TruGym DD Fraud?

knightstyle

Firstly do not phone them, insist all communication is in writing.
Next make sure they have the correct address to contact you and then wait for them to take you to court. When they do insist on a hearing at your local court and you will get off easily.
You could also send them a SAR, look for standard letter on line, that will show if they contacted you about the changes to your contract.

System

Aylesbury_Duck wrote: »

That's good. Is that in writing? "They said" suggests not.

I quoted the breach of law, advised them not to contact me again unless they had sufficient evidence and told them that future correspondence would resort in being invoiced.


Two minutes later I received a phone call (which is recorded on a phone app) informing me that on this occasion that they couldn't show me evidence of the email the gym sent. Also, when the gym states they sent the email (January) vs when they should have sent it (December), the gym didn't comply and they will be dropping the £210 fee's. I have kept this call recorded to provide the bank for the Direct Debit Guarantee scheme if required.


Thank you for your help.

System

knightstyle wrote: »

Firstly do not phone them, insist all communication is in writing.
Next make sure they have the correct address to contact you and then wait for them to take you to court. When they do insist on a hearing at your local court and you will get off easily.
You could also send them a SAR, look for standard letter on line, that will show if they contacted you about the changes to your contract.

I record every phone call for if they do call me but thank you.
Everything is resolved now but thank you for your help.

DoaM

flamewipe wrote: »

I record every phone call for if they do call me but thank you.

If you haven't advised them that the call is being recorded then you can't use it at all (except as a reminder to yourself) - you certainly can't use it as evidence in any claim. Maybe something to remember in future?

davidmcn

DoaM wrote: »

If you haven't advised them that the call is being recorded then you can't use it at all (except as a reminder to yourself) - you certainly can't use it as evidence in any claim. Maybe something to remember in future?

Cite for this?

This article suggests it can be admissible:

https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/

DoaM

davidmcn wrote: »

Cite for this?

This article suggests it can be admissible:

https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/

The article you quote covers it ...

A private recording can be submitted as evidence, but with some conditions:

• A recording may be relied on in evidence if the court gives permission
• An application for permission should be made on form C2
• The recording should be made available to other parties before any hearing to consider its admissibility.

I should have been more explicit to cover that specific area - secret (non-advised) recordings cannot be used except with the court's permission. I don't know whether form C2 has a cost attached, nor whether any such cost would be recoverable from the other party.

[Deleted User]

flamewipe wrote: »

Anyhow, the debt has been cleared and they admitted fault. My story may not have added up to you but there was enough evidence for CRS/Harlands to realise that they didn't have a leg to stand on.

Admitted fault or cleared as a goodwill gesture if they couldn't prove the email was sent?

System

Colin_Maybe wrote: »

Admitted fault or cleared as a goodwill gesture if they couldn't prove the email was sent?

Admitted fault. They said that TruGym informed them that they sent the email in January yet the first payment was taken in December, I should have been notified 10 days prior and wasn't.

Bermonia

GOGW it is then... or they would’ve only refunded the first payment if at fault