Latest target of ARC Europe on b/o David Lloyd!

[leighjones123]

Hi All,

 

I'm new here - and to issues like this! Please be gentle !

I've tried to do my research first, so I've been through many different forums and articles reading the many accounts of people in a similar situation to myself. So - I've definitely got a bit more of an understanding after that, but would really appreciate your views and guidance on where I need to take this.

 

There's many different posts out there, letter templates, responses, etc. Some quite conflicting, and situations not exact to mine - so thought a thread to ask for help was the best!

 

Situation (apologies, probably one you've read a million times...)

- Joined David Lloyd Warrington (Nov 2010)

Can't find exact date, but looking back at banking history, first payment debited 1st Nov 2010

Originally signed up on the 'Young Person' rate membership @ £47.97pm taken by Direct Debit.

 

- Membership all fine.. Until I got a promotion at work, which meant I was travelling up and down the country, working long hours on various projects etc.

Spoke to DLL, I told them I knew I was contracted, but is there anything they can do? They said no. Fair enough, I thought. Not their issue I guess... Membership continues.

 

- Turn 21 (July 2012)

Receive a letter to state that my membership is increasing to the full adult rate of £76.00.

I knew I was now outside 'Minimum Period' but wanted to start using the club again (not been for many months, so accepted this.

 

- Sept 2012:|

Outgoings increased, and had some banking problems. Had to cancel Direct Debits so that they weren't bouncing..

Paid 1st September's DD fine @ 75.00.

Sent notice to cancel membership (at the time, did not know this was 3 months, thought outside of minimum period it was only 1)

 

- Oct 2012

Received email from DLL to say i'd not paid (because my DD was canx). I'd forgotten about this, so paid it on my card.

Paid DLL by card online on 31st October to bring me back up to date and to cover (what i thought was) my notice period.

 

- Past few weeks

Been missing calls from an 08 number, I now know it DLL. Answered the last one, a few days ago, but was in a meeting at work. I said I'd not got time to talk, and asked if she had a number for me to call back on. Agent said she would give me a callback later that evening. None received.

 

- Today

Received a call from 07814048788... Thought it was strange, and might be work related (as calling in work hours), so called back... The line didn't ring, and was Auto Answered by someone as 'Hello ARC'. Conversation goes as follows (...ish!)

 

I told them I had a missed call, and asked who they were.

The agent said they we're from ARC Europe Ltd acting on behalf of David Lloyd.

I said, oh okay, how can I help?

Agent asked 'So you've had a missed call of us yeah?'

I confirmed.

Agent then typed in my number to his computer (I didn't give him number, can only guess he got it from Caller ID).

Agent says "Ah yes Mr Leigh Jones, You're in arrears with David Lloyd and you owe us £374.00. Can you pay that now?

A bit taken aback, I said "Oh right, OK. I've not received anything in the post, have you sent something?

His reply was "Yes, we've sent it today. You need to pay this as we've got legal proceedings pending for you"

I was now a bit narked, and responded "That's fantastic, thanks. I'll look forward to reading your letter. Please make a note that I no longer want to communicate via telephone, and will only deal in writing."

To which he responded "Right, well you best call us back" and terminated the call.

 

As promised, I've come home to a delightful letter from ARC Europe Limited stating that I have 'bad debt' with David Lloyd Leisure, and the usual 'unless full balance is paid to us in 10 days we may pass your account to our Solicitors with instructions to prepare court proceedings" and than the usual waste of ink around how to make a payment.

 

I don't think it's fair that I have to pay this as I've handed in a notice:-o... Although I know it's their word against mine - and i'm annoyed at myself for not thinking to do recorded delivery..!

 

I need some help please...

 

• ]How should I move now? I've already missed another call from ARC earlier this evening.
  
• Should I answer the phone and try and talk it through with ARC? (Gut feel is 'No.)
  
• Are they able to 'black-mark' my credit file? Currently DLL doesn't appear on it, and I have a perfect credit file I really don't want to damage...
  

 

ALSO...

 

I'm led to believe that the agent that answered my call today is in breach of Data Protection. They didn't ask me for any personal details to confirm identity, just used my Caller ID to bring up my details, and started quoting what I owed (and my name!). I've worked in Call Centres for a major Mobile Phone network for the past 5 years, and we'd be in trouble for that! - Do I call them back, and try and express my complaint re this, or should I write?

 

Any help that anyone can provide will be fantastic.... Sorry for the awfully long post, I think I've got a bit carried away...!

 

Many thanks in advance,

 

Leigh x

[dx100uk]

hi LJ

 

there are plenty of threads in this forum that detail

what to do

 

basically

 

you really need to stay off the phone now

 

everything in writing.

 

the DCA will have no legal powers

they dont own the debt

so can do nowt

 

they ARE NOT bailiffs.

 

slick will pop in later.

 

dx

[leighjones123]

hi LJ

 

there are plenty of threads in this forum that detail

what to do

 

basically

 

you really need to stay off the phone now

 

everything in writing.

 

the DCA will have no legal powers

they dont own the debt

so can do nowt

 

they ARE NOT bailiffs.

 

slick will pop in later.

 

dx

 

Thanks dx, much appreciated.

 

Understand there's lots out there but lots of conflicting info as mentioned.

 

Many thanks for reading,

 

Leigh

[slick132]

Hi LJ and welcome to CAG

 

1. You say you gave notice to cancel in September - was this by letter or by email.

 

2. Do you have a copy of this.

 

3. Does the ARC letter give a breakdown of how they arrive at the sum of £374.

 

If they've added any admin charges, they're penalty charges and are not legally enforceable.

 

Also, you have a reasonable argument that the requirement for 3 months notice to cancel is not fair to you as a consumer, particularly when it effectively ties you in to a contract for over 12 months even when you've paid the initial 12 months' m/ship fees.

 

If ARC call you again, tell them you you'll not discuss this by phone at all and hang up ! Keep a note of any calls with time and date and what was said. Making the threat that legal proceedings are pending is a serious misrepresentation which you may have to complain about in due course.

 

[leighjones123]

Hi Slick,

 

Thanks for your post.

 

This was by letter. I've got a copy on my laptop, but didn't get recorded delivery (stupid mistake..)

 

No, the ARC letter didn't give any form of breakdown. Just states arrears @ 96.00 and total sum owed of 374.00.

 

I'll make sure I keep a log.

 

Do you recommend responding to this letter, or should I see what their next move is?

 

Many thanks once again,

 

Leigh

[slick132]

At this stage, this matter is unlikely to affect your credit rating at all. Since the case of the OFT v AMSL last year, the CRA's appear to be far less willing to carry data about gym contracts - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

I suggest you reply to ARC as follows:-

 

I refer to recent phone calls and your letter of xxdate demanding payment of £374. I deny owing any such amount to David Lloyd or yourselves.

 

I will only deal with this matter by letter or email and you must not call me any more. Further phone calls to me will be considered to be harassment and will be reported as necessary.

 

I cancelled my contract in September 2012 and paid for October (being one month's notice). I had to cancel the membership due to financial difficulty and I cannot afford to pay any more for the gym membership.

 

If you believe I still owe anything, please supply a breakdown of the amount you seek, together with a copy of any agreement signed by me which gives you the right to demand payment.

 

See how ARC respond and we may then choose to ignore them and deal only with DL direct.

 

[leighjones123]

Thanks so much for your help...

 

I'll get that off to them tomorrow and see what happens!

 

Many thanks,

 

 

Leigh