Harrassing phone calls and letters from ARC/ DAVID LLOYD

[Curlywurly78]

Hi there everyone I would really appreciate a response as I a unsure what action to take next.

 

I paid an upfront yearly fee to DL last July and verbally agreed that it was for just a year.

 

 

I was away on holiday during the end of June and began getting phone-calls.

When I arrived home I had a letter saying I owed 87.50.

 

 

I phoned DL and explained this was incorrect as it had been agreed I was only joining for a year.

They inisisted I pay and I disputed.

 

 

I ended in some email ping pong

- during the last one I requested a copy of my personal contract (I am well aware this is not filled in correctly

with boxes not being ticked and a comment FINAL AMOUNT OWED £.....

as well as no date next to the signatures).

It is incomplete.

 

 

I received an email back from DL last Thursday saing they were looking in the archives for my contract?? and would be in touch.

I heard nothing and assumed they had misplaced it and hoped that was the end of it!

 

This morning I got a phonecall from a mobile number - I unfortunately picked it up and it was ARC.

They insisited on me giving information which I refused, I didn't realise they were calling about DL initially.

They told me I had to pay the money immediately as I was in debt.

 

 

I told them that infact DL were incorrect and I was awaiting my contract.

I asked them not to call again.

 

 

The post has now arrived and I have a letter from ARC saying I owe 377 pounds.

I will not pay on principle as DL are wrong and I owe no money.

I am quite able to cancel membership in the time period required.

 

My questions are

 

Do I reply to the letter from ARC or ignore?, if yes what would be the best response?

 

Is there any legal action I can take re harassment?

 

Thanks so much in advance I appreciate any advice.

 

Best wishes x

[dx100uk]

they nor any silly DCA or fake/tame sols

have any legal powers

 

 

they are NOT BAILIFFS

[Bazooka Boo]

Ignore them, your dealings should be with DL, and ONLY DL.

 

As DX says, any other parasite that sees fit to jump on the band wagon is simply in it for themselves and if you're unfortunate

to answer the phone to them again, just laugh before hanging up.

 

You could make a formal complaint to DL about their use of puerile tin pot third party clowns ARC, and demand that they call

their petty lap dogs off or you will seek legal advice with a view of having them up in court to answer a case of harassment.

 

Nothing should be done over the phone, unless you can record your calls, keep everything in writing and get a paper trail of evidence.

[Curlywurly78]

Thanks so much for advice - I will await a response from DL and maybe send them a letter of complains and ignore the rest - will keep you updated on progress!

[slick132]

Hi CW and welcome to CAG

 

You can ignore ARC for now and try to deal with DL but the gym may make this difficult.

 

ARC are tenacious and you need to try and do everything right if you are to get them off your back.

 

1. When you joined and paid for the year upfront, did you get a copy of the gym agreement.

 

2. We need to know if the agreement was ever described in writing as a 1 year agreement.

 

We'll deal with letters to DL and ARC when we have enough info.

 

In the meantime, stay off the phone completely. If ARC call you, tell them "In writing only !", then hang up. Keep a log of time and date of all calls in case a harassment compliant is needed.

 

Read other threads here to see how others have been treated by DL and ARC. Do not be guided by Dolly1603's thread - she decided to pay a reduced settlement figure to end her dispute.

 

[Curlywurly78]

Hi Slick thanks for your reply.

 

The agreement was never agreed in writing as a one year deal but it was verbally agreed

and I have a copy of my contract which I signed.

 

 

On it is the words total amount owed.....and as it was agreed verbally it was a one year contract

she specifically wrote on that the date of next payment was 1/07/14 the date I joined (as it was agreed this was the only payment I would make)

 

 

the box that needs to be ticked to say it is a standard membership (needing 3 months notice) is not ticked

and the form is signed but there are no dates on this section.

The contract is therefore incomplete and indicates the verbal agreement made.

 

I will ignore ARC as suggested - I am awaiting a copy of my personal contract from DL I have requested they send to me.

 

If they can not find it there is not even a contract at all - if they can it is extremely debatable.

 

What would you advise?

I have so much going on in my life and really could do without all this additional stress.

 

Thanks in advance, really appreciate your help.

 

Best wishes x

Edited August 13, 2015 by slick132
format

[slick132]

Hi CW,

 

I hear what you say about the verbal agreement but unfortunately there's no proof of this. In any dispute, documentary proof will always be more persuasive.

 

Nothing more to do for now except wait for DL to fwd a copy of the agreement.

 

Let us know if you hear further from DL or ARC.

 

[Curlywurly78]

Hi Slick

 

Yep I understand that re verbal agreement, however my contract is incomplete and would back up my argument of a verbal agreement.

 

I will hang fire and wait to hear from DL - will let you know if anything arrives.

