Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep- you either do or you don't, I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
  • Our picks

Curlywurly78

Harrassing phone calls and letters from ARC/ DAVID LLOYD

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1534 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

they nor any silly DCAlink3.gif or fake/tame sols

have any legal powers

 

 

they are NOT BAILIFFS


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

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 by slick132
format

Share this post


Link to post
Share on other sites

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.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

Keep ignoring.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Keep ignoring.

 

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

:!:

Share this post


Link to post
Share on other sites

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)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

no you didn't

read it properly

it does not say WILL anywhere

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks Slick

 

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

 

All the best

Share this post


Link to post
Share on other sites

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

 

 

can you scan the letter up please

 

 

follow the upload


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

read the letter properly it does not say will anything.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...