Robinson Way - Help I don't agree I owe them

Rainbow_Liberty

Can anyone please give me any advice regarding Robinson Way.

Long story but here goes.

I was a member of a gym, Classic World of Fitness in Widnes, I was attending in 2001 but had left and cancelled the direct debit with the bank, no problem. A number of months later I went back and asked to just reinstate my direct debit for the remainder of the time I had originally taken my membership over. I didn't know until I had to cancel the second time that I had infact signed a completely new membership agreement for the full year again. Despite me having explained to them I could only return for a few months due to waiting to go into hospital for stomach surgery which would prevent me from returning to the Gym for the remainder of my contract.

Looking back through the paperwork that I have, the first letter saying I had cancelled the direct debit came from Open & Direct retail services dated 7th Jan 2002.

I replied explained the situation about the original direct debit and my circumstances both health wise and financially and they were happy to cancel my membership so long as I had confirmation from Classic World of Fitness that my membership had ceased.

I wrote to CWoF on 1st February 2002 again explained about the original direct debit, my health & financial situation but their Director C D Tyson was adamant that I would not be released from my obligation and stated that they were a business as well.

After that I did write a few more letters, but they totally fell on deaf ears and eventually when I sorted out my other debts and offered £1 to each one I wrote to Robinson Way who by now had taken the debt over and offered 11p monthly. Which they accepted and have received by standing order since then - after conversing with Niddy though I have cancelled all standing orders including the 11p to Robinson Way.

I don't know what a DN is and I've never had a notice of termination, just the letters back and forth between me and CD Tyson. Classic World of Fitness, East Bond Street, Leigh, Lancashire WN7 1BP (the head office)

I've recently received copies of all of my credit files and this is not showing up on any of them so I assume it was defaulted quite sometime ago

DVardysShadow

And your question is?

Rainbow_Liberty

DVardysShadow wrote: »

And your question is?

Sorry I've appeared vague.

When I realised that I had actually signed for another 12 months I asked that this be cancelled and was told that they were prepared to cancel the membership fee's if Classic World of Fitness would confirm that I was not going to be using the facilities. Which obviously I wouldn't be doing. But Classic have been totally awful about the whole business and have insisted that the fee's still stand.

Surely there must be some legal standing that if a person is not able for whatever reason that the fee's can be released from paying.

I had been totally up front from day one with the gym about my health and how long I would be able to attend for so the fact I was duped into a 12 month agreement believing it to be just reinstating my previous direct debit was totally unfair

BeenieCat

Rainbow_Liberty wrote: »

I've recently received copies of all of my credit files and this is not showing up on any of them so I assume it was defaulted quite sometime ago

So forget about it.

Are they hassling you? I wouldn't even waste your energy on it. If it's not on your files does that mean the 6 years has passed then?

WEEGIE

Are you in Scotland or England.

Rainbow_Liberty

BeenieCat wrote: »

So forget about it.

Are they hassling you? I wouldn't even waste your energy on it. If it's not on your files does that mean the 6 years has passed then?

I've been paying the token payment of 11p a month for aprox 8 years along with token payments to the other debts I have of £1 a month.

Robinson Way though are the company that contact me the most and it really confuses me how companies that I owe over £16k to don't contact me at all any more yet Robinson Way who I don't agree that I should actually be paying in the first place contact me every couple of months. Wanting financial statements and everything. If I had money to pay to anyone I'd be paying those who I acknowledge I owe, first.

Rainbow_Liberty

WEEGIE wrote: »

Are you in Scotland or England.

England - does it matter?

WEEGIE

Rainbow_Liberty wrote: »

England - does it matter?

When it comes to statute barred debts it does matter. After 5 years (Scotland) 6 years (England) if there has been no contact or payments made to (in this case) Robinson Way your debt is statute barred, however if you have acknowledged the debt and have been paying it that is a different matter. Robinson Way have only paid coppers for the 'alleged' debt.

BeenieCat

But you've been paying them something, so you've then acknowledged the debt.

How big is the debt? Personally i'd ignore it, but that's just me and i have no morals :whistle:
You've got defaults anyway, so may aswell ride out the next 6 years until it becomes Statute Barred. But if you pay them you're resetting the 6 years every time.

Rainbow_Liberty

BeenieCat wrote: »

But you've been paying them something, so you've then acknowledged the debt.

How big is the debt? £194.66

Personally i'd ignore it, but that's just me and i have no morals :whistle:
Like your style

You've got defaults anyway, so may aswell ride out the next 6 years until it becomes Statute Barred. But if you pay them you're resetting the 6 years every time.

That's the weird thing though, only one of the other 5 debts I have is showing on any of my credit reports and that defaulted in May 2005 so I guess the others have already fallen off my credit file. Niddy is helping me with them as they were credit cards / loans but this one with the gym is a different ball game as I obviously didn't have a CCA with them as it's not the same thing.

BeenieCat

If they've fallen off your file already i wouldn't even contact them!

I'd forget about the gym thing, there's no way they'll carry on wasting money on chasing a small debt.