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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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Theangel1971

Anytime Fitness

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Hi,

I signed up for a membership for Anytime Fitness & never went.

After two months I wrote a letter cancelling my membership & so paid for 3 months membership to give them a months notice.

 

After a month they began sending me messages & emails saying my account is in arrears.

 

I telephoned the gym & explained I had cancelled my membership.

I was told in a very unmannerly way that I was not allowed to leave the club for a year.

 

I refused to pay any further payments, I don’t like their gym & I don’t want to be forced to use it or pay for something I have no intention of going to.

 

I have now been told it’s been passed onto a credit control agency.

Can anyone help please??

Thanks   

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Ignore them


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi Angel and welcome to CAG

 

1. So do you think you may have signed a 12 month agreement without realising.

 

2. Have you checked any paperwork you have, or did you discuss the issue of minimum m/ship period when you called the gym.

 

3. Has any DCA tried to contact you yet - if so, who are they.

 

In any event, do not call the gym again for any reason. And if any Admin Company or DCA calls you, simply hang up.


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I received a letter from ccs collect for £353.50 😮 

 

I don’t remember signing a 12 month agreement. But I literately went for the first induction to show me how to use the machines & was supposed to go back to begin a program & never went back. Hence cancelling a membership I didn’t use.

 

I’ve looked through my emails & I can’t find any information regarding an agreement. Thanks 

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Can you tell us the gym location.

 

Have a look at their sign-up page and see if this helps you remember what you may have signed up to.

 

The gym I looked at has not rolling monthly agreement showing so I assume you joined for 6 or 12 months. The monthly fee differs depending on your choice.

 

In any event, just ignore the demands for now and don't reply in any manner.


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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hereford Anytime fitness. Nothing on the site explains a contract it's just selling itself. I absolutely have not attended after the initial sign up, except for the first introduction. Is it right that an establishment can bully someone in this manner, especially as they claim to be encouraging & nurturing in the selling point of people’s wellbeing? 

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yes because 1000's of people believe a DCA is a bailiff and they are not

and that penalty charges are lawful, they are not, so blindly cough up...

 

worth a few letters / free emails to try it on

pays for the staff drinks down the pub that night with free money.

 

dx

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yep


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Just to give balanced opinion on this, you signed a gym agreement and agreed to pay m/ship fees for whatever period - monthly, 6 months or 12 months. You attended the induction but chose not to attend thereafter.

 

You choice to NOT use the gym after that is irrelevant. You should have cancelled in the manner set out in the m/ship T&C's that you signed when joining.

 

If you received nothing after joining, you could have chased this up so you had the necessary paperwork.

 

See here for a Guide to cancelling properly as it may help you avoid trouble in the future - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/

 

 

Having said this, the gym and their admin people normally do nothing if you ignore them, hence DX's advice to ignore. 

 

😎


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                                            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 !:-)

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Thanks for your advice, will do nothing. Just to be on the safe side, will it effect my credit score? thanksx

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you've been on CAG almost 2yrs now

part of CAG is self help

which means read like topics

 

they don't do court

gym debts don't show on credit files


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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