update abd surpise, surpise! CARS have totally ignored my letter and advises of Notice Of Legal proceedings!

 

Looks like i am going to have to contact the OFT with another complaint!!

[slick132]

The OFT won't d/w individual cases, so a further complaint to Trading Standards may be better.

 

Send CARS a copy for their info.

 

8)

[skyblue2027]

thank you. complaint to trading standards it is tomorrow. when will CARS ever learn. they simply ignore any correspondence!!

[skyblue2027]

Finally Fitness First reply to my letter dated 1st November 2010!!!!

 

right, ive been sent a copy of my agreement. There is a sig in the members area and it most definitely is not mine. It is forged. I will be letting my contact in trading standards aware tomorrow. is there anything i can do in the meantime???

[slick132]

Very interesting, but not surprising.

 

See what TS say about it and don't contact the gym or their DCA in the meantime.

 

8)

[skyblue2027]

well, i scanned the membership form with the forged sig to trading standards. They advised me to send a letter to FF advising the sig is forged and that this is being investigated.

 

Interestingly, trading standards advised in their investigations, a similar case in my area (forged doc) was reported to the police. I believe the police will be looking at my complaint.

 

Should be interesting.

[Surfer01]

Keep us updated as this now looks to be a criminal case of fraud. Maybe worthwhile getting a police case opened as it is not a civil matter. Don't mention DCA etc.

[skyblue2027]

OK, Update on this one. the police via TS are looking into this one as a compliant in the same area was reported to them.

 

I had a reply to my letter asking for a copy of my sig from my passport or driving license.

I have sent this by recorded delivery. The sigs are completly different.

 

I really want to take this further and claim for costs and the stress of it all. Is it worth and and how do i go about this?

[slick132]

Hi Sky,

 

I suggest you wait and see what action, if any, the police and/or TS decide on.

 

As regards you taking action against the gym and/or their agents, CARS, can you quantify any consequential loss - for example, postage, stationery, research time @ £9.25 per hour, etc.

 

8-)

[skyblue2027]

Hi Slick,

 

will wait for the outcome first.

 

Ive kept all letters and costs for the letters i have sent.