Jump to content


  • Tweets

  • Posts

    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Arc Europe chasing virgin active debt - Threatening Court Action


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1501 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all, Wondered if anyone could help,

 

Around half a year - year ago I signed up to virgin active on a 1 year contract. Long story short, Life caught up with me and I couldn't get there at all, I think I made the monumental mistake of cancelling the DD directly with my bank and not telling the gym.

I understand this may have been the wrong way to handle the situation but I had a lot going on at the time (personal issues with my health).

 

Arc Europe are now contacting me and are threatening court action etc and I am unsure the right course of action to take now... I am not financially fit to be paying back the money they're asking for (£280).

 

Any help/ advice at all would be appreciated.

 

Kind Regards

 

Lo

Link to post
Share on other sites

Well you certainly should have let the gym know – just as a matter of courtesy. However, it wouldn't have made a lot of difference as far as the money is concerned because they would still have refused to accept your cancellation and they would still be hassling you for the money.

 

I suggest that you write to them immediately and simply to say that as they probably realise now that you cancel your membership from XXX date. You might want to give them a months money in lieu of notice. Other than that, hang on and see what happens

Link to post
Share on other sites

Arc are a powerless DCA

They can't take you to court ignore them

They are a DCA and a DCA Ade not BAILIFFS

 

If anything you might owe ONE month DD as their contract might say 30 days notice

 

Use the slick132 letter to virgin and offer that by letter only!!

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... 

Link to post
Share on other sites

Oh right Ok, thanks for the prompt replies, Greatly appreciated

 

where can I find this slick 132 letter?

 

So do not communicate via email at all, Saw a previous post where a ladies virgin active case similar to mine was resolved quite easily via email.

 

Regards

Link to post
Share on other sites

Hi Lolo,

 

Write to them by letter only if you can, not email. And always stay off the phone !

 

Your case is different to most we have here because you were wrong to cancel with no notice and no good reason. However, as soon as the gym or ARC started to demand admin fees on top, that changed the scenario.

 

If you want, I'll draft you a suitable letter later when I have more time.

 

:-)

 

:-)

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 !:-)

Link to post
Share on other sites

That would be greatly appreciated as I am completely inexperienced in this department and I know I have messed up...

 

Thank you all once again for the info and advice, It is really appreciated.

 

Kind Regards

Link to post
Share on other sites

Fyi they are not demanded any admin fee's the letter states merely what I owed for the months that have passed apparently.

 

I was wrong as well the amount is £318 and they mention total liability till end of contract at around £1230.

 

Regards

Link to post
Share on other sites

Hi Lolol,

 

I need acurate info to draft the right letter for you so please give answers to the following Q's. If you're not exactly sure from papers or bank statements, give your best guess :-

 

1. Date you joined the gym.

 

2. Date the DD was normally taken each month.

 

3. Monthly gym fee.

 

4. Date you cancelled the DD mandate.

 

5. Date a DD was last paid to the gym.

 

6. Was there any significant change in your income that caused you to cancel the DD.

 

Please also tell us the main points in the letter to you from 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 !:-)

Link to post
Share on other sites

Hey there,

 

Really do apologise for the late reply as I have been tied down with work etc and was collecting the info to the best of my knowledge.

 

1)26th November

2)1st December

3)£134 a month

4)28th December or roundabout through the mobile banking app

5)1st December

6)No change in income, Only health issues preventing me from going to the gym.

 

Thanks again for your time and help, Much appreciated

 

Regards

 

Lolo

Link to post
Share on other sites

Hi Lolo,

 

Please confirm, do those dates in Nov and Dec relate to 2015 or 2016 ?

 

:-)

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 !:-)

Link to post
Share on other sites

Hi Lolo,

 

In your first post, you said 6 months to a year ago, so I was hoping it was Nov and Dec 2015 - that would have been far easier to deal with. However that's NOT the case. :sad:

 

However, moving on, you say the fees are £134 per month and they're demanding £318 ??

 

I reckon that may be 2 x 134 = 268

Plus an admin (or penalty) fee of 50

Giving total being demanded of £318

 

If they're demanding an admin fee because of your transgression, we'd argue they're in breach of their duty to act fairly, giving you a good reason to terminate your agreement with them immediately.

 

Please check on any paperwork they've sent you to se if they've added £50 in admin fees.

 

:-)

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 !:-)

Link to post
Share on other sites

Heya,

 

Apologies about that.

 

After reading over the letter it mentions that the amount due only represents what is currently owed (£318) and they mention how on the 1st of every month this amount will increase by whatever my monthly subscription with the gym was (£134) until the end of the contract.

At the top of the letter it states "Total Liability till End of Contract: £1256.

 

They also say that if the balance is not paid this case may be passed to solicitors and proceed to court hearings etc.

 

Thanks again

 

Lolo

 

Regards

Link to post
Share on other sites

I suggest you email or write to the gym asking how the £318 they are seeking is made up.

 

Don't worry about the "may be passed to sol'rs and proceed to court hearings" !! This is threatened all the time but doesn't happen in 99.9% of cases we deal with here.

 

:-)

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 !:-)

Link to post
Share on other sites

So I need to write/email my gym now asking how they came to the balance of £318 that I owe?

 

Maybe you have an email I could send this letter to so you can see what you think of it?

 

Here is a link of the letter itself.

 

http://imgur.com/a/nCCjg

 

Let me know what you think, Still contact my gym?

 

Kind Regards

Link to post
Share on other sites

OK, send the letter to ARC :-

 

I refer to your letter of 23/2/17.

 

To enable me to consider my position, please let me know how the balance of £318 is made up.

 

That'll do !

 

:-)

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 !:-)

Link to post
Share on other sites

that'll give arc a false moment of grandeur....

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... 

Link to post
Share on other sites

Ok, I'll email them today and get back to you with what they say.

 

I'm pretty sure you're right they have added January + February charges for the membership then sent the letter and added another £50 for fee's.

 

Kind Regards

Link to post
Share on other sites

Hi all,

 

So they replied and I'll link the email they sent back to me. They somehow ignored my question entirely regarding how the amount they was asking for before (£318) was made up, But now the email states the balance I owe is only £114 haha.

 

Let me know what you think, Any way at this point I can get out of the whole amount as even a hit of £114 is substantial to myself...

 

Email - http://imgur.com/a/aFHF2

 

Kind Regards

Link to post
Share on other sites

Hi Lolo,

 

Please confirm the monthly amount taken by the gym by DD for the m/ship.

 

I have no idea why they're now seeking £114. :???:

 

:-)

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 !:-)

Link to post
Share on other sites

Then write back to them again asking how the £318 was made up, and why they're now demanding the lower amount.

 

:-)

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 !:-)

Link to post
Share on other sites

Hi all,

 

Here's there second reply. Once again they ignored the question regarding the first £318 amount they was requesting but did clarify how the £114 is made up to some point at least. I will link the letter below.

 

http://imgur.com/a/46PJ0

 

What should my next steps be as they clearly admit to adding extra money on for administrative fee's.

 

Kind Regards

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...