David Lloyd probems.

[Vondoothoven]

Thanks Slick,

 

I think ARC and DL have have moved on to phase 2 as they have finally worked out I will not pay up. Hence the harassment.

[Vondoothoven]

I received a letter from OFT confirming my complaint against ARC and I E mailed your contact yesterday. They posted back confirming that they cannot interfere with my dispute but want a copy of the telephone logs and letters I received from both companies.

 

No calls or letters from ARC or DL for a few days, btw.

 

Happy days!

[Vondoothoven]

Received a letter from DL dated 25th Feb.

 

Thank you for your recent correspondence. I have enclosed your membership areement, terms& conditions, receipt of payment, cancellation letter and confirmation for cancellation.

 

You joined David Lloyd Chorley on 24.10.11 on A Health & Fitness Individual and joined on a special offer of 2 months free. You were then put onto the corporate membership as you worked for ****** and paid 602.90 (10 months on our annual corporate rate).

 

Your renewal was due on 1.11.12 We received your written cancellation on 30.11.12. Therefore your 3 months notice was required. We sent a letter out on 03.12.12 conforming your cancellation along with the balance of £241.18 required.*****(my forename), we have 4,00 members here at DL Chorley and we must be consistent with our terms & conditions.

 

If you would like to escalate this further, please write in to the General manager who is based at the club.

 

Kind regards,The Membership Team.***********************************************

 

Hmmmm, funny DL only reply when reported to OFT.

 

I cannot fathom the last sentence out, asking if I would like to 'escalate this further' Probably a typo.

 

No phone calls from the above or DL. Should I ignore, make another offer of 1 months membership or ask them to take me to court? Thanks in advance.

Edited March 1, 2013 by slick132
split into legible paragraphs

[slick132]

Hi Von,

 

'escalate this further' They mean take the complaint higher. Have you not come across this before ?

 

I suggest the following reply to the gym as an attempt to bring this to a close. It pains me to make the repeated offer but, if it gets ARC off your back, it's money well-spent IMHO.

 

Dear xxxxxxxxxxx,

 

I thank you for your letter of 25th February.

 

I wrote to you on XXdate and enclose a copy of that letter for ease of reference.

 

I offered to pay you one month's fee at the time and explained my reasons for making this offer. You chose to ignore my letter entirely and have continued to ignore me until I recently lodged a formal complaint with the OFT. My offer was made for 14 days only and was then withdrawn.

 

However, in an attempt to bring this sorry episode to a close, I will repeat my earlier offer of one month's fee in the sum of £xx.xx. This offer is valid for 14 days only. Accept and I will pay promptly.

 

Fail to accept and I will ignore communications from David Lloyd and ARC. Any further collection activity will be the subject of formal complaints to the OFT.

 

Yours sincerely,

 

[Vondoothoven]

Thanks Slick.Can a person make a 2nd complaint to OFT to a company if they continue to harrass? Was just thinking about the last line. Yes, I have heard the term re escalate further before but I presumed we were near the top of the escalator with possible court action. Lol.Will send off the letter tomorrow to the General manager at my local gym and see what they say. They might have 4,000 members but how many are unhappy with being caught out re the 3 months cancellation notice and other issues? Me thinks loads.

[MrHat]

Subbing (sorry can not use thread tools on my mobile)

 

Very interesting thread

[slick132]

Hi Von,

 

It's not really a second complaint - just an update of further action by the gym and/or admin company which you feel is unfair to you and that the OFT can note for their own purposes.

 

[Vondoothoven]

Just received this from my local DL gym.

 

 

Thank you for your recent correspondence dated 5th March 2013. The contents have been noted.

 

As stated previous and as per your terms and conditions which were enclosed with the letter you received 25.02.13, the 3 month cancellation period will remain.

 

Your account will remain with ARC and you will have to deal with them directly.

 

Kind regards,

 

Richard Furlong,

General Manager.

 

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

They never give up, do they? I think they have no intention of taking me to court and hope that I will pay up eventually as they drag this out as long as they can. Even if it went further, the judge would laugh it out of court as I made 2 reasonable offers to the gym with one ignored, the High court decision in 2011 and the very recent OFT actions about unfair gym contracts would go heavily against them. Maybe I am mistaken, but it would be total madness for DL /ARC to take it further.

