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

flutterby_lil

So if your boyfriend got the membership for you, surely it is his name the debt is in?

jodi0808

flutterby_lil wrote: »

So if your boyfriend got the membership for you, surely it is his name the debt is in?

I'm not sure whether he put the contract in my name or his or whether I signed anything for that matter!

Naomim

jodi0808 wrote: »

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!)

Send them a prove it letter.. there's a template on here somewhere. Or just ask them to send a copy of the contract.

Naomi

pepe2008

Dear Sirs
Account No/Reference No:
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).
I also remind you of your duties, in line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
A copy of their agreement
Copies of some of the other documents mentioned in their agreement
A statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

Make the debtor pay the debt before they're supposed to,
Get a court judgment against the debtor .
So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully


....Copy and send that to CARS. They have Legal Obligation to forward the request to FF and until its answered satisfactorily they cannot do anything. Also check your Credit File, easy to do online and make sure that neither of them have entered anything on it....at this stage that would be Defamation.
Dont give in, you don't owe a penny to FF

ALIBOBSY

jodi0808 wrote: »

I'm not sure whether he put the contract in my name or his or whether I signed anything for that matter!

Well once they send you a copy of the original agreement you will see who actually signed it. If its not you tell them to go whistle for the money.

Ali x

JimmyTheWig

jodi0808 wrote: »

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

Do you have a mutual friend who could ask him?

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

The emails from your ex are pretty meaningless as far as FF are concerned. I could get a bloke down the pub to email me to say that my mortgage company say I don't have to pay them any more. I couldn't present that email to my mortgage company and expect them to honour it.
Whether, having settled the debt if it does turn out to be yours, you can then use these emails to take your ex to small claims court for any losses, I don't know.
But I presume that you can't do that unless you know where he is.

McKneff

Perhaps the ex b/f signed your name for you. Which will be obvious to you, you will find this out when you get a copy of the contract.

The only way that you are liable is that if you yourself signed it.

YoungBaker

jodi0808 wrote: »

I'm not sure whether he put the contract in my name or his or whether I signed anything for that matter!

You will have signed a contract - they wouldnt have let you in and use the gym otherwise.

DVardysShadow

BlushingRose wrote: »

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

Let me politely disagree with this. It could have 2 names on it:

• The person who formed the contract
• The person who benefits from the contract

If these are 2 different people, it is always the person who formed the contract who is responsible for the debt, never the person who benefits from the contract.