DW and ARC

[yogini]

Hi,

 

I had a twelve month contract for a gym membership with Dw fitness that I took out in August last year. I have been poorly and in March this year had to move in with my parents on the other end of the country.

 

I wrote to Dw's head office in April to cancel with a copy of a letter about my benefits from the DWP confirming that I'm ill and that my address has changed. I waited a reasonable amount of time and heard nothing from them so I cancelled my direct debit, reasoning that if I owed them a month I would pay it, I didn't want to leave the direct debit ongoing.

 

I heard nothing about it all until I got a letter from ARC Europe on 8 July demanding three months payment (for May, June and July) plus admin costs. I told them that I had cancelled and sent proof of address. They said they'd look into it and then got back to me to say that although my cancellation was received, it could not be processed because I cancelled my direct debit before they processed it.

 

I offered to pay for the month's notice but they wouldn't accept that. I didn't understand why they were asking me for three months and only today have they clarified that they're seeking payment until the end of my original contract.

 

They originally said that the cancellation wasn't processed so my membership carried on until they decided to pursue it.

 

Do I owe them three month's worth of membership? Was my cancellation invalid? ARC have said they are now preparing a claim for the county court.

 

Thanks in advance

Edited July 18, 2014 by slick132
Please use paragraph spacing

[fkofilee]

Dont deal with ARC, deal direct with the Gym.

You are not inclined to deal with the DCA ta ny point for a gym membership. They will try to cash cow you.

[yogini]

Thanks for the reply.

 

So if I offer to pay Dw a month's money (for the month's notice after my cancellation), will they cancel the case with ARC? I haven't had any dialogue with the gym and I just assumed that they'd passed on the debt and that was that.

[slick132]

Hi Yogini and welcome to CAG.

 

I've put paragraph spacing in your first post to make it easier to read.

 

ARC are full of it !! They cannot refuse to process a cancellation just because you cancelled the DD mandate first. Do not speak to them by phone at all. Tell them to write if they have anything to say, so you have a clear papertrail.

 

Write to DWF and say something like :-

 

I wrote to you on xxth April to cancel my membership, giving valid reasons. As I heard nothing in response, I cancelled the DD mandate with my bank.

 

I now have ARC making ludicrous demands for amounts I do not owe and you must instruct them to stop this immediately.

 

If you believe I owe a further membership fee for the 1 month notice period, I am prepared to pay this once you confirm in writing that you accept this amount in full settlement of all that I owe.

 

Let me have this within 14 days and I will will pay promptly. This offer will lapse after 14 days and I will assume you need nothing more.

 

If ARC contact me again, I will make formal complaints about DWF and ARC to Trading Standards.

 

ARC's threat of court action is rubbish and they will not take this to court at this (or probably any) stage.

 

[yogini]

Hiya Slick and thank you

 

I thought it sounded a bit ridiculous that they can ignore a cancellation letter just because you cancelled your direct debit before they acknowledged it (I don't think they were going to acknowledge it anyway- they gave ARC Europe my old address and I only got the letters from them because my brother still lives there! I think they were going to pretend not to have received the letter but thought better of it). I just hope they don't decide to deny receiving the original letter now because when ARC pretty much admitted that they had received it they said 'but can you prove you sent it?'- so they're obviously willing to pull that one!

 

I won't be speaking to ARC again and I'll write DW that letter, thanks so much!

[Conniff]

Take note that there are no 'Please' or 'Request' in Slicks letter suggestion.