David Lloyd probems.

[slick132]

Although I'm inclined to ignore ARC's letter, I think a brief reply should be sent :-

 

Dear sir,

 

I refer to your letter of xxdate.

 

In my previous letter to you of xxdate, I made it very clear that this matter was in dispute with the David Lloyd gym, who failed to acknowledge my offer to them.

 

I look forward to receiving the Court Claim which I will vigorously defend. I have already told the gym I will rely upon the precedents set in the High Court by Mr Justice Kitchin in his ruling and Penal Order made against Ashbourne Management Services Ltd in 2011.

 

If you choose not to issue proceedings but, instead, continue to made demands for payment, I will make a formal complaint about your actions to the OFT without further warning.

 

Your faithfully,

 

No need for Rec'd Del'y on this.

 

[Vondoothoven]

Okay, thanks Slick.

 

Will send it tomorrow.

[Vondoothoven]

Slick, just thinking.

 

Should I enclose photocopies of the recorded delivery receipt and letter that I posted to DL recently offering one months membership or save it for another time?

[slick132]

No, I'd just send the letter on it's own.

 

You have no need to deal with ARC or prove anything to them.

 

If they are serious about preparing a court claim, let them do it and we'll deal with that as necessary.

 

If they fail to take the action they have threatened, that will speak volumes in itself.

 

[Vondoothoven]

Received this on Friday from ARC.

 

"Please note that ARC (Europe) Ltd is a debt collection "agent", acting in good faith on the instructions received from a "disclosed" principal, namely David Lloyd Leisure. We are therefore authorised to write to you in connection with the above matter and to instruct solicitors in contemplation of Court Proceedings where we consider it appropiate to do so.

 

We have acted in accordance with our clients instructions and within current collection legislation and guidance. We reserve the right to produce our correspondence to any Tribunal, regulatory body or investigating authority to prove our compliance and good conduct in this matter.

 

We are instructed that our clients contracts have been checked for compliance, fairness and reasonableness. Our client confirmed thay have not had any contact from you or received an offer of payment.

 

We are instructed that you did not cancel your membership in accordance with the agreed T & C's as you are required to give notice to cancel. Please provide proof of cancellation in order for us to refer the matter back to our clent for further instructions. ie, a receipt from royal Mail confirming delivery of your notice to cancel or a letter/receipt from our client acknowledging your notice to cancel.

 

We are instructed that the above balance remains outstanding and must be paid in absence of your proof. I order to settle this matter our client is prepared to accept £261.19. Please be advised that this offer is made as a gestue of goodwill and on the condition that payment is received within the next 14 days."

 

*************

 

That is now the 6th figure I have been quoted to settle up. Me thinks the judge would laugh this out of court.

Edited January 28, 2013 by slick132
Put in paras so we can read it

[slick132]

Hi Von,

 

And there was us, expecting them to confirm court action was being taken because it's over 10 days from their last threat.

 

Ignore this completely - there's nothing you need add to what you've already told the gym and ARC.

 

Maybe the amounts differ because they are adding admin fees.

 

You made a reasonable offer and the gym failed to accept it. If they want to take this to court, you have every chance of success.

 

Let them stew ..............

Edited February 9, 2013 by slick132
typo

[slick132]

Thanks for replying to my PM.

 

You no longer have the m/ship agree't which I wanted to check.

 

If they persist with demands, I may ask you to request the agree't from the gym.

 

[slick132]

Hi Von,

 

Re your PM, you're absolutely right to ignore DL's text asking you to call a number urgently.

 

If they have anything to tell you, they'll have to write !!

 

[Vondoothoven]

Received this today from ARC.

 

Despite our previous correspondence, we understand that the above balance remain outstanding. A County Court Claim has therefore been prepared against you and can be issued in the Northampton County Court.

 

If this matter is passed to our solicitors, our client will claim the following:

 

Debt Balance £311.19

Court Fee £30.00

Solicitors Costs £50.00

Annual Interest (to be adjusted pro rata £24.90

 

TOTAL £416.09

 

 

As you can see the issue of Court Proceedings will mean that the amount claimed by our client could increase by as much as £104.90

 

IF YOU IGNORE THIS LETTER WE MAY PASS THIS MATTER TO OUR SOLICITORS TO ISSUE THE CLAIM WITHOUT FURTHER NOTICE.

