Being Chased for a 'Free' Gym Membership!!!

NelskiB

I have recently received a demand by a collection agency for the sum of £440. this was for a supposed Gym membership which was billed as a special offer free membership however, a monthly amount was required for the 'upkeep' of the Gym.
having moved home the nearest gym was miles away (far too far, for any reasonable travel.)
I was told that I could not cancel even though I could not keep up attendance to the Gym.
This 'membership' was taken up in the year 2000.
I have since been onto this collecton agency and asked for proof, I was told that they would be able to send. I have not received this proof only another demand for the full amount.
I have heard that they can not chase me for this as it's too old. I have not acknowledged this debt. (and don't intend to)
I've also heard that there is a template letter that I can send to get them off my back. Can anyone please point me to this as I've been unable to search it out on the site.
Many thanks in advance.:mad:

brightonman123

a 2000 debt would, imo, be 'out of date' - too old to chase, if they haven't been on to you already..?

the 'upkeep' fee sounds like another word for the membership- otherwise would have to pay twice? the whole industry needs looking into I reckon..


** remember to send any letters by recorded delivery so they have to sign for it (and you then have proof- can be printed off, from the royal mail site).

AGB863

Out of interest, which company is chasing the debt?

The letter you need to send is this and if they can not prove that the debt is not statute barred, there is no legal avenue that they can take - they can not enforce payment.

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by yourselves.

We would point out that under the Limitation Act 1980 Section 5 an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued..

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

NelskiB

Wow thank you for such a swift reply

The collection company is called RCS (Revenue Collection Services of Sunbury On Thames)
They are collecting on behalf of AMC Fitness Ltd. (I hit them up on google, and it seems there are many of us poor saps undergoing the same rigmarole)
I think your right the whole industry needs a shake up!!!
Thanks you very much for the letter, without further-a-doo I shall write with great please.
P.S Is this regarded as an acknowledgment of the debt?
Regards
N.:T

fermi

NelskiB wrote: »

P.S Is this regarded as an acknowledgment of the debt?

No. If you want to, then you add this to the beginning of the letter.

"I do not acknowledge any debt to you or any other company or organisation that you claim to be representing"

There is some very good background reading on that letter and the principles used in it here:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

Really worth the time taken to read that through.

NelskiB

My word you are on the ball!!!

That's superb, I have included that sentence too.

I will also check that link.

thanks for your help.........................................................................Muchos

Coupon-mad

Welcome to MSE, NelskiB! :beer:

Post again if you get any response from the company. As you have seen there are some very knowledgeable and helpful people on this site.

brightonman123

that letter is a keeper!

AGB863

NelskiB wrote: »

Wow thank you for such a swift reply

The collection company is called RCS (Revenue Collection Services of Sunbury On Thames)
They are collecting on behalf of AMC Fitness Ltd. (I hit them up on google, and it seems there are many of us poor saps undergoing the same rigmarole)
I think your right the whole industry needs a shake up!!!
Thanks you very much for the letter, without further-a-doo I shall write with great please.
P.S Is this regarded as an acknowledgment of the debt?
Regards
N.:T

The reason I asked, as you have said, one of my clients has been contacted by the same company for exactly the same reason for the same type of debt - ie free membership and paying for the upkeep of the gym which was in 2001 and he used it for 2 months then moved!

I sent this letter - but they still contacted my client - I then sent a second letter listing 6 parts of the OFT's debt collection guidance that they had broken and warning them that they will be reported to the OFT and Trading standards for these breaches if they make any further contact with my client.

If you put at the top of the letter what Fermi put - it makes it very clear that you do not acknowledge anything to them.

faye1978

Hi, I had this with Liv. Vic for a debt that was well over 6 years old and they said they sent proof but I never received it - I told them on hte phone that I was prepared to go to court if neccessary but as they were just chancing that I was stupid on debt matters and hoping I would just pay, I was sure they wouldn't want that because they knew legally they had no leg to stand on. After a few minutes of her conferring with her manager, she called me back and informed me they were going to write the debt off. It was for just over £1000.

I also received a few letter from a company not so long ago about a debt from 2002 for a crisis loan, again I told them I wanted proof before I was prepared to pay up and they told me they didn't have to send me proof, so |I told them again, I would see them in Court and if proof was provided, I would pay the money. I haven't heard from them since.

These companies really try their luck and I suppose a lot of people who don't know about debt matters would just pay up and assume it has to be paid.

bathgatebuyer

Is this not also one to tell Trading Standards about? It sounds as if people have been misled over this offer time and again. I'd be inclined to also email or write to your local TS dept and tell them of the problems you've been having and make sure that RCS know that too.