Total Fitness - Membership Cancellation

[linik]

Hi Slick,

 

I have an email correspondence with a representative of the gym where I send proof of moving house with my new address in January, when I first attempted to cancel my contract due to this change. Other than this, I have not asked them formally and specifically to update my details anywhere.

 

In this latest letter you have proposed, you are saying they have failed to address my concerns, however they have proposed a new 12-month contract on the discounted lower price - could this be considered as a counter argument from their side?

 

Thanks,

 

L

[slick132]

Hi Linik,

 

I meant the letter drafted in post #13 - did this quote your correct address ?

 

They have NO counterargument !! They screwed up your DD payments and you had the right to cancel the DD to stop them taking further payments in excess of what was agreed..

 

You also had the right to get the DD refunded.

 

They had no right to instigate a new 12 month contract without your consent or signature.

 

[linik]

Thanks, Slick.

 

Yes, the letter from post #13 definitely had my correct address.

 

This is reassuring, thank you. Do you think it is worth including these points, the wrong address or that they have spelled my name wrong in the bank details of the original contract (which I just noticed) in my response?

 

Kind regards,

 

L

[slick132]

Hi Linik,

 

No, you need say nothing more to Regal than my draft in post #25.

 

Get a free Cert'te of Posting, or use RM Signed For delivery.

 

Keep us updated..........

 

[linik]

Hi slick,

 

I have received another letter from the debt collection consultants, please see a copy here.

 

As far as I understand, this case will be transferred to their legal consultants next. Is there any chance it will affect my credit score in a bad way and from your experience, would it be possible to resolve the issue at all without having to pay this amount?

 

Thank you for the help,

 

L

[slick132]

Hi Linik,

 

This is very unlikely to reach your CRA files unless court action is taken, and that is highly unlikely !

 

I also still maintain that you need NOT make any payments in respect of this matter.

 

I suggest the reply to Regal is :-

 

I refer to your demand letter of 21st June.

 

Despite the content of my letter to you of xxdate, you have chosen to make a further demand.

 

Accordingly, your breach of the OFT Debt Collection Guidelines will now be reported to Trading Standards and The CMA.

 

Please then make a formal complaint to Trading Standards, with a copy to The CMA saying :-

 

Dear sir or madam,

 

I was forced to cancel my gym membership with Total Fitness Gym when the gym took amounts in excess of what they agreed. I also had to cancel my DD mandate and seek a refund of the amounts overpaid using the Direct Debit Guarantee Scheme.

 

My letter to the gym dated xxth January refers and I enclose a copy for your information.

 

I have since been contacted twice by Regal Credit Consultants making payment demands. I enclose copies of their letters, and of my two replies.

 

I want to make formal complaints about :-

 

1. The gyms' failure to acknowledge their errors.

 

2. The gym's failure to accept that I had the right to cancel the DD mandate and the gym agreement, to protect myself financially from their administrative ineptitude.

 

3. The gym's decision to pass the matter on to Regal Credit Consultants in breach of the OFT Debt Collection Guidelines.

 

4. Regal Credit Consultants' decision to continue to press for payments, despite being told the matter was in clear dispute.

 

Please acknowledge this complaint and confirm it will be logged as necessary.

 

Yours faithfully,

 

I would send these by letter and see here for the CMA address - http://www.consumeractiongroup.co.uk/forum/showthread.php?442733-David-Lloyds-problem&p=4744811&viewfull=1#post4744811

 

[linik]

Thank you very much, slick. I will send these tomorrow.

 

Do I need to send a copy of the second letter to the Trading Standards as well?

 

Thanks,

 

L

[slick132]

Yup,

 

Send to TS and to The CMA please.

 

[linik]

Hi Slick,

 

I received a reply from the CMA today - please see a copy here.

 

Kind regards,

 

L

[slick132]

Excellent and thanks for doing that.

 

If we can get enough folk to complain like this, they will have to take note and may take action similar to the pro-active interventions by the OFT before they were superceded by The CMA.

 

[linik]

Hi Slick,

 

I have received two letters this week while I was away from home - from the Trading Standards and from Regal Credit - please see here.

 

Please advise on the best course of action now.

 

Please also note that I cannot afford any court charges and if it comes to this I will likely have to declare bankruptcy. I might be able to pay the current fee in several instalments, like they have suggested.

 

Thanks,

 

L

[slick132]

Hi Linik,

 

Trading Standards reply is pretty useless but at least The CMA logged the complaint properly.

 

It would probably be best to ignore Regal Credit's latest threat. Remember a few points :-

 

1. In 99.99% of all cases, no court action is taken.

 

2. Regal can "recommend to their client" all they want but this is just one more threat to try and un-nerve you.

 

3. If they DID take court action (highly unlikely), we would help you defend and this should cost you nothing.

 

4. You have good grounds to defend successfully.

 

Are you content to ignore Regal for now or would you rather reply ?

 

[linik]

Hi slick,

 

Yes, I am on board with your advise.

 

Thanks,

 

L