 

 

Martin Wicks (FCILEx) Chartered Legal Executive

Legal Manager ARC

 

**********************

 

 

The bullying and harassment continues.

[slick132]

Yawn...........

 

Issue court proceedings (which will be properly defended) or shut up !!

 

Just ignore............

[Vondoothoven]

Thanks Slick.

 

Was doing a bit of research online re Ashbourne M.S. and read a lot about the Watchdog case.

 

 

Me thinks that as they have been well and truly caught out on the 12 months plus contracts, their latest ploy is catching peeps out on the 3 month cancellation notice whic is their new money making exercise. (Along with twisting the rules for clients who have moved abroad, have injuries, etc.)

 

 

I have been round the block a few years and have dealt with dozens of businesses and utility companies - some good, some bad. I support the latter ones who have fair customer services where things can be easily sorted out with a phone call or letter - even when its a case of 'give and take' when disputing stuff. I have never come across a more horrible and aggressive company than DL and after reading about Ashbourne, I would recommend anyone to never touch them with a bargepole.

 

 

Von

[Vondoothoven]

http://subrosa-blonde.blogspot.co.uk/2011/09/but-seriously-guest-post.htmlCame across this blog by chance and although it was written September 2011, users on here might find it useful. Please check out the legislation re County Courts and where you live - I am being threatened with Court in Northampton and I live in Preston. Its all threats, intimidation, bluffing and blustering from ARC to get law abiding peeps to pay.Hope the article helps. :o)

[slick132]

I drew a blank when I used the link.

 

Can you check it and link again, thanks.

 

[Vondoothoven]

http://subrosa-blonde.blogspot.co.uk/2011/09/but-seriously-guest-post.html

[Vondoothoven]

Sorry Slick, the link got mixed up with my text in the 1st post when I posted. Hope that works.:o)

[Vondoothoven]

Hiya again,

 

I have been recently plagued with recorded messages from DL on both my moby and main phone for me to ring them - its being going on since Thursday or Friday, at least 2 calls a day apart from Sat & Sun. I also got a text this morning from ARC asking the same, for me to contact them.

 

 

 

Should I make an official complaint to OFT ASAP or write to ARC warning them and their client to stop making calls forthwith with the threat of complaint?

 

 

 

I obviously have ignored their messages but getting a tad cheesed off with their bullying methods. Me thinks they have run out of options and are trying the good old fashion phone methods. Especially in light of ARCs' Not so clever Trevor getting whacked for £75,000.

[Vondoothoven]

..

[slick132]

Write to the gym and copy to ARC saying:-

 

If you continue to plague me with repeated phone calls, a formal complaint for harassment will be lodged with the OFT.

 

ARC have already said that court proceedings will follow and I will defend such proceedings as necessary.

 

In the meantime, you must cease your campaign of calling.

 

I also reserve the right to take court action against DL seeking damages and costs for harassment.

 

[Vondoothoven]

Okay, thanks Slick.

 

[Vondoothoven]

Okey Dokey.

 

Above letter sent to DL head office via recorded delivery.

 

Copy not sent to ARC as I have formally complained to OFT today due to ARC phoning me on my main phone and moby today after specifically warning them via letter recently about future demands for payments and harassment. I did warn them.

[slick132]

If you want details of the OFT contact that I've been liaising with, let me know and I'll fwd to you by PM.

 

[Vondoothoven]

Thanks Slick - I posted it off yesterday and listed the phone calls, letters, harassment in a clear and concise manner. I addressed it to Dear Sir/Madam but if you want to send me the name of your contact as it could be useful if they get in touch with me. I think that would be doubtful though due to the high volume of complaints OFT get though.

[slick132]

If it's already gone, leave it at that for now.

 

If they fail to acknowledge within 3 weeks, let me know and I'll send you the contact info to resend.

 

[Vondoothoven]

Cheers Slick.

 

[slick132]

Hi Von,

 

In response to your PM, I've sent you the OFT contact details to file a complaint against DL and ARC for continued phone harassment when the matter remains in dispute.

 

Good to hear you're logging time and dates of all calls.