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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
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LA Fitness/ARC Europe Success Story


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Dear CAG,

 

I have had similar issues as other forum members with LA Fitness engaging ARC Europe to chase for 'debt'. I received a number of letters from LA Fitness claiming I owed a months membership, then two, then that they were referring the issue to an outside agency. In fairness, I ignored this as I knew I did not, and had followed the cancellation policy correctly.

 

Eventually I started receiving phone calls, text messages, emails, letters, and voice mails from ARC. The initial phone call I answered as it came up as a mobile number and I did entertain a couple of other calls to no result. They were fairly non-threatening, until they started escalating the costs and the severity of their threats to court and legal action. The language used was always hypothetical; 'if', 'could', 'may' etc. and because of that I was still fairly unconcerned about their legitimacy.

 

However, I eventually received a call from a chap who was rather more threatening and aggressive in his manner - his tone and approach was quite invasive and he started putting immediate time limits on when I could pay by. He suggested that if I didn't pay by 8pm that evening there would be consequences in terms of the progression of the issue.

 

That was enough for me, so looked on-line and found this website. It instantly validated my scepticism, and having found a couple of threads with example letters, used their content to draft the below and sent it to ARC. Given I was getting contact on a near daily basis, I haven't heard anything for a month so consider they have received and understood the letter.

 

I would like to offer my thanks to the forum, and particularly 'slick132', for their patience in assisting others with their dealing with these companies. I can definitely understand how the nature of their communication would very easily scare many people into giving them significant amounts of money that they do not owe. I hope the below letter helps to prevent this as well.

 

Best

 

 

 

Dear Sir or Madam,

 

I refer to my monthly membership at LA Fitness *location* gym.

 

I visited the gym confirming my need to cancel. I followed this visit up with a phone call to head office. I cancelled my Direct Debit mandate via my bank after the months’ notice period on instruction. These actions are adequate notice of my cancellation of the gym agreement, as per the case of The OFT v Ashbourne Mgt Services Ltd in 2011.

 

I am now being pursued for further payments from ARC which I will not pay.

 

If LA Fitness or ARC continues to seek payments when I have cancelled my membership properly, I will report the matter to The OFT and Trading Standards without further warning.

 

I owe LA Fitness nothing and I will not pay you any more.

 

Yours faithfully,

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Hi LordP and welcome to CAG

 

Firstly, thanks for your kind words. :oops:

 

I would love to think that one of my letters brought ARC's antics to such a quick end.

 

But experience here over many years suggests that you may still hear from them further.

 

Please keep us updated in a month or two and, if you want any advice, give us more details re dates, etc.

 

:-)

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It's nice to see someone who knows right is on their side 'tell' them and not ask. That is all these companies understand. Mind you, they will just do the same thing to the next poor sole and probably with better results.

 

 

Well done.

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Let's hope it's ended – but don't bank on it.

 

I suggest that you read our customer services guide, implement the advice and get ready for any further contacts.

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