 

Best wishes and thanks again

 

X

[Curlywurly78]

Hi there

 

I hope this shows up as it is a pretty old post now. I had heard nothing from ARC or DL since 14th August and assumed that was it. Out of the blue I received a phone call last week, I was caught off guard and picked it up. I told them that they were harassing me and hung up. 3 days letter I received a letter from ARC stating that my case was being passed to their legal team and I have ignored it. Today I received another phone call which I did not pick up. A robot answer phone message was left stating I need to contact ARC. I have blocked the number...they seem to use loads though so not sure it is of any help!

 

I have still not received a copy of my incomplete contract and have heard nothing more from David Lloyd.

 

Shall I just ignore?

 

Thanks for advice and look forward to hearing back.

 

All the best

 

Emily

[Bazooka Boo]

Definitely ignore them yes, although I would be tempted to send them the telephone harassment letter just so they know that further calls will be treated as harassment and will be reported as such, to the police if needs be.

 

You should also make a formal complaint to DL and express your disgust with them about their use of powerless DCA's who commit the criminal offence of harassment and that you hold DL ultimately responsible for their actions, and any such legal action that you choose to take will involve them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

Send it 2nd class post and obtain ''proof of posting'' which is free from the PO counter.

[Curlywurly78]

Hi there again - just need some reassurance I am doing the right thing.

I have had another 5 phone calls from ARC since I last wrote and lots of robot answerphone messages left.

I have ignored them all and blocked all numbers they have come from.

Today I have received a text message saying I must contact them before 8pm tonight blah blah blah.

I am not currently at home and have been away for several weeks so have no idea whether they have sent another letter since their more recent threat of legal action.

I am still awaiting a copy of my contract which I requested way back in July and have never received.

What would you advise? I haven't communicated with ARC at all.

Thanks

[renegadeimp]

Keep ignoring.

[Curlywurly78]

Keep ignoring.

 

Thanks for the reassurance I am getting so fed up now it seems never ending....

[Bazooka Boo]

You have sent the telephone harassment letter yes?

 

Keep a diary of all their phone calls.

 

As for their silly text messages forward them to 7226 (Spam on your keypad)

[Curlywurly78]

Hi there

 

I got home after being away for a couple of weeks and have a letter from ARC basically saying they are taking me to county court if I don't cough up in14 days. Do I keep ignoring and just send letter to DL re harassment (which I am planning on doing tomorrow?)

 

Thanks for advice

 

Best wishes

[dx100uk]

no you didn't

read it properly

it does not say WILL anywhere

 

 

dx

[Curlywurly78]

Hi DX thanks for reply It says

 

A court claim will be prepared 14 days after the date of this letter, unless we receive full or substantial payment. Blah blah

 

I'm just a little concerned ... Thanks for any more advice you may have.

[slick132]

Hi CW,

 

I would ignore this threat from ARC.

 

Write to DL saying :-

 

You have yet to supply a copy of my signed gym agreement which was promised by David Lloyd on xxdate during a telephone conversation.

 

Since then, ARC have made written demands for increasing amounts and they have now threatened court action.

 

They are harassing me and I will make formal complaints about both ARC and David Lloyd as it is you who have caused/allowed ARC to harass me.

 

I require that you tell ARC to make no further threats or demands by letter and they stop calling me.

 

I joined for a year and paid up-front. I chose not to renew as is my prerogative and you have no right to cause/allow ARC to harass me.

 

[Curlywurly78]

Thanks Slick

 

Appreciate - just to double check would you definitely respond at this point? Rather than continue to ignore?

 

All the best

[dx100uk]

they are not the owner of the debt so cant instigate a court claim

 

 

can you scan the letter up please

 

 

follow the upload

[slick132]

Hi CW,

 

I think it wise to write to DL at this stage because you've sent nothing to them in writing about the dispute

 

[Curlywurly78]

Hi Slick

 

Thanks for your response much appreciated - I will write a letter tomorrow and get it sent off to the local club and main office. Will keep You posted.

 

All the best

[Curlywurly78]

Hi there everyone.

 

Apologies for not scanning in my previous letter, my scanner is playing up and I have not had a chance to look into it.

I have sent a letter to DL re harassment several days ago. Since then I have had 8 phonecalls on my mobile and house phone and this morning I have received a letter from Majorlaw solicitors claining I now owe 505.04 and that they have prepared a CCJ against me at Northampton county court.

 

It says that if I ignore the letter they may proceed to issue the claim in 14 days and without further notice.

 

Do I continue to ignore them and await a response from DL?

Any other advice as it is getting really stressful now?

 

Thanks in advance

[Bazooka Boo]

IMO I would simply write back to Major Flawless stating that this is in serious dispute with the Gym, as such any claim they attempt to bring will be robustly defended as vexatious, you are still waiting for DL to respond to your letter as such, any and all future correspondence will be treated as harassment and reported as such to the relevant authorities to investigate.

 

There is zero need to get stressed by this, this isn't going anywhere near a court, it's just willy waving.

[dx100uk]

read the letter properly it does not say will anything.