Debt collection help!

jonnydebt_2

I am just going through the same hell, and I'd like to wish you luck. Don't let them bully or threaten you. It is a well-known fact the unethical and illegal practices they use. They surely won't take you to court!

MissDVL

worried_jim wrote: »

did you get the parking ticket on private land- eg supermarket car park ? you may be able to ignore it.

Nope unfortunately not - I will admit here I was in the wrong! P&D on a meter...I was seven minutes over the expiry time...

worried_jim

MissDVL wrote: »

Nope unfortunately not - I will admit here I was in the wrong! P&D on a meter...I was seven minutes over the expiry time...

oh well, good luck with everything else;)

MissDVL

This is a letter I have drafted up based on a template from another legal site dealing with debt....let me know what you think!

WARNING:


THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.

PLEASE DO NOT IGNORE.

To Whom It May Concern,

RE: David Lloyd Leisure

Membership no. ********

Thank you for your letter dated 5/6/09, in which you have indicated that there is an imminent court action should I not respond to your letter.

In your letter you have given notice that ARC Europe are preparing to initiate legal proceedings over the non-payment of the alleged outstanding balance on the above account.

Given that this matter is now subject to potential legal proceedings, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.

Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:

1) A true copy of the executed contract and any terms and conditions that applied to the account at the time of default.

2) All records you hold on me relevant to this case, including but not limited to
· A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.
· Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
· Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with David Lloyd Leisure.
· True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.
· Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.
· Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
· Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
· A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
· A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
· Copies of statements for the entire duration of the agreement.

This information is required within the next fourteen days. Should you begin Court proceedings during, or at any time after this point, I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged breach of agreement and any possible counter-claim.

Please note that, as you have initiated this action, failure to respond to this letter will place this account in clear dispute and as such you may not:
· demand any payment on the account, nor am I obliged to offer any payment to you.
· add any further interest or charges to the account.
· pass/sell the account or outstanding balance to any third party.
· register any information in respect of the account with any of the credit reference agencies.
· issue a default notice related to the account.

Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit and will request that your legal abilities are investigated.

You are welcome to send all the above information to me at the address you have on file. I must add at this point that I will not accept any other form of correspondence from yourselves, ARC Europe, David Lloyd Leisure or any affiliated company, including but not limited to, telephone calls, emails or personal house calls to my address. All correspondence must be in writing.

I must also make you aware that if you do attempt to make any other correspondence with me while the account is in dispute, I will be in contact with the Office of Fair Trading regarding your harassment. I have already made a note of every single phone call and voicemail message received during the course of this dispute.

You can discontinue proceedings immediately if you inform me in writing that you are dropping the case against me. I will then cancel any dispute against you and will not be informing the authorities. In either case, I look forward to hearing from you.


Yours sincerely,

Metranil_Vavin

And the moral of this story.....never sign ANYTHING unless you have read it properly first!

Even if some numpty salesman is giving you the pressurised sell, just refuse to sign until you've read it. Most gym's work on a contract basis, and try to sign you up for at least a year.

Good luck.

worried_jim

nice letter !

Scouser87

How did you get on MissDVL with the letter? I am interested to know as I am in similar position.... I signed a 12 month contract for David Lloyds in March but I might have to leave the country in the next few months and go to Egypt as my grandmother isnt well over there... so I might have to live there for an indefinite period of time.

I explained the situation to david lloyds and asked about cancelling or even transfering my membership to some else so that they can pay for the rest of the contract, as if i will be in egypt and I will not be able to pay since i am over there. They told me the stuff about the 12 month contract etc.. and the debt collectors etc...

My question is, what will happen if i just leave the country and there is no money in my bank account here in the UK? Will they just forget about me? I would doubt the debit collectors would come to egypt!!! But i just wanted to know if anyone had any input about this.

Thanks

TWI_2

I have just received a forwarded letter from my old UK address from ARC(Europe)Ltd requesting GBP1013.75 for 5 months of familly membership to a health club i cannot possibly use because I moved abroad to work.
I am going to try the same fight tactics as those described above. Will keep you informed of progress.

MissDVL

Scouser87 wrote: »

How did you get on MissDVL with the letter? I am interested to know as I am in similar position.... I signed a 12 month contract for David Lloyds in March but I might have to leave the country in the next few months and go to Egypt as my grandmother isnt well over there... so I might have to live there for an indefinite period of time.

I explained the situation to david lloyds and asked about cancelling or even transfering my membership to some else so that they can pay for the rest of the contract, as if i will be in egypt and I will not be able to pay since i am over there. They told me the stuff about the 12 month contract etc.. and the debt collectors etc...

My question is, what will happen if i just leave the country and there is no money in my bank account here in the UK? Will they just forget about me? I would doubt the debit collectors would come to egypt!!! But i just wanted to know if anyone had any input about this.

Thanks

I doubt they will bother about you if you just ignore them! They can't expect you to pay for a membership you dont use, which is my argument! Just make sure you cancel your direct debit and get your bank to block any payments being taken.

I am still waiting to hear back from the solicitors re my letter. Will update when I get a response

MissDVL

Hey guys, I had another letter from The Muppets...sorry, Trevor Munn, yesterday. Apparently 'A County Court Claim is now being prepared for issue in Northampton County Court. The following costs will be added:
Debt Balance: £558.75
Court Fee: £55.00
Solicitors: £70.00
Interest Due: £44.70

TOTAL £728.45

YOU CAN STOP THIS CLAIM BEING ISSUED BY PAYING IN FULL NOW

It is not too late, but you must act NOW, send a payment TODAY or call ARC directly on their LegalHelp Line..blah blah blah'

Three words...KISS. MY. PROVERBIAL.