ARC Europe and LA Fitness

[roshambo]

Hi Chaps

 

I’m a new member and I’ve just spent the last hour reading through archives of what appears to be a very common problem – that of ARC Europe, acting on behalf of LA Fitness.

 

I work in property and deal with contracts worth a fair whack most days, so I’m ahead of most in my dealings with these utter clowns – I insist on only dealing with them in writing, and, when they call me (on their mobiles!) I simply tell them I’m unable to talk and put down the phone.

 

My story is slightly odd. Basically, my adventure started with LA Fitness by never signing a contract or never doing anything other than paying them some money, £45 from memory. Every so often, I would go to the gym, they would tell me there was a problem with my membership, and I would pay another month. Eventually, I got to know the reception people pretty well and to “make things easier” they scribbled down the bank details and I set up a direct debit.

 

Unfortunately, I injured my knee during a spin class for which I needed to start going to physio, so, never having agreed a contract, I simply cancelled my direct debit and stopped going.

 

I am sure you can all imagine where this argument is going, and the inevitable involvement of ARC. I have asked them to produce a signed agreement, to which they have sent me a receipt for £45 pounds sent by the receptionist by email and the terms and conditions I’ve never seen. I say I’m not paying anything beyond £45 as a goodwill gesture or they’re welcome to take me to court.

 

I guess my question is – where is this going to end up? I realise they’re relentless and I’ve always been skating on thin ice. Obviously, they’re powerless to do a thing except try and threaten and intimidate but they’re onto a loser if that’s their strategy with me.

 

My last letter to them was as follows:

 

Dear Sirs,

 

Ref: XXXX

 

I am writing in response to your recent written correspondence.

 

I have repeatedly asked you to contact me by phone only; this is not a request borne of avoidance, but to establish a paper trail to support any potential legal claims and essential for evidence which either side may need to produce at a later date. I hope this request will be respected going forward as the conduct of your call centre is often tantamount to verbal abuse.

 

I have reviewed the documents you have sent to me and I am still not in receipt of any signed or acknowledged terms and conditions for my alleged LA Fitness membership. I have received your email and sought legal advice. I am assured that an unmarked email acknowledging a payment does not constitute a legal commitment to 18 months of membership, which is rather pertinent being that I have not ever agreed to such a term.

 

However, even if LA Fitness had made an error in not making me sign a contract and considered me a ‘member’, the 2011 ruling by Mr Justice Kitchen against AMSL (*LINK*) states that you can cancel a ‘membership’ in a variety of ways, including cancelling a direct debit, an action I had undertaken.

 

I have read the LA Fitness terms and conditions and it appears that members are required to give one months notice in order to cancel a membership. I am not nor have ever been a contracted member of an LA Fitness gym, however, in the interests of fairness and ending this rather exhaustive process, I am willing to pay a fee equal to one month’s membership/notice of an LA Fitness gym (£45) providing this proposal is accepted in writing, including notice that the remainder of this ‘debt’ is cancelled and my ‘agreement’ considered fulfilled.

 

What should I do now? I'm starting to get rather bored of this...

[roshambo]

Oh, sorry, I should say that they're demanding £408.32 from me

[maroondevo52]

Hello and Welcome roshambo,

 

I'm sure Site Team member slick132 will be along to assist shortly, I'll send him a pm

[slick132]

Hi Roshambo and welcome to CAG

 

If they have no m/ship agreement signed by you, that's GAME OVER for them............

 

............ Unless you used an in-house sign-up system where you signify agreement by ticking a box. If you're sure this didn't happen, they have no agreement or contract with you at all.

 

If the gym let you use the facility on an informal basis, ie with no signed agreement, that's up to them. But your use of the gym, whether it was paid for by occasional payments or a DD mandate, does not constitute an agreement.

 

You are therefore free to cancel the DD at any time without penalty for a notice period.

 

I doubt your letter above will satisfy ARC and they'll persist with demands, threats, etc.

 

If they write again seeking payment, reply saying :-

 

I have never signed a membership agreement with LA Fitness, despite using the facilities occasionally and agreeing to set up a DD mandate.

 

In the circumstances, you have no right to demand any payments from me after I cancelled the DD mandate.

 

I will not pay you anything more and I may ignore further communications from you. I reserve the right to pass on to the OFT any further demands that you make, as part of a formal complaint to them.