Cancellation of non existent membership of gym

[Tashatib]

Hi, I took out a 14 day trial of David lloyds gym. I suffered a shock Bereavement so did not attend the gym as regularly as I would have liked. I attended in the last hour of my final day of trial. I formed salesman wanted to see me prior to me using the gym.

 

Aggressive sales tactics ensued which were bullying. I informed the salesman that I did not want to join that nite... I told him I had had a recent sudden Bereavement and was tired and had come in to use the pool to relax. I also told him I had not been a to use the classes so was unable to decide if the gym was for me. More sales tactics. I was sent home to get my debit card. I returned stating I did not want to join. He then said he could take a joining fee but not submit my membership...

 

He would give me three one day passes to use over the weekend. If I did not contact him on the Monday he would not submit my membership into the system. He also said there was a 7 day cooling off period. I was eventually worn down and gave debit card for the joining fee. I felt cornered... There was no way he was going to let me leave and he was not listening to what I was saying. I was mentally exhausted. I was given no copy of paperwork. As I left I turned round to notice him sniggering with a male colleague.

 

 

I felt bullied into submission. This left me not feeling inclined to join the gym. Therefore I did not use the three one day passes. I Di not contact him by phone on the Monday saying I wanted to join. I sent a letter explaini g the above and stating I did not want to join the gym.

 

 

4 months later I find out two dd payments have been taken from my bank. I cancelled the dd.

I wrote a letter to the salesman stating this must be an administrative error and to refund me my money.

I have had no response from gym but not long after my letter... I have been contacted by arc europe chasing me for a ridiculous amount of money. A particular chap has been very aggressive on the phone. I have been threatened with solicitors.

 

I have a long term disability which is being exacerbated by what I can only call this fraudulent sale by this salesman who is obviously more interested in his commission than acting professionally. Would appreciate any advice.

 

Would appreciate any advice?

Edited December 18, 2014 by citizenB
formatting for easier reading

[BankFodder]

Get the money back from your bank by telling them that you are invoking the DD guarantee as the money was taken without authority and in breach of a contract cancellation. They won't like it. You will have to insist.

Write to the gym and lay out carefully exactly what happened. Factually without all the emotional stuff.

Tell them that you are reclaiming the money back from your bank and that if they want you are happy to see them in court where you will explain it to the judge.

 

After that, ignore everything unless you get a solicitors letter - in which case send them a copy of your letter to the gym. Then ignore everything unless you get a claim form in which case come back here. You are most unlikely to get a claim form

[Tashatib]

Thank you for the advice.

What about arc Europe? They say they want to see copies of the letters. Surely I need to deal with the gym direct.

Should I correspond with head office or continue with local gym?

What is a 'claim form'?

[dpick]

Arc are a no count DCA they have no powers if they insist on seeing the letters just send them a letter to say please find attached redacted copies of the letters you asked for and enclose a few sheets of toilet paper.

 

 

dpick

[slick132]

ARC Europe are just a DCA that chases money for their clients. They have no authority at all.

 

Contact your bank and get the DD payments returned under the DD Guarantee Scheme as suggested By Bankfodder.

 

They should not have told you that there was a cooling off period if there was not.

 

Read other threads here to see other similar cases.

 

[Tashatib]

Have now received a letter from Scotcall chasing for 240 pounds. They are threatening to come to the house if I don't pay. Is scotcall a solicitors? Or have Arceurope sold on the perceived debt?

[slick132]

Hi Tash,

 

ARC are just using a DCA to chase the "debt" and will not have sold it on. Ignore the letter from Scotcall for now.

 

Scotcall are not at all likely to visit your home. Even if they did, they have no power or authority and you can simply tell them to go away, then close the door. You have no obligation to speak to anyone about this and you should keep everything in writing only.

 

Did you write to the gym as suggested above.

 

Did you tell your bank you required the DD's to be refunded under the DD Guarantee Scheme. Did the bank comply.