[slick132]

Hi Von,

 

In my opinion, no reply is required to this.

 

See what the delightful ARC come up with next ..................

 

[Vondoothoven]

Yeah, thought that, Slick. Its funny how DL reply at the very end of the 14 day time limit. lol

 

Will post any ARC stuff and will keep a log of telephone calls - I will ask for names as well on phone and spell their name out as if writing it down. Maybe that might spook them a bit.

[Vondoothoven]

Hiya,

 

Just got letter from Scotscall dated 13th March addressed to my old house:

 

IMPORTANT NOTICE - IMPENDING DEBT COLLECTION VISIT

 

We have been authorised to recover from you the above debt which has been outstanding for some time. It is really important that you make paymment within 7 days from the date of this letter to avoid the matter being escalated to the next stage of the debt collection process which involves a home visit.

 

Should you choose to ignore this Notice, your case will be referred to one of our field based Debt Collectors who will visit you at the above address to agree repayment arrangements with you.

 

Yours sincerely,

Scotscall Limited.

 

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

[slick132]

Hi Von,

 

Are you certain this is about the DL m/ship.

 

I only ask because Scotcall are not normally used for gym debts.

 

Also, where would they have the old address from. How long ago did you move.

 

Depending on your replies, I'll advise on a response.

 

[Vondoothoven]

Hi Slick,

 

Yes, I am certain its DL - sorry, I should have put in my last post that the letter had "CREDITOR: DAVID LLOYD LEISURE You owe £311.19"

 

As discussed with yourself, I informed DL of my new address when I wrote to my local gym to offer 1 month to settle so DL hasn't properly briefed Snotcall. Or ARC probably.

 

I moved on 25th Feb and only got the letter today.

 

 

I have read other threads on SC on this site and apparently they are at the bottom of the food chain. Just to clarify - SC personnel are not bailiffs and I can refuse to speak to them if they eventually visit?

 

Thanks Slick

[slick132]

Reply to Scotcall saying :-

 

I refer to your letter of xxdate.

 

DL are aware of my new address as shown here above.

 

This matter is in clear dispute and, unless you want to be included in an official complaint to the OFT, you should cease making demands immediately.

 

If they turn up on your doorstep (unlikely), read this - http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

[Vondoothoven]

Thanks Slick,

 

Really feel good after reading the other threads about snotcall and the fact that ARC has given up, although I suspect that DL may have dropped them due to not so clever Trevor and the recent contract changes forced on them by OFT.

 

Another good thing is that no one has my landline number which is great - if SC ring on my moby I will add them as a contact and won't answer future calls.

 

Slick, I am beginning to worry about myself - I am beginning to enjoy this!

 

Thanks very much for the help in the last few months - sincerely appreciated.

 

 

Von

[slick132]

Hi Von and you're v welcome.

 

I don't know yet if using Scotcall is a step further up the collection ladder (I suspect not) or simply another ploy by ARC to intimidate - hope you're not shaking in ya boots too much !!

 

I do think we'll be seeing a change in collection tactics following the OFT conduct agreement reached with Bannatynes, DL and Fitness First.

 

[Vondoothoven]

Received an interesting letter from Scotcall last week - they have passed my account back to their client - ARC Europe! They also sent back my letter to them I sent a few weeks ago warning them to stop hassling me.

 

Its a real roundabout now! Are they frightened of me? Chickens. lol.

 

Not a sausage from ARC or DL - me thinks it has died a death.

 

Will update if there are any more developments.

[slick132]

Hi Von,

 

Not a sausage from ARC or DL - me thinks it has died a death.

 

I hope you haven't just jinxed yourself !!

 

You could still hear from ARC.

 

It ain't over, till the Fat Lady sings !!

 

[Vondoothoven]

Just to keep up to date - nothing from DL or ARC since. looking good!

[slick132]

Hi Von,

 

Long may the silence continue !!

 

[Vondoothoven]

Still listening to the sound of silence.

[slick132]