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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
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      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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La fitness now pure gym


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Help!

 

I have been a member of LA FITNESS for about 6 months and I loved the gym however mainly for the use of the pool.

 

During my time at the gym there were rumours pure would be buying the gym

 

I have been a member at pure before and hated it.

I contacted LA Fitness via telephone to enquire about the closure of the pool and they confirmed this would happen in October

 

once I had confirmation I definitely wanted to cancel however they explained this would not be possible!!

 

I also explained to them I was moving house to fareham where I wouldn't be able to use the gym anyway.

 

In the end this did not happen but they also said i could not cancel!

They asked me to speak to my gym personally regarding cancellation.

 

I went into the gym and they confirmed they were being taken over by pure and la fitness was closing down and said if I wanted to cancel I should contact their customer service as I already did and they would note on my account my closure but said due to the closure of the pool and the change of ownership I was within my right to cancel.

 

 

I cancelled through my bank and have since recieved a letter to say that I needed to fill in a direct debit form to continue my payment!

 

I received nothing else no emails or phone calls until

today when I recieved a letter from ARC EUROPE saying I owed £334.40!!!

 

I am absolutely gobsmacked it has gone from setting up my direct debit again to owing this money!

 

They gym is now refurbished and a pure gym so isn't even LA Fitness anymore!

 

There is nothing about this in my contract although it states if there is a change to the use of my gym

 

I.e my main use (the pool closing) I can cancel.

Or I move which at the time I was meant to I could cancel!

Please help!

 

I don't fancy a court case or paying for a gym that doesn't even exist anymore!!!

 

Help me please

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Arc are a dca

 

A dca has no legal!powers whatsoever

They are not baillifs

 

You've cancelled properly IMHO

And you owe nowt

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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There is no debt

 

You are being spoofed

 

You cancelled properly in my eyes

 

Slick132 will be around soon to clarity more

 

Or read a few threads here

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Emilly and welcome to CAG

 

The gym removed a key facility, the pool, and you were within your rights to cancel because of this.

 

Any suggestion to the contrary is nonsense.

 

I'd ignore any demands from ARC for now but you need to stay off the phone completely and keep all comm'ns in writing only.

 

Have you written to the gym at all to explain why you've cancelled ?

 

:-)

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Always ALWAYS keep correspondence in writing, unless you can record your phone calls?

 

Send LA Fitness a letter, obtain ''proof of posting'' which is free from the PO counter, and tell them that you have cancelled your agreement due to the changes to the gym.

 

Short and sweet and to the point, and inform them that ''I am mindful of your use of ARC and their demands for payments, you are held ultimately responsible for their action, as such continued harassment by them will attract a formal complaint to the relevant authorities, including but not limited to, the CMA and the police.''

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!

 

 

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