DW Membership Cancellation Problem

[Phil199-]

Hi,

 

I joined DW Fitness back in January and was fine with my contract for a few months before I began developing chest pains. I had no history of heart problems at the time but I did have a family history so I thought it was worth checking out.

 

I was then referred for ECGs, Echocardigrams and a whole manner of tests over the next three months whilst being told that I wasn't allowed to continue exercising because it was putting stress on my heart. I explained this to the person in the gym and she said it was fine, I had grounds to cancel since I was already three months into my contract I only had three to go. It also states in the terms and conditions that I am able to cancel if I go into the gym and speak to a person.

 

The tests revealed that it wasn't anything sinister and I still have them all on file, but now DW are saying that I never cancelled and they knew nothing of my medical condition. They are sending me emails saying that I needed to pay the final three months and that they have now added fees on top.

 

I have recently had a letter stating that they will add around 120 pounds onto the debt in 14 days if I don't respond then they will take me to court.

 

I have called them and been waiting on the phone for 45 minutes to speak to them before the woman rudely told me that there is no information stating that I had cancelled and that I am lying so I have to pay. I have the medical reports to back me up but I have no idea what to do or if I have to pay it because I'm in breach of contract.

 

Any help would be greatly appreciated, I am terrified they are going to send me more letters telling me the bill is even higher. I am currently receiving daily calls from ARC telling me that I need to pay, it is less than 70 pound that I currently owe, I don't know why they are being this rude.

[slick132]

Hi Phil and welcome to CAG

 

Take time to read other threads here and you'll see how gyms and their admin companies try to stop/delay/ignore cancellations and pile on admin fees. We always tell folk to challenge admin fees and not pay them. So do NOT worry about them adding their fees ! Let them add all they want - it does NOT mean you have to pay them anything.

 

Stay OFF the phone from now on and stop taking their threats seriously. Other threads here will show you that these chancers do NOT take the actions they threaten.

 

You had grounds to cancel with just one month's notice due to your health issue. It did not matter how long you'd been a member.

 

After you told the gym staff about the heart investigations, you needed to pay just one more fee and maybe show them a GP or hospital letter.

 

1. When did you tell the gym staff about this issue.

 

2. When was the DD paid each month.

 

3. What was the last date they took a DD.

 

[Phil199-]

Hi Slick,

 

Thanks for your fast reply.

 

I told the woman in the gym itself about the problem about three months into my contract, the money came out on the first of every month.

 

The last time they took the debt was the following month that would have been 1st April, they said that I still owe them two months worth in order to fulfill the contract.

 

ARC have just messaged me again saying I need to get into touch with them before 8pm tonight. What happens if I don't? They have already threatened court action. I don't know what more they could threaten me with, I have told them the debt is in dispute but they are still contacting me.

[slick132]

Hi Phil,

 

Ignore ARC completely for now. They are powerless and have no right to demand that you contact them. They threaten lots but they do NOTHING !!

 

Do you recall the name of the female staff member who you told about your health issue.

 

You said above :- I explained this to the person in the gym and she said it was fine, I had grounds to cancel since I was already three months into my contract I only had three to go

 

Can you tell us exactly what you told her and how she replied.

 

[Phil199-]

Hi again Slick,

 

I think her name began with J? She didn't introduce herself and she didn't really seem like she knew what she was doing. I told her I had signed up in January and that I could no longer continue with the membership, I said I had medical proof if she needed it and she said that she would put a note on the system. I called and they said there was a note on the system but only that I spoke to someone, there was nothing that said what it was about.

 

I thought it was convenient and she was lying, but two people have said that there is no proof that I went and spoke to her about cancelling.

[slick132]

Hi Phil,

 

There are so many cases where gyms and/or their admin companies fail to process cancellations properly, you probably don't need to worry about this too much. Evidence backs up your position.

 

It would have been better if you'd cancelled properly in writing as per this guide - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp Bear this in mind for future use in life - don't trust businesses to treat you fairly and always use written communications.

 

I suggest you send this to DW Fitness Head Office by post and get a free Certificate of Posting from the PO to keep as proof.

 

Dave Whelan Sports Limited

Whelco Place, Enfield Street Industrial Estate,

Pemberton, Wigan, Greater Manchester, WN5 8DB

 

If you can use actual dates, that would be better but you've not given them to us above :-

 

Dear sir or madam,

 

[Town/City] Gym

 

I was a member at the above gym from January 2016 but I was unable to attend after 3 months due to personal health issues involving chest pains. My GP referred me for heart checks etc and I was told not to exercise or use the gym.

 

I made this known to a female staff member on or around xxdate and she said she'd note this as necessary and I need do nothing more.

 

Since then I have been receiving demands and when I finally got someone to answer your phone (after a 45 minute wait) I was told there was a file note made but nothing about cancelling.

 

It is not my fault your gym staff failed to advise me properly and failed to process the cancellation at the time. Getting threatening letters about paying increasing large amounts is the very last thing I need.

 

I now require that you and/or ARC Europe cease harassing me with demands or I will make formal complaints as necessary.

 

Yours faithfully,

 

Let us know how they respond and don't worry any more about demands from DWF or ARC.

 

[Phil199-]

Hi Slick,

 

Thanks for replying once again,

 

I will type this up and send it off tomorrow. Do I need to include any medical reports with the letter or should I wait until they ask for these?

 

Thank you

[slick132]

Hi Phil,

 

No, just send the letter as I have drafted it.

 

Let's see how they reply and then we can decide on your next move.