DW Fitness / ARC Europe

[adamw95]

Hi,

 

I signed up to LA Fitness in December 2014 under a 12 month contract, but was told this could be cancelled during the registration process.

I used the gym a handful of times. I haven't been since February 2015.

 

I paid my DD on time up until around October/November when I cancelled the DD,

I didn't send a letter or anything to the gym.

DW Fitness also took over this gym at some point last year which I was unaware of.

 

I've now received an email saying they will involve ARC Europe to collect the unpaid payments.

 

I understand I may be in the wrong here as it was a 12 month contract,

but the fact I didn't use the service for the majority of the time aggravates me as they are after the last couple of payments.

 

Where do I stand here?

If I have no leg to stand on I'll just pay up.

 

 

I just don't think it's very fair as I haven't used the service for the majority of the time.

 

Any advice is appreciated!

[slick132]

Hi Adam and welcome to CAG

 

Speaking objectively, you're in the wrong to have cancelled the DD mandate before the 12 months pay'ts were made.

 

You could have cancelled if you moved home, were made redundant or there were health issues. Whether you used the gym or not is irrelevant.

 

1. What date did you sign up.

 

2. When was the last DD paid by you.

 

[adamw95]

Hi Adam and welcome to CAG

 

Speaking objectively, you're in the wrong to have cancelled the DD mandate before the 12 months pay'ts were made.

 

You could have cancelled if you moved home, were made redundant or there were health issues. Whether you used the gym or not is irrelevant.

 

1. What date did you sign up.

 

2. When was the last DD paid by you.

 

 

Thanks for the reply!

 

1. 1st Dec 2014

2. 1st October 2015 (So I didn't pay the last 2)

[slick132]

Thanks Adam.

 

Cancellation of the DD mandate was notice of intent but it was too early.

 

Theoretically, you could argue that you were misinformed about being able to cancel earlier than after 12 months but this is probably not worth doing now. You should have made yourself aware of the T&C's when you joined.

 

Write to LAF's head office offering to pay the final pay't for November 2015 but tell them you will not pay any penalty/admin fees added by ARC as they are unlawful penalties.

 

Let us know how they reply but ignore any demands or calls from ARC.