Fitness First have sent in muscle men

sue_marie

My son joined Fitness First in October 2008 but left for New Zealand on March 19th 2009, with seven months left on his contract. Fitness First said he couldn't cancel his membership but could transfer it to someone else. So on March 18th we saw the FF manager and filled in the necessary forms, which the manager checked. Unfortunately though, he didn't check them well enough because something was wrong with one of the forms, and my son's membership wasn't transferred. Over the next two months, I went in three times to try to sort this out, rang their head office (my calls were ignored), wrote them letters and sent emails but, apart from one letter saying they couldn't discuss it with me because of data protection, all my other comms were ignored. My son's membership fee was taken from his account until he cancelled the DD in June. He has given me permission to open all his mail and today I opened a letter from CARS saying that unless he paid FF's outstanding membership fees of £132.80 they would take 'more formal debt recovery actions'. What can I do? We thought we had done the right thing when transferring his membership (but of course after all this I wouldn't touch FF with a barge pole). It is very hard to contact my son (who is living halfway up Mt Tongariro!). When (if) he eventually returns to the UK by 2011 he certainly won't want to begin his new life here with a credit default against him. Any advice about how to deal with Fitness First and their muscle men would be much appreciated. Very many thanks.

DCFC79

Can they take anything if your son isnt there though,

sue_marie

I don't know. Fitness First knew that my son was going to NZ for at least a year but have still handed the debt to CARS.

hollydays

If they think his current location may be a tall story,did you try to show them any proof that backed up where he was?

sue_marie

They've never questioned his whereabouts but it's easy enough to prove if they just ask - trouble is, they wouldn't talk to me and now it's been passed to CARS. My son and I went to the gym to transfer his membership the day before he left the UK. We filled in the forms and acted in good faith. We did not intend for there to be any gap in membership. This is their fault not ours.

sue_marie

Sorry, I should have made it clear that we were trying to transfer his membership to me.

hollydays

But surely the crux of the matter would be them saying "only he can put this right" and you saying "He is not contactable, and here is the proof". Should you not have sent this letter to someone recorded delivery.I know it is not really your problem though.I think you should get advice from the Citizens advice bureau.What proof do you have of where he is? Take it with you.

Do you know what the paperwork error was? I think that is quite important.Unless you do,it may be that they are saying it was his error in filling in the paperwork that caused the problem,and then they must think he is avoiding payment.You can see how it might look,on paper.

Have you managed to explain the situation to CARS in any depth,or anyone else other than the gym.I would to ask for someone in authority, refuse to explain why,then explain that you do NOT wish to receive any private data protected information about your son and state your case .

Surely the gym Manager can halt this.Why has he not?Have you asked him why not?

Enfieldian

They have not sent anyone "in" though, have they?

Unlikely they will either.

sue_marie

Sorry Enfieldian, I don't understand what you mean by 'in'. Do you mean bailiffs might come to my house?!!! I don't want my son to be pursued for a debt that shouldn't exist. He genuinely thought he'd sorted it by transferring his membership - and hence all future fees - to me. If he wants a loan or mortgage when he returns to the UK, he may not be able to get one thanks to Fitness First's mess.

Enfieldian

Hi Sue_marie.

I was repeating your terminology from the thread title. I do not know what you mean by "in" either.

Bailiffs will require a court order. The gym may have a few letters on file that threaten debt collector visits or doorstep calls but these are just bluster. Is this the CARS that you are referring to? Who or what are they? Most of these letters are worded to include terms like "may, could, will consider....."

Therefore there is very little chance of the muscle men or anybody else coming in. Now or ever.

Good luck.

jd87

I don't think there will be a default on his credit file because this isn't credit.