Dw fitness dispute - please help

dollfaceman

Hi,
Thanks for reading I was wondering if someone could give me some advice.
I joined DW fitness back in DATE at their Middlesbrough branch whilst I was living at my boyfriends address. In October we moved to Newcastle and decided to check out the facilities there. It proved too much of a nuisance to get to the gym from our new flat and due to work commitments I didn’t go as much as id of liked too. A few months later I suffered an injury to my toe and decided I should terminate my membership because I was definitely now not getting my moneys work.

I went into the Newcastle branch and explained that I wished to cancel to which the manager on duty that day asked me settle the current months fee and that would be the last payment I would need to make. After this payment I cancelled the direct debit discarded my membership card and thought nothing of it. A few days later I received a phone call from the Middlesbrough branch stating my cancellation had been declined as I was in a 12 month contract. Something I was unaware of when I first signed up. I explained that I had moved since signing up and as I don’t drive I can’t frequent the gym on a regular basis and therefore I am no longer getting value for money.

I was told I would need to provide proof of address to prove I had moved 10 mile away from the nearest DW fitness in order to complete the cancellation. I know that the gym is less than that distance to my new address so I didn’t provide proof of address. Also debt collection agencies were mentioned so I wasn’t prepared to give them another form of contact.

I have since been contacted by a debt collection agency for what appears to be the remaining cost of my membership. This is the email I received (details removed for obvious reasons):

This is a message for NAME,

Please contact me at ARC (Europe) Ltd on 01932 251000 as soon as possible regarding your DW Sports Fitness membership quoting the reference REF NO.

Thank you.

NAME

As I don’t think I should pay this as I received confirmation of my cancellation I replied with the following:

ARC Europe LTD
Kent House,
Churchfield Road,
Walton-on-Thames,
Surrey
KT12 2TU

Re: REF


To whom it may concern,

I am responding to your contact about collecting a debt.
You contacted me by [phone/mail], on [date] and identified by reference number: REF

I do not have any responsibility for the debt you’re trying to collect.
It is because of this reason that I do not wish to engage in any further correspondence with you regarding this matter. I urge you to cease all other communication with me and with this address, and record that I dispute having any obligation for this debt.
In failing to cease harassment I will be forced to take further action. Correspondence to the OFT will be made to complain about the tactics used by ARC to harass me into paying money I do not owe.

If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau (or have already done so), also report that I dispute having any obligation for this debt.
A recorded hard copy of this letter has also been forwarded.

Thank you for your cooperation.
Sincerely,
To which they replied:
NB EMAILS REPLIED DIRECTLY TO THIS ADDRESS WILL BE DISCARDED WITHOUT READING

ARC (Europe) Ltd Reference: REF
Re: DW Sports Fitness
Balance: £177.00
Current Arrears: £76.00

Dear NAME,

Thank you for your email.

Please note that ARC (Europe) Ltd is a debt collection agent, acting in good faith on the instructions received from a disclosed principal, namely DW Sports Fitness. We are therefore authorised to contact you in connection with the above matter, and to instruct Solicitors in contemplation of Court Proceedings where we consider it appropriate to do so.

We have acted in accordance with our client’s instructions and within current collection legislation and guidance. We reserve the right to produce our correspondence to any Tribunal, regulatory body or investigating authority to prove our compliance and good conduct in this matter.

Our client has confirmed that you are liable for the above balance as you stopped making payments whilst still within the initial term you agreed with our client. Please note that our client has no record of any dispute form you and this account is therefore not considered to be in dispute. If you wish for a dispute to be investigated, then please respond within 14 days providing full details of your dispute in order for us to refer to our client for further instructions.

In the absence of your detailed dispute, we will remain instructed that the above balance is owed and must be paid. Our client will allow you to pay your current arrears of £76.00 and reinstate your Direct Debit to recommence usage of the facilities. We are also prepared to accept reasonable payment proposals to clear the full balance of £177.00 by installments; however you will not be permitted to use the facilities unless any membership arrears you have outstanding are cleared.

You can make a secure payment to ARC 24 hours a day with your debit or credit card by visiting our web site or by calling our automated payment hotline on 0845 0268889. Alternatively you can telephone us to make a payment by debit or credit card.

If we do not receive your payment proposals, or the details of your dispute as requested, within the next 14 days, we will pass this account back to our Legal Department for further action.

Please be advised that emails replied to this address will not be answered. All emails must be sent to collections@arceuropeltd.co.uk.

So from what I can gather the arrears and remaining balance is the money totalled up from the date of me cancelling the direct debit. I have not used the gym nor had access and therefor am reluctant to make payment for these months.
I don’t want to pay and don’t think it’s fair for them to chase this money after my cancellation was confirmed.

If anyone could provide advice on where I stand as to my rights not to pay, my obligation to enter into further correspondence with the debt collection agency or suggestion on how to act on this it would be massively appreciated.

Kind regards,

dollfaceman

gingeralan

Was your cancellation confirmed in writing? If not I think you'll struggle. Check your contract, when I joined DW it was only a6 month minimum term. But it will all depend on what you agreed to when you joined. If it shows a12 month minimum term you would need to prove that the contract is unfair, possible but not easy. Raise a dispute asap to give you a little more time to seek advice.