TNC debt collection phone calls regarding an alleged gym debt

[AGHurst]

Hi,

 

I have just signed up for some advice as my mother is panicking after receiving phone calls from a company called TNC.

 

She had a gym membership that ran until October 2013, and

I served 30 days notice in the form of a letter last September (so far all was well)

 

last month a company got in touch over the phone stating that my mother owes

several hundreds of pounds due to the gym not receiving the letter of notice.

 

My mum was about to pay when I asked to speak to them,

and said I infact wrote the letter as my mum isn't the best on computers

and sent it off on her behalf.

 

Just this morning TNC have been in touch again saying they have been back

in touch with the gym and no such letter was received.

 

I clarified that I posted this and as such I considered the matter closed

and was not going to acknowledge this alleged debt.

 

I also stated that I no longer wish for my mother to be harassed by telephone

and if they had anything to say they should put it in writing.

 

The agent must have took exception to this and called back no less than six times within 30 minutes,

demanding to know what knowledge I have on the subject, asking for my job details etc.

 

I have been in touch with a debt helpline on behalf of my old dear

who said to write a letter to the gym stating my mothers issue. I have drafted this.

 

I would like to know if anyone has any input or assistance they could offer on the matter

as my mum is panicking and wanting to pay hundreds for the sake of a £15 a month gym membership

that she cancelled off when she could.

 

The debt collection agency also have the wrong address for us a

s in they have avenue instead of grove for us if this makes any difference

as I asked them for clarity regarding this when on the phone in the early stages.

[xemployerrus]

So have the gym been asking for payments between September and now?

Did they give acknoledgement that your mums membership had been canclled due to the 30 days serving notice in October?

any contact at all?

Do you have proof that the letter was sent by yourself and received by the gym?

 

TNC - send them off a i know nothing of the debt prove it letter.

 

templates can be found in the CAG library

[AGHurst]

*The gym have never been in contact to say they never received notice or to wonder why the payments have stopped, they must have escalated or sent the matter to TNC without trying to resolve it with my mother first.

 

*No acknowledgement was ever received to our intention to stop the membership, but having never had a membership before we thought it might be a cost cutting exercise not to acknowledge that the contract had been fulfilled/left.

 

*No contact from them at all, I did write a post on the gyms facebook page this morning stating that I would join their gym with caution and outlined details of my mothers case. The post was promptly removed and the manager inboxed me saying he would look into the matter and respond this afternoon.

 

*No proof it was sent as it was posted recorded delivery but this was in September so the receipt has been cleared out with so much time passing. I have the original letter I sent saved on my computer, but that doesn't prove much.

 

*Send them a I know nothing of the debt letter lol.

 

*I think any correspondence would have been sent to the wrong address as I stated when the collections agency first called they were half reasonable, in stating they would refer back to the gym as I was adamant I had cancelled the contract in accordance with the terms of the contract. The chap clarified my mums address as smith street instead of smith grove, and I thought why should I bother to correct him if he doesn't have the write paperwork.

[dx100uk]

moved to the gym forum

 

have a read of a few threads here

 

there is nothing they can do to her

 

they are NOT BAILIFFS

and have no such legal powers

and can be almost ignored

 

fire them off a telephone harassment letter.

 

dx

[MUTT1]

Hi AGHurst,

 

If you posted your letter via recorded delivery then you could use the Royal Mail Track & Trace facility on it's website. You can obtain info as to which R M office the letter was delivered from and also a signature of the recipient. You could use this as proof that a letter was, indeed, sent to the gym.

 

Regards

 

MUTT1

[AGHurst]

Unfortunately with the letter being sent back in September we no longer have the receipt, will this be detrimental to this issue, ie meaning we are unable to prove the cancellation letter was infact sent.

[slick132]

Hi AGH and welcome to CAG

 

Please tell us what gym YM was using.

 

If you still have a copy of the cancellation letter on your PC, that will be fine. Make sure both the gym and TNC have your correct address. You want to be sure that you see all letters, threats,etc.

 

Write a letter to TNC saying this matter is in clear dispute and, if they contact you by phone just once more, they will be reported to Trading Standards without further warning. Confirm they can write to YM if they want but, if they simply send more demands and/or threats, they will probably be ignored and may, again, be reported to Trading Standards.

 

Write to the gym confirming that :-

 

1. TNC are harassing YM with phone calls including 6 within 30 minutes !

 

2. You hold the gym directly responsible for instructing these buffoons and formal complaints will be made to Trading Standards about the gym and the DCA if YM is called again.

 

3. YM cancelled the gym agreement in writing as required and you enclose a copy for their records.

 

4. If the gym suggests they "never received the letter", that is not your problem although it is strange that a lot of gyms tend to "not receive" a lot of such cancellation letters.

 

5. You require written confirmation by return that the gym accepts the cancellation was made properly and that no further fees and or admin charges will be demanded.

 

Don't worry about using RM Signed For delivery. With gyms and admin companies, you needn't waste your money.

 

Please tell YM that we have dealt with thousands of similar cases and she should stand up for her right not to pay any more after cancelling properly last year. Please also be aware that any admin charges they added are unlawful penalties and cannot be enforced.