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Hi everyone,

 

this is my first post on a forum so please be gentle if I make any mistakes regarding forum etiquette.

 

I am at a loss as to where to turn to next

so I am hoping that you guys will be able to help me

(thanks to everyone in advance by the way).

 

I have been a member of DW gym in Oldham for a while and

 

out of the blue I received a letter saying I have cancelled my Direct Debit (DD) which I haven’t.

 

I popped into the gym and they confirmed that they have tried to take money from my account on ‘several occasions’ but they have been rejected.

Panicking that all my money had disappeared I went to the bank who told me that my DD is still live and I have plenty of credit.

They also confirmed that the gym have not been making requests for the money and if they did receive a request from the gym they would have paid it.

 

I returned to the gym with the evidence (statements and a list of my DD that are live)

and the finance manager told me I would have to wait to hear from the Area Manager (AM) and

in the mean time I would not be allowed to use the gym.

The phone call never came so I kept chasing them and was told the AM was off ill.

 

After about three weeks I received a letter from a debt collectors saying I am now classed as a ‘bad debt’

and will have to deal with them and pay their charges.

 

I phoned the debt collectors and told them I am dealing with they gym and explained about the AM being absent but am waiting for a response from him.

 

After lots of chasing and not hearing anything for ages and emailing them through the website

I phoned up head office and was given an email address straight to customer service.

 

I started emailing this and eventually got an unpleasant phone call off the AM who didn’t help at all

only told me that until I pay the money I owe I am not allowed to use the gym .

 

The problem is, that no one has told me how much I owe the gym and

I have since emailed them to ask if they can just tell me how much I owe,

 

this was the response:

After speaking with the area manager he said he feels he made himself very clear at the time you spoke to him

with regards what and why you owe DW sports.

 

Unfortunately at customer services we do not have the authorisation to overrule the area managers decision

and you have spoken to the highest point of contact.

 

We now consider this matter closed.

 

Kind Regards,

 

I now have the debt collection agency trying to find out how much I owe the gym as they appear to not be sure either.

 

I’m stuck racking up debt for no other reason that they refuse to tell me how much I owe,

Im petrified that this will go against my credit rating even though ive done nothing but try and pay and have had enough funds in my account,

the problem is that the gym decided to stop taking payment for some reason

 

and finally, will I have to pay for the time I have been denied access from the gym while they have refused to help me?

 

I’m perfectly happy to pay the money I owe them,

it’s a service which I have used and until this, been happy with.

 

But I really don’t feel that I should be forced to pay for the time I have not been allowed to the gym

for no other reason than their failings with finance and customer service.

 

I have never had to try so hard to pay someone!

 

Sorry I've had a bit of a rant but I just have no idea what to do.

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Stay off the phone.

 

The debt collectors do not care about you.

 

ALL they want is money, regardless of whether you owe it, or in your case, dont.

 

Ignore them and stay off the phone now.

 

Deal directly with the gym.

 

You arent using it due to their error, so you dont have to pay.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi renegadeimp,

 

thanks for your advice and help, much appreciated.

 

I only contacted ARC (the debt colletion agency) because the gym are refusing to help me or tell me how much I owe.

 

ARC seem to be the only ones who will help me (or said they would, but I am yet to get any info back.

I'm just concerned that this is going to escallate into something it really shouldnt be.

 

I'm wanting to buy a house soon and have tried so hard to build up my credit rating and this could set me back.

 

Thanks again.

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as far as i'm aware gym debts don't appear on CRA files?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Forget ARC even exists. If youa re worried, sit tight and slick from the site team will be able to step in and advise. He has years of experience with gyms. Also, as DX says, gym's do NOT appear on your credit file. No markers, nothing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi Smiggles and welcome to CAG

 

Before we advise on your next move, I assume that you do not want to remain a member after being treated so disrespectfully by the gym. Please confirm.

 

If so, then you have no need to pay them a penny more. It is their error in failing to make the necessary DD requests and/or subsequently failing to help you quantify the amount due so you could pay it and remedy the situation.

 

Let us know and we can draft letters to the gym and to ARC telling them their fortunes !!

