Scotcall - What are my rights if I don't owe?

ashleigh_w76

Hi there

I yesterday received a letter in the post from Scotcall demanding payment for a gym membership, which I apparently owe, but which I cancelled lawfully. The letter was forwarded on to me from my previous address. I assume my gym was sending correspondence there too, but I haven't lived there for 9 months (hence why I cancelled the gym membership in the first place) . I note I never received a single phone call from the gym though regarding this 'debt', and they have my number on their system. Also, I was not within the 12 month contract so was within my rights to cancel my membership.

I cancelled this gym membership through my online membership account with the gym. I actually cancelled it twice! In the terms it stated cancelleation must be received by the 17th of the month to be processed in time. I sent the first request on the 16th, but the end of the month they still took payment. I assumed it had not been received in time so I accepted that and requested cancellation again. I then tried calling the gym twice to confirm but both times I was told the sales department couldn't help and someone from the admin would have to call me back to deal with it. No-one ever did. I know my request was received because at the same time I also added a note to update my mobile number so that they could contact me, which was updated on the system, so the request was obvioulsy received. Anyway, I'd cancelled my membership as far as I was concerned, I'd tried calling them, so I cancelled my direct debit and assumed that was the end of it.

I now have Scotcall threatening to turn up at my flat to recover this debt (although they only have my old address and I have no intention of giving them my new one). What are my rights if I don't feel I owe the debt. Someone told me debt collectors only buy the debt and not the records, and if I ask for proof that I owe the debt they won't be able to provide it so I won't have to pay. Although I don't know how I could ask the gym to prove they didn't receive it. They must be able to obtain a record of requests sent through the online membership system so I assume I could ask for a copy of all requests made by myself.

Surely I don't have to hand over money just because Scotcall says I have to, without proof...I must have rights to ask for documentation to prove I owe it? And I don't see why I should pay up £350 because the admininistration at the gyms end is clearly incompetent, when I honoured my part . I do however, regret I didn't take a print screen of the cancellation request. Lesson learned there! Can I specify the documentation I require as proof that they didn't receive a cancellation- i.e. a record of all activity through my membership account on their system?

Many thanks in advance for your help.

ashleigh_w76

Really? If i ignore them will they eventually leave me alone? They are now calling me and leaving me voice recorded messages, and texting me to tell me to call. Have they any way of obtaining my new address? And thanks for the reponse!

Tixy

They can probably find your new address through your credit files.

You could try ignoring it and they may well stop writing. But this won't deal with the likely negatives on your credit file as a result of this mess-up. If you want to deal with it, and get your file corrected and stop the aggro of the calls the standard advice is to start with the prove it letter - Letter when you know nothing about about the debt - AKA "Prove it" letter

If they reply to that then you would write setting out when you cancelled etc - stating that you do not owe the alleged debt as you cancelled in accordance with the terms of the agreement etc and that you require them to correct your credit file to remove any negatives (a default or missed payments) and to show the account as closed back in x month 2011.

RobertoMoir

It is up to the people who claim you owe money to them (or their agents, whatever) to prove that you do owe them money, not for you to prove that you do not. In the very unlikely event that a debt collector knocks on your door, you can ignore them or tell them to go away as you wish.

Debt collectors have no powers to compel you to do anything unless they take you to court and win.

Having said that, I would look into their claim that you have a debt if I were you. This could prove annoying if you decide you need a loan or a mortgage in a few years time and they've trashed your credit for a debt you don't even owe.

gh4662

Are you sure it was definately cancelled via their website, most Gyms that I have been a member of have always required cancellation in writing, did you get anything confirming that it was cancelled?

give_them_FA

They can't put it on your credit record unless and until they take it to Court and win. And anyway, Ashleigh won't need to worry about obtaining credit as he enjoys his lottery jackpot win, which, statistically, he is more likely to get than a court claim from Snotcall.

However if there is any question of this being put on the record by the gym, you need to take it up directly with them. Don't waste any time with the debt collector, their only objective is to get money from you, not to sort out any queries you may have.

Tixy, you go to the organ-grinder, not the monkey. Arguing with a DCA is futile. The only response you ever get is "you need to pay this".

Tixy

give_them_FA wrote: »

They can't put it on your credit record unless and until they take it to Court and win.

That is not correct. The original credit agreement may well already be on his credit file - and show missed payments and a default and an outstanding balance.
(admittedly not all gyms report to credit reference agencies but a lot do).

If its on there it could be in the name of the gym (or the credit company behind them), or they could have transferred reporting to the debt collector.

They don't need to go to court to mess up OPs file with a default.

give_them_FA

If it is a credit agreement. Usually gym contracts involve no credit, they are merely an agreement to pay the membership subscription for a set period of time.

If that be the case it shouldn't go anywhere near the credit file. All they may be claiming is breach of contract.

Perhaps Ashleigh needs to check his credit file to be sure, but that has nothing to do with the debt collector who is a third party here.

Tixy

Most of the large branded gyms report to the credit reference agencies as standard (just the same as mobile phone contracts).

One of the gyms even has a track record of going to court https://forums.moneysavingexpert.com/discussion/2959350 (though obviously only if they've retained ownership of the debt).

ashleigh_w76

give_them_FA wrote: »

If it is a credit agreement. Usually gym contracts involve no credit, they are merely an agreement to pay the membership subscription for a set period of time.

If that be the case it shouldn't go anywhere near the credit file. All they may be claiming is breach of contract.

Th set period was 12 months and then rolling month by month after that. I was well outside the 12 months...think I was with them for over 24 months, so it wouldn't be breach of contract for cancelling within the set period.

give_them_FA

I am not saying you are wrong Tixy- merely that it's plain that if no money is advanced then it isn't credit. In the case of mobile phone contracts, the credit consists of giving the person the value of the "free" mobile phone which is paid for by the contract terms.

If Ashleigh fulfilled the contract but they wrongly applied some charge then it needs to be removed at source. I just point out that it's a total waste of effort negotiating with a debt collector.