Gold's gym & Zinc collectors

[macruha]

Hi guys,

I know it's not first time when people seeking for help on this forum and asking for help with Gold's Gym and Zinc collectors. I read some successful tread's about membership cancellation and would like ask you for help.

This is the story:

I went Gold's gym since February 2012 in London and in December 2012 decided cancel my membership, the reason - get a new job in North Yorkshire. I notify gym staff about it and filled cancellation form, manager mentioned that last payment would be made in January 2013 and I still can visit gym in January. I wasn't worry about it since November 2013, when I start receiving annoying calls from Zinc group collectors, who require 168 pound. In fact they doesn't send my any notification or mail/email for a half year. My partner was living before September 2013 in London at the same address, but she don't get any letter from Gold's Gym. All what they have been done since now - sending stupid promotion messages to mobile, but no word about problems with account.

When I contact with manager from Gold's Gym by email, that's what I received back:

 

Firstly I would like to apologies for the in convince caused.

 

As this is the first email I have received so far I have not received any telephonic conversation or any email. Your membership contract with Gold's Gym was a promotional membership which is 5 for £35 which is a rolling contract which is minimum bound for 12 DD, after completing of 12 months if you wish to cancel your membership a member needs to provide 30 days notice. Your membership commenced on 13/02/2012 as per t&c your last DD will be on 1st of February 2013; Your last DD was unpaid, Gold’s Gym did send Arrears letter there response. Hence Gold’s gym was forced to forward your details to debt collectors

 

For any further assistance please do not hesitate to contact me

 

Nice xmas present from Gold's Gym, hell yeah.

If you have any comments or advice about this situation, it would be very helpful for me, I know you are the best in same sort of questions.

 

Thanks a lot,

Jev

 

P.S: Sorry for grammar, English isn't my first language

[silverfox1961]

Hi and welcome to CAG

 

I would suggest a letter to Zinc demanding a full breakdown of this £168 as they should only be asking for the one months charge (which they would be entitled to under the 1 year contract unless their terms and conditions allowed you a get out by your moving as most agreements should.

 

I would also ask Zinc whether they are allowed to be chasing debts as they do not seem to have a credit licence from the OFT. I cannot be sure whether they actually need one as they are commercial.

 

As for Golds, ask them when they sent letters and to which address as you (nor your partner) received anything from them.

 

Ask them what administration charges they have added as these have to be reasonable costs, not a fixed fee.

 

Hopefully more peeps with more experience than me will be able to offer more.

[macruha]

Hi silverfox1961,

thanks a lot for very quick reply. In my head was the same think, why 168, they can charge only for one month maximum. Now I'm waiting for reply from Gold's Gym and will post it here, if it will be usable.

 

Thanks,

Jev

[ukaviator]

I think Zinc are the new trading name for Ultimate Credit Services which went bust a few years ago owing money to the Inland Revenue.

[slick132]

Hi Macruha,

 

My reply to Golds would not bother with "how do you arrive at £168." You cancelled with good grounds, moving elsewhere for a new job.

 

I would write back to Golds and send a copy of this letter to Zinc :-

 

Dear sir or madam,

 

In December 2012, I notified the gym staff that I was moving for a new job and had to end my gym agreement early because of this.

 

I filled in a form confirming the details. The manager confirmed that I would have to pay a final fee in January 2013 and I could use the gym during January.

 

After the January payment was made, I cancelled the DD mandate with my bank and assumed that was an end to the matter.

 

I therefore have no idea why Zinc are contacting me making demands for £168.

 

I owe nothing further than what I have already paid and I require your written confirmation, within 14 days, that no further demands will be made.

 

If I receive any further demands, a formal complaint will be made to The OFT.

 

Yours faithfully,

 

Let us know how they reply and if Zinc call you or write to you before Golds reply, ignore them.

 

[macruha]

Hi everyone,

sorry for delay guys, but it was Christmas and New Year time and all this time I tried to manage problem with Gold's. slick132 thanks for message example.

 

So what new?!

From the last conversation by email with Gold's staff I understood that Gold's don't want to resolve this problem without using Zinc collectors and probably I made mistake canceling my debit 1 months to early ( this wasn't clearly explained for me by manager at cancellation time ).

