1Life / DFC

[Buddy2015]

Hi All

 

I have been reading several threads regarding cancelling of gym memberships but can't seem to find a similar scenario to mine.

 

Essentially, my partner and I decided to cancel our gym memberships with 1Life as we don't use the gym anymore.

 

I mistakenly thought that we were on a rolling monthly contract so cancelled the direct debit and didn't think any more of it.

 

I then received an email from a company 'Debit Finance Collections PLC' stating that my direct debit payment was overdue but they have also included a £15 late payment charge as per the terms and conditions of my agreement.

 

I was pretty bemused by this and subsequently went back through my emails to see if i could find my contract with the gym

 

. All i could find was the original agreement I made with the sales team (no terms and conditions or contract appended), 

 

I called the gym and they forwarded me an email titled 'confirmation of direct debit agreement' which was sent via email to me after I had agreed to sign up and given them my bank details. Low and behold at the very bottom of the DD agreement form are a load of T&C's from DFC and an attached copy of 1Life T&C's.

 

This doesn't sit right with me,

I would have thought they would have had to provide the T&C's prior to the agreement being made and taking my bank details

 

. I think I have an argument that the memberships have been mis-sold as we weren't aware of a minimum period or any of the other onerous T&C's when we signed up, but presumably it would be our responsibility to read and check and cancel within the 14 days at the start of the contract if we didn't agree with them.

 

Regardless, I have read a few threads on here and it looks like i will have to reinstate and keep paying my DD until the 12 month contract ends  in April 2020, sending the gym notice of cancellation 1 month prior to the end of the minimum term? I would rather not but looks like I am snookered here?

 

My main gripe is with the late payment charge being imposed by DFC... looking at other threads here it looks like I shouldn't have to pay them but it is stipulated within the T&C's.

 

Many thanks

[dx100uk]

Not sure where you have read here you must pay the full  12 mts?

 

When did you cancel the dd

 

As for the stupid dca and fees

No one has any legal remit to add any penalty fees to any consumer debt

Let alone a powerless DCA

they are not BAILIFFS

and have

ZERO legal powers on ANY debt

 

Ignore them

and block and bounce any emails from now on

writing only

[Buddy2015]

 A few weeks back, payment was due 4th of the month.

I didn’t actually inform them I was cancelling as I wasn’t aware of a contractual requirement to do so until they sent me the DD confirmation with the T&C’s. 
 

From what I had been reading on here I got the impression that unless we had a valid reason i.e. redundancy, injury or relocation, we would have to see out the remainder of the contract.

 

It’s not big money but I feel like they have misled us so I am reluctant to keep lining their pockets if we can avoid it! 

 

Are you saying ignore both parties or just the DCA unless we receive something in writing?

 

Thanks

[dx100uk]

any dca can safely be totally ignored on gym debts.

 

if your payment was due nov 4th

simply follow one of slick132 letter examples here

 

send it by ROYAL MAIL [the gym]

offer them one final payment as you cancelled the DD without notifying you wished to end the membership.

but will not pay any unlawful admin fees

 

give them 14 days to accept your offer

 

should they refuse or not reply

you are quite safe to ignore everyone on a gym debt.

 

they don't appear on credit files

and gyms don't do court.

 

dx

 

[slick132]

Hi Buddy

 

Write to DFC but don't bother trying to argue anything about mis-selling. That'd be a total waste of time.

 

Tell DFC you consider their attempt to charge unlawful penalty unacceptable and unfair to you as a customer. Hence the contract is terminated and you will ignore any further demands.

 

No need to say any more about the matter for now but keep us posted.

[Buddy2015]

Thank you both. 

 

Letters sent today via recorded delivery to both 1Life and DFC

 

Letter to 1Life to offer 1 months fee for the notice period as @dx100uk and letter to DFC as per @slick123 posts above.

 

I will update if an when we hear back.

[Buddy2015]

Email response from DFC received this morning:

 

“Thank you for your recent letter, the contents of which have been noted on your fi;le. 

 

We can confirm that unfortunately, you are signed to a 12 month Membership with your final payment due 01/03/20. As you have cancelled your direct debit, we were unable to collect 01/11/19 and have now incurred late payment charges as per the terms and conditions of your contract. Please advise on your reason for cancellation to enable us to assist you further. 

 

Unfortunately, due to Data Protection, we are unable to discuss the account in your partners name. Please advise her to contact us directly. 

 

Kind Regards, 

DFC Administration Team“

 

Presumably I should ignore?

 

Thanks

[dx100uk]

Correct

[Buddy2015]

Email response from the Gym (1Life) received today:

 

"Dear ******

 

Firstly let me introduce myself as the Contract Manager responsible for the ****** Leisure Centres, including the ****** Leisure Centre.

 

I am in receipt of your letter dated 7^th November 2019 but it is not clear on your reasoning for cancelling your membership. 