 

:-)

We could do with some help from you

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Hi Slick

 

Sorry for my late reply, it's been a hectic few days. You are correct in thinking I no longer want to be a member of the gym. I handed my 'notice' in on 30/11/13.

 

Help with a letter would be hugely appreciated as I'm new to this type of thing and relatively naive and would hate to put in a simple phrase or comment which makes this even worse.

 

Thankyou again, hope all you guys know how much I appreciate this.

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Hi Smiggles,

 

To enable us to draft a suitable letter, please confirm :-

 

1. Date of the first letter saying you had cancelled the DD mandate.

 

2. Date you went in to the gym with proof that the DD mandate was still "live".

 

3. Date of the letter from ARC saying this was now a "bad debt".

 

4. Date of the letter saying the AM is God and cannot be challenged.

 

Thanks :-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 2 weeks later...

Hiya thanks for your reply, here are the dates:

 

The letter saying I have cancelled my DD is dated 16th October 2013

 

The confimation from the bank that they are still live and that I have sufficient credit was 28th October 2013

 

My letter from ARC was dated 6th November 2013

 

And the email declaring the AM was 'God' (HAHA) was recieved on 4th December 2013

 

I havent heard anything since of either ARC or DW.

 

Thankyou (again) and apologies for my late reply (again).

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Hi Smiggles,

 

If the DD mandate has not been cancelled by you with the bank, do this immediately.

 

Letter to DW Head Office and send a copy to the actual gym, for their info. Check and correct anything as necessary :-)

 

Dave Whelan Sports Ltd.,

Whelco Place, Enfield Street Industrial Estate,

Pemberton, Wigan, Greater Manchester, WN5 8DB

 

Dear sir or madam,

 

FORMAL COMPLAINT - DW Fitness gym, Oldham

 

I write to inform you of recent events concerning my gym membership and, in particular, to complain about the very rude manner in which I was treated by the Area Manager (AM).

 

For some reason unknown to me or my bank, DWF wrote to me on 16th October 2013 saying I had cancelled my membership DD mandate. This was not true but, to make sure, I contacted the bank who confirmed the DD mandate was still live. The bank said they would have paid any DD's if they'd been called for by DWF.

 

I took the list of live DD mandates to the gym as evidence that I had not cancelled the DD mandate. The Finance Manager told me I had to wait until I heard from the AM and, until then, I could not use the gym. The AM never called me so I called the gym several times, only to be told the AM was off, ill.

 

On 6th November, ARC wrote to me chasing "arrears" saying I was now classed as a "bad debt". [Please check what was said and use those exact words] The said I had to deal with them, pay what was owed and pay "penalty" charges as well. I contacted ARC and confirmed the matter was in dispute but I was waiting to hear from the AM.

 

After a lot of chasing and emailing through the website but getting no response, I called Head Office and was given an email address for Customer Services.

 

I emailed using the address given and eventually received an unpleasant phone call from the AM. He basically said that I could not use the gym until I paid what I owed. The problem I had was that no one actually told me what amount I owed.

 

I then emailed Customer Services again to ask what they wanted me to pay. The reply on 4th December was :-

 

"After speaking with the area manager he said he feels he made himself very clear at the time you spoke to him

with regards what and why you owe DW sports.

 

Unfortunately at customer services we do not have the authorisation to overrule the area managers decision

and you have spoken to the highest point of contact.

 

We now consider this matter closed. Kind Regards,"

 

After that, contact with ARC suggested even they did not know what was owed.

 

It is clear that any failure to collect DD payments was the fault of DWF and not me or my bank. Any arrears that accrued were not my fault and I am not willing to pay DWF anything more.

 

I now require within 14 days your written confirmation that :-

 

1. The membership agreement is cancelled due to DWF's failure to administer the monthly DD payments properly.

 

2. You accept what I paid in full settlement of all amounts owed by me under my membership agreement.

 

3. No further amounts will be demanded by you or by ARC.

 

Due to the nature of this complaint, I trust it will be handled by a senior staff member.

 

If you or ARC make any further demands, or if you fail to deal properly with this complaint, I will make a formal complaint to The FOS.

 

Yours faithfully,

 

See how they reply. :-)

Edited by slick132

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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