Just posting my last email to Gold's and response, if that ok.

 

Dear ***,

 

Thank you for information.

 

I have not been living at the address from the 20th January 2013 (have been relocated from LONDON). Though, my live partner have been staying in the address up to end of July 2013 and she can confirm, that I haven’t received any letters regarding this issue on my name to the property.

 

Despite the entire situation before 2014 coming, I would like to sort this matter. So could you please provide me with details for a transfer:

 

Account name

Sort Code

Account number

Reference number ( to make sure this time it will be done correctly)

 

When I will receive the details, I will make a transfer immediately for this one month payment of £35 + £10 pounds (for the administration fee, despite the fact I have never received any letters).

 

Looking forward for your reply

Kind regards

 

Dear ***,

Cancellation copy which was being signed by your self clearly state that your last DD was on 1/02/2013, which Gold’s Gym were unable to debit from your bank details provided while signing up membership. Unfortunately Gold’s Gym was forced to forward to your details to debt collecting agency

Your membership account is not with Gold’s Gym any more if you wish to settle your membership account, CRS (debt collecting agency) will be the right company you can discuss about payments. For any further information please do not hesitate to contact me

Kind Regards

 

XXX,

Club Manager

 

Also I contacted with Zinc as don't know what to do next and would like to finish with this. Zinc send me email and I was nearly ready to pay, when I notice some tricky statement: "...and update your credit file as ‘partially settled.’ "

Below full email from Zinc:

 

Dear ***

 

Thank you very much for your email of the 1st January 2014. We are pleased to offer a settlement of £126.00 ( was 168 in first email from Zinc ) on account number 1782293. Payment must be made by 28th January 2014.

 

Payment can be made by bank transfer or standing order – our details are as follows:

 

Name of Bank: HSBC

Account Name: The Zinc Group

Sort Code: 40-27-06

Account Number: 13665208

Zinc Reference Number: 1782293

 

Alternatively, payment can be made by debit/credit card by contacting me on 01789 273149 or online via our website: *** quoting your Zinc reference no. ***, account no. ***.

 

I am pleased to confirm that our client will be happy to accept this in order to close your account and update your credit file as ‘partially settled.’

 

Please can you confirm if you would like to take advantage of this offer? If you are unable to proceed with this offer, please contact me by 13th January 2014 to set up an affordable repayment plan.

 

To ensure that the above option is affordable, please complete the attached financial statement .

 

If I can be of further assistance, please do not hesitate to contact me direct.

I look forward to hearing from you.

 

Kind Regards

 

What do you think guys about it? Do I need to pay and forget about it or ? How do you like "partially settled" statement from Zinc.

 

Thanks a lot for everyone,

macruha

[silverfox1961]

Hi

Have you checked your credit file recently? It may be that they have placed a default on there. If so, that will stay there for 6 years and will seriously affect your credit. It may be just a standard template letter and they haven't removed anything regarding the credit file.

 

Either way (in my opinion) they cannot put partially settled as they are charging more than you owe!

 

If they haven't given a full breakdown of the charge you have to ask, Why?

 

I don't think this is going to go away anytime soon.

[macruha]

Hi silverfox1961,

thanks for reply.

 

Could you please describe how can I check my credit file? Zinc do not provide full breakdown, but I will ask about it - this is good idea.

 

Thanks,

M

[silverfox1961]

There are 3 main credit reference agencies:

Experian

Equifax

Call credit

 

Call credit also do a free service under the brand name Noddle although it does take some time to update the information but as it is free, hardly a complaint.

 

The 3 at the top all charge to use the website but Experian offer a 30 day free trial so long as you cancel early enough.

 

You can get a statutory report for £2 by using a form (available on the net) and using snail mail

[slick132]

Hi Macruha,

 

Check your credit file to see if anything about the alleged debt is showing. Let us know about this as soon as possible.

 

Normally, gyms and their admin companies DO NOT post any info about such memberships. I suspect the language used by Zinc, [........ and update your credit file as ‘partially settled.’] is meant to worry you into thinking they have reported info to your CRA files about this.

 

You should not offer to pay anything to Zinc or anyone for admin fees. If you want to pay Zinc a final fee, offer to now pay only £35 and nothing more.