 

I can see that you signed into a 12 months agreement in March which terminates on the 31^st March 2020. 

 

The terms and conditions of your membership state that you can terminate your membership early for the following reasons: -

1. If we fail to maintain the standard of service you would reasonably expect.

2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.

3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *

4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *

5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *

6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *

* PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt

 

Therefore can you please advise the reason you wish to cancel your membership for consideration.

 

Look forward to hearing from you soon."

[dx100uk]

bottom of post 2 applies

 

dx

 

[slick132]

Hi Buddy,

 

Out of interest, can you post up the letter you sent  which you referred to in post #6.  Just the main text, no addresses, etc.

 

Dx is right - continue to ignore for now.

[Buddy2015]

Hi @slick132 apologies for the delay responding.

 

Letter to the gym (1Life):

 

"Dear 1Life

 

RE: Cancellation of memberships ********* & **********

 

I refer to the aforementioned memberships at 1Life ******* Leisure Centre.

We have cancelled our Direct Debit mandates and now realise that we did not provide 30 days’ notice needed.

I therefore offer to pay the outstanding £49.98 for the notice period, consisting of £24.99 for ********** and £24.99 for *********.
 

I will pay no administration or cancellation fees and no further membership amounts. I consider the third parties attempt to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contract is terminated and we will ignore any further demands.

If you confirm in writing that you will accept the amount of £49.98 in full settlement of all that I owe, I will pay you promptly.

If you fail to accept my offer within 14 days or you demand any higher amount, I will pay you nothing and my offer will be withdrawn.

 

Yours Sincerely,"

 

Letter to DCA (DFC):

 

"Dear Debit Finance Collections Plc

 

RE: Notification of Unpaid Direct Debit Payment - Ref No ******** & *********
 

Further to receipt of emails from yourselves regarding missed payment and late payment charges, I confirm that I will pay no administration or cancellation fees and no further membership amounts. I consider these attempts to charge unlawful penalty unacceptable and unfair to me as a customer. Hence the contracts are terminated and we will ignore any further demands.

 

 

Yours Sincerely,"

 

Interestingly (and more than likely irrelevant) the email response from DFC stated that they wouldn't deal with me regarding my partners membership due to data protection, but then they also named her in the email! Surely a breach of data protection in itself!

 

Thanks Buddy2015

 

[slick132]

Thanks for that.

 

You've told them all you need for both of you so can ignore them for now.

[Buddy2015]

Evening All

 

I have taken your advice thus far - we have had phone calls, text messages etc. but nothing to warrant worrying about. Today we both received letters as follows:

 

Quote

Following our initial letter, we are disappointed that your account with Great Dunmow Leisure Centre is still in arrears and our fee has not been paid. We would still like to reach an amicable resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are:

 

1. LEGAL ACTION We believe you are in breach of a legally binding contract with Great Dunmow Leisure Centre because you have not paid your membership and our fees. We may pursue a claim under this contract through the Courts. If we do so the following process would apply:

1.We will write a formal letter explaining what we are demanding and give you a final opportunity to pay/reply;

2.If this failed to settle the matter we would issue proceedings against you in the County Court;

3.You could then either: a.make payment, ending the legal process, or b.dispute some, or all, of the amount was owed.

4.If you dispute the amount was owed the Court process would continue, at the end of which the Court would make a decision on our claim.

5.A strict Court imposed timescale will apply in relation to the Court process. Were we to be successful in our claim, or if you ignore the claim, a County Court Judgment (CCJ) may be registered against you requiring you to make payment.  You may also be liable for our costs of pursuing legal action and interest on the amount owed. If you then fail to pay the amount covered by the CCJ we would take the next steps required to enforce the judgment.  To do this we would have to make an application to Court.

 

2. OUTSOURCE TO EXTERNAL AGENTS Your account would be passed to another Collection Agency who will take further action to recover the monies owed.

 

YOU CAN AVOID THIS HAPPENING IF WITHIN THE NEXT 10 DAYS YOU CONTACT US ON ############ TO ARRANGE PAYMENT WITH US.

 

Yours sincerely

 

For Credit Resolution Services

 

 

 

Now, although it is easy to panic as soon as 'CCJ' is mentioned, i'm not sure this really amounts to much more than scare tactics, but i want to make sure we are covered. Is it safe to continue to ignore or should we respond?

 

Thanks

 

Buds

[dx100uk]

doesn't say will anything.

 

why did you type that all out and not scan it up?

 

 

[slick132]

Hi Bud,

 

Thanks for the update but continue to ignore and keep us posted.

 

[Buddy2015]

8 hours ago, dx100uk said:

doesn't say will anything.

 

why did you type that all out and not scan it up?

 

 

The letter was emailed in PDF, easier to copy and paste the text without my personal details as I don’t have PDF editor at home. 

 

Thanks both, we will continue to ignore. 

[dx100uk]

what did we say about email!

 

dx