:( Break-up with boyfriend/Fitness First and CARS

jodi0808

Hi guys,

I'm new on here so please be gentle

This might be pretty lengthy so I apologise in advance!

My boyfriend bought me gym membership last year but a few months later we broke up. He told me he's liaised via email with FF and they'd agreed to waive the rest of my contract and he told me I wouldn't have to pay anything else to him or to FF (I believe he was being truthful about this, too). I have all emails from him to confirm this (unfortunately I didn't ask him to forward the emails between him and FF)

All good, or so I though. A month or so ago I started getting texts and calls from CARS telling me I owed FF £130 odd for my contract. I emailed them (And my FF) saying the following (I found this template on this forum!) and forwarded a copy of the emails between myself and my ex boyfriend which stated that FF had agreed to waive the fee:

I have recently been contacted by CARS debt recovery services about £122.90 that I apparently owe Fitness First. I would point out that I have no knowledge of any such debt being owed and I forward you correspondence between myself and my ex-partner that confirms that Fitness First agreed to waive the outstanding balance on our contracts.

I am familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. With reference to your letter, that you may instruct an agent to call at my address. Please ensure that any future contact by yourselves is made in writing to my address:. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If in future you do ring me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

May I also remind you there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully,




Now I've just had a response saying the following:


Thank you for your email. I have asked our client Fitness First to post you a copy of your agreement.

Kind regards,

Do I have any grounds to stand on or should I just cut my losses and pay the damn money? I'm p!ssed off they agreed to waive it but are now asking for it, to be honest!

Is anyone able to help? Apologies for the length of the post. I'd be really grateful for any wise words!

Thanks

Naomim

Hi,

Is the contract in your name and did you sign it? Surely if ex bf bought it and agreed/signed the contract he should be chased?

Sorry I don't know much about this sort of thing but it's my first thought.

Naomi

jodi0808

FF said "if the agreement's in your name it's your responsibility' but he was paying the direct debits....

Naomim

Hmmm I doubt they would agree with ex bf to waive the agreement if it's in your name. Usually companies will only deal with the people named on the agreement.

Is there no way you can ask ex for the emails?

Naomi x

BlushingRose

jodi0808 wrote: »

FF said "if the agreement's in your name it's your responsibility' but he was paying the direct debits....

I don't think it matters who makes the payments. if it's in your name, then the debt is yours. x

McKneff

I think your bf has been telling you porkies.......................

jodi0808

Naomim wrote: »

Hmmm I doubt they would agree with ex bf to waive the agreement if it's in your name. Usually companies will only deal with the people named on the agreement.

Is there no way you can ask ex for the emails?

Naomi x

No we're not on speaking terms and I don't have contact details for him anymore!

So basically I have no leg to stand on, even with the emails from my ex telling me they've waived the fee?

nancmat

Surely if brought as a gift surely it should be his problem, did you sign anything?

pepe2008

Sit back and wait and see what FF come up with.

If they haven't formed a Contract with you, then they CANNOT chase you for the money.

If they have formed a Contract with your ex BF in YOUR name then they still cannot collect and your BF could well have committed a fraud in that case.

Either way, their contract is with your ex BF. Job done. He is welcome to enjoy the remaining Term of his Membership with FF as long as he ays the money, your name in there means zilch.

Naomim

I think the issue here is if you actually signed any agreement with FF. If not then it's your ex bf's problem not yours.

Otherwise I could go and sign up a contract in anyone's name and stop paying and not be liable.. doesn't make sense.

HTH

Naomi x

jodi0808

pepe2008 wrote: »

Sit back and wait and see what FF come up with.

If they haven't formed a Contract with you, then they CANNOT chase you for the money.

If they have formed a Contract with your ex BF in YOUR name then they still cannot collect and your BF could well have committed a fraud in that case.

Either way, their contract is with your ex BF. Job done. He is welcome to enjoy the remaining Term of his Membership with FF as long as he ays the money, your name in there means zilch.

So am I right in thinking that they can only chase me for the money if I've signed a contract? If there's a contract in my name but I haven't signed it they can't chase me for it?

I can't remember if I ever did sign a contract or not which is really annoying (it was when we'd just moved in together so were signing lots of contracts at the time which is why I can't remember!)