 

You need to be very firm with the likes of Zinc and/or CRS, or they'll take advantage of you.

 

Tell them if they don't accept your offer, they will get nothing. Something like :-

 

Dear sir or madam,

 

I refer to previous exchanges about my Golds gym membership and I have now taken advice in the matter.

 

I am willing to pay £35 for the final month's fee (due on 1st Feb 2013) which you say I agreed to pay on the cancellation form.

 

However, I will only pay this on receipt of your written confirmation that you'll accept this in full settlement of all amounts owed to you and/or Golds gym.

 

I will not pay any amount in excess of the one month's fee. In particular, I will not pay any admin fees (penalty charges) added by Zinc or anyone else.

 

My offer to pay is valid for just 14 days, after which it will be withdrawn. After that, I will pay you nothing.

 

Finally, I am very concerned that you say, "I am pleased to confirm that our client will be happy to accept this in order to close your account and update your credit file as ‘partially settled.’

 

If you have reported this alleged debt to any Credit Reference Agency, you must inform me immediately. I will take all action necessary, involving the courts and/or the Information Commissioners Office to ensure that adverse credit data is not reported without proper cause or authority.

 

Yours faithfully,

[macruha]

Hi slick132,

thanks a lot for explanation, I very appreciated your help. I will check my credit file today with some of posted services and let you know about result. Of course I wouldn't like pay collector for nothing, better donate this money for this forum or charity.

 

Thanks,

M

[macruha]

Golds answer for today email if it makes sense:

 

Dear ***,

 

I have clearly stated in my previous email your membership account is not with Gold’s Gym anymore.

 

If you wish to settle your membership account which is being passed on to debt collectors, kindly contact concern party

 

Kind Regards

 

***

Club Manager

[slick132]

Hi Macuha,

 

Thats ok - now you just have to deal with Zinc and not worry about Golds at all.

 

Send Zinc that letter now.

 

I also suggest you don't write to Zinc or CRS without seeking our advice first, or you'll end up paying far more than you need to.

 

[macruha]

Hi guys,

still waiting for replay from Zinc, the last email was just notification that they got my email:

 

Dear Mr ***,

Thank you for your email I will refer all of your comments to our clients and be in touch with yourself in due course.

Kind Regards

 

Stay tuned,

M

[slick132]

Will do, but let us know if Zinc miss the 14 day deadline you gave them.

 

If you sent the letter by first class post, allow them 2 extra days for delivery. If you sent the letter by email, allow only the 14 days you gave them.

 

 

Edited January 21, 2014 by slick132
typo

[macruha]

Hi everyone,

time is over, I don't get any response from Zinc after 14 days - email was send 13 January. Do I need remind them or do something else.

 

Thanks a lot,

M

[slick132]

Hi Macruha,

 

It'll cost you nothing now to send an email saying :-

 

In view of your failure to respond to my email of 13th January, my offer to pay has now elapsed.

 

I assume you decided to let the matter drop.

 

I still require your written confirmation that no adverse credit data has been reported to any CRA about this matter. Any such report may be in breach of the High Court precedent set by the ruling of Mr Justice Kitchin in the case of The OFT v Ashbourne Mgt Services Ltd.

 

If you fail to reply on this point, I will complain to ICO and/or The OFT about your actions.

 

See if this prompts any response.

 

[macruha]

Hi slick132,

thanks, you a very helpful. That what I received from Zinc back :

 

Dear ***,

 

Thank you for your email, we did refer this account to our clients on the 15th January, but as of yet we have not heard back from our client.

 

In order to speed this process up for you, and provide you with the information that you have requested, We will close this account and return it back to the client.

 

Please contact client direct on :-

 

Telephone: 0845 230 1636

 

Again I do apologise that we are unable to resolve this matter with you.

 

Kind Regards

[silverfox1961]

Hi

Well, that's one off your back. I notice how they didn't respond to your query re: credit file. Have you checked yet?

 

Wait and see what Golds do now.

[slick132]

Hi macruha,

 

I was tempted to suggest you go back to Zinc and tell them you require written confirmation that they have not posted any adverse credit data.

 

However, they've dropped this like a hot potato which suggests to me that they don't want to stay involved at all.

 

Wait and see what comes next ..............