DW Fitness - credit collection agency

jonnye_2

where do I stand ????

after being a member of DW gyms for over 12 moths I cancelled my membership due to unacceptable conditions in the gym (dirty, faulty equipment and air con never working).

I was told i needed to give a months notice which I objected to, after many phone calls the Area Manager rang me a listened to my issues and agreed I had been let down a offered to let us out of the contract without notice period.

1 month later we get a letter saying we owe them the notice period still, the area manager has now left DW and left no notes to what was agreed.

I spoke to the acting area manager who refused to honor his agreement so the complaint was escalated to Head Office who promised the regional manager would call me back within 7 days, 2 weeks later and still no call back.

Today I have had a letter from ARC collection agency requesting the notice period plus their fees within 10 days otherwise it will be past for court proceedings. I have rang them and they wont listen to my side, just keep saying I have signed a contract and the money is due end of story and unless I have anything in writing they will continue with court action.

Where do I stand?

MothballsWallet

Firstly, don't talk to ARC (I'll call them the DCA - debt collection agency) on the phone, put everything in writing.

You have a right in law to request proof of debt from the DCA - have a look over on the Loans or Debt-Free Wannabe (DFW) board for more help.

I wouldn't be surprised if the Area Manager didn't pass on a record of their conversation with you and the agreement that resulted from it to the appropriate departments of DW Fitness.

jonnye_2

what rights would I have, as I dont have anything in writing from DW regarding the agreement not to have to pay for the final months notice and still waiting for them to come back to me following my complaint.

I would had thought they have to come back to be with their findings before passing the file to a credit collection agency?

visidigi

but didn't the person who you had the verbal agreement with leave?

If he doesn't pass it on and its not in writing then you really will struggle with this - as they have you signed to the contract, you broke the contract by not paying it.

I suspect this is not going to be a simple case of asking people to proove the debt - the debt exists the OP acknowledges it exists...

mo786uk

By the soudns of it - they have you on paper.

If you can be bothered let them take you to court and put forward yuor side of the story/

i woudl send a written letter in explaining things and stating you wont be payign unless it goes to court.