ARC Europe

Clara1970

Hi. I have been making regular payments to ARC Europe for a Gym debt that I do not dispute. However, I was unable to make a payment last month (the first in a year), and after umpteen phone calls to both my mobile and my home (only talking Christmas Day and Boxing Day off!, they sent me a letter this morning threatening court action.


According to their letter I have 10 days to pay the full amount, due to me defaulting on the original agreement, or they will issue a county court claim.


I can make payment at the end of the month, but I don't want to ring them as they are obnoxious on the phone. Shall I email them instead? Any advice on this would be great.


Thanks!

happy_bunny_2

'Will' or 'may' issue court claim? Wording is important.

How much is it for?

Can you pay in full at end of the month?

Only deal in writing, or email, tell them to remove your contact phone details. If they refuse, register a formal written complaint. If they ring, just say writing only and hang up, or block the number.

[Deleted User]

Just write and say you will continue paying as usual at the end of the month, don' t call them. If they have any sense they will accept it, don't be panicked and worried about their threats.

Clara1970

Thanks for your replies! The letter said 'may' issue a court summons. I owe £179 and I can't pay that off at the end of the month, but I will email them and let them know that I will resume the monthly payment.

happy_bunny_2

Ok, that makes a huge difference.

They need to tell you that you need to pay or they will take you to court, then send forms, you can then buy a month, then even with a CCJ you get a further month to pay to avoid it being registered.

So, it's not a quick process, so don't stress.

Tell em if they keep ringing, you will be much less inclined to pay and will be looking to raise formal complaints for harassment etc.

Clara1970

Oops, I was wrong! The letter states "A County Court judgement will now be prepared and if you do not contact us within ten days of the date of this letter [dated 30.12.13], the Claim can be sent to our Solicitors for issue in the Northampton County Court". I've emailed them stating I will resume monthly payments at the end of this month, and that I will only deal with correspondence in writing.

happy_bunny_2

Seems like they are giving you advance notice, so I guess they can set the ball rolling if they like.

Your plan sounds sensible.

Good luck

HB

Clara1970

I have just discovered that Arc have taken payment from my account, the day after they issued the threatening letter! Can they do this? Initially I authorised them to take payment on the 22nd of the month, but I didn't know they could keep on trying to take payment until they get it!
Does anyone know how I can stop all future payments via my card? I have emailed them and told them that I no longer authorise them to take payment via my card, but whether they pay attention to that - who knows?

happy_bunny_2

Emailing them is good, as that now, under OFT debt collection guidelines, they should not attempt to collect further payments, as you have cancelled the CPA.

You also need to cancel the continuous payment authority with your bank. Call them or call in branch to do so, but follow up in writing and ask for written confirmation. Most are getting better at doing this. But some still say they can't, but don't take no for an answer.

You could ask your bank for a refund, explaining what happened, but might not get much joy.

As for paying in future, ask them for their bank details and set up a standing order. Do via email or in writing. If they refuse, keep a copy of their email or letter, as I'm sure if it went to court, refusing a valid payment means would not look good on them.

Clara1970

Thanks HB, you have been very helpful. :-D