Bannatynes and arc/majorlaw hassle.

[Elite PT]

Good morning. 

 

I have read a lot of your threads about gym contracts and arc/majorlaw. I have found them very useful and learned a lot, now I am just looking for some advice. 

 

I cancelled my one months rolling contract with Bannatynes as per their contract by giving 30 days written notice (unfortunately i had not read this forum sooner and wrote this letter by hand then handed it to their reception staff) back in January of this year. 

 

I have been in dispute with Bannatynes about the cancellation as they are claiming that they had never received my cancellation letter and are therefore trying to claim another month's payment from me. However, although i didn't get a receipt at the time of cancellation, am i right in saying that notice can be given in many forms as set out in the High Court ruling on the OFT v AMSL back in 2011 

 

Since then I have obviously been 'harrassed' by arc europe and followed your advice after reading your posts to not engage with them on the phone. 

 

They then went ahead with their next tactic of issuing me a letter from major law threatening me with 'seeking the clients instructions with court action' as they do. 

 

The funny thing is that I received this letter from arc europe before my dispute with Bannatynes had been responded to and the dispute is ongoing. Which, i believe, after reading the thread on how they lost in court, the one one time they tried to take a CAG member to court (which i can't find now). I believe is a breach of the high court ruling set out back in 2011. Am i right in thinking this?  

 

I received this email from bannatynes in the afternoon of the June 27th this year and a letter from major law in the morning of the 27th June this year. So i am assuming that the letter was sent 1 -2 days prior to the email. 

 

Bannatynes have instructed me to pay 'just' the one month fee of £59 (which i am reluctant to do as i cancelled my contract giving the appropriate notice). Where as  arc/major law are obviously demanding more!

 

I would just like some advice on whether it is safe to ignore them (arc/major law) or if it is better to send them a letter to cover my back, and prevent any other tactics that they may try in the future. I was thinking a modified version of this letter https://www.consumeractiongroup.co.uk/topic/409341-arc-amp-major-law-letters-on-behalf-of-bannatynes/?tab=comments#comment-4899108 

 

Any advice will be greatly appreciated.

[BankFodder]

I suggest that you write them one letter only. Refer to the letter of cancellation which was delivered to them by hand in January and which they received and appears subsequently to have lost – and the contents of which were explained to them at the time you handed the letter over.

Tell them that you have no intention of paying anything further or of communicating further and that if they want to start a legal action then they should go ahead. It will be vigourously defended.

[BankFodder]

Now here is a piece of advice for you: stop being so trusting. Everything in writing and keep copies. It's not a game.

Read our customer services guide and implement the advice there.

[slick132]

Hi EPT and welcome to CAG

 

We've noticed over many years that gyms and/or their admin companies have a tendency to "lose" such cancellation letters.

 

Follow BF's advice above. Send the letter to the gym's Head Office and send a copy to ARC Europe. Ignore Major Law for now.

 

[Elite PT]

Thank you both for your swift responses. 

 

I'll draft a letter today. Will it be okay to post it on here for your approval before sending? 

 

BF - thank you for your advice, it is duly noted and we can rest assured that this will not happen again. I'll follow the advice on here and keep copies of everything. Lesson learned.

 

 

[slick132]

Hi EPT,

 

Of course, post your draft here so we can comment or suggest amendments ........

 

[Elite PT]

Hi, here is my draft:

 

I am writing to you with regard to my letter of cancellation which was delivered by hand back in January. It was received by your staff and appears to be subsequently lost. The contents of which explained my reasons for cancellation.

 

I would like to inform you that due to me cancelling with 30 days’ written notice that I have no intention to pay anything or of communicating further and to let you know that if you want to start legal action then you may go ahead but it will be vigorously defended.

[slick132]

Hi PT,

 

Can you please confirm for us :-

 

1. Date you gave notice to cancel at the gym.

 

2. Date the last DD was paid by your bank.

 

Don't send the letter yet.

 

[Elite PT]

Hi slick, 

 

I think notice was given around 26th January 2019. My last day at the gym was definitely in January. 

 

Final DD was paid on February 1st 2019

 

 

[slick132]

Hi PT,

 

This would by my suggestion :-

 

Bannatyne Group

Power House

Haughton Road

Darlington

DL1 1ST

 

Dear sir or madam,

 

FORMAL COMPLAINT

Membership at [town/city] gym

 

I refer to the cancellation letter which I handed in to staff at your gym on or around 26th January 2019. I allowed the final DD to be taken in 1st February and then cancelled the DD mandate.

 

Since then I have been harassed for payments by ARC Europe and, more recently, Major Law Solicitors because the gym staff claim not to have received my letter. Research suggests that gym cancellation letter are commonly "lost".

 

Please now contact ARC Europe and instruct them to cease all contact with me immediately or I will take action to stop the harassment.

 

Alternatively, if Major Law want to start court action, please tell them to proceed - it will be vigorously defended.

 

Yours faithfully,

 

Send the letters as per advice in post #4 above but get a free Certificate of Posting at the PO for the one to Bannatyne's HO.

 

[Elite PT]

Thank you Slick

 

I will get these letters sent out today and keep you updated. 

 

I appreciate the help