Fitlife Ltd - Associated Members Club

alex85uk

Hi everyone could use some advice,

In July I signed up with AMC in in much the same way as everyone else. I signed the forms and thought nothing more of it. This week I was checking my account online and noticed that nothing had been taken from my account for the last two months. (ment to be £16.52 each month). So from when I signed up at the gym to now I have received neither postal communication or extraction of money.

Im not 100% sure about banking procedures and things of that nature so I was worried I had done something wrong. Not informing the bank, not submitting paperwork (this was my first credit contract thingy). I went through my paperwork and found the only number I could....

Lyle Hill Ltd.

I spoke to a lady there who told me she had no record of me, from either name, membership number or anything else. And to write to AMC.
My first thought was that someone hadn't processed my details and so 'free gym!'. However I also thought that somewhere along the line my details might find their way to the office and I would be asked for a huge payment. (even thought its not my problem).

For me the biggest issue is not knowing where my details are or who might have them, will they surface again at an unknown point. This is when I found this forum and have become alot more concerned. One positive is that Im pretty sure I never signed the Pre Contract Information thingy as I found a white (blank) copy with no information on it.

You think there is anything to be worried about, its a different one I know. Any advice appreciated.

A

Janie_Greville

If you skim down through the responses to this one you'll find some great help in bold. If you, like I, received a flier from 'UK Surveys' (undoubtedly locked into Associated Members Club as the address is very similar indeed, as is, I can't help thinking, Lyle Hill though I might have that wrong - check it out, and let me know) and this 'free prize' offer is what triggered your connection with what you now look back and feel has been a financial trap then chances are you CAN spring yourself free.

I was so outraged when I realised that I sent them rather a strong letter offering to be happy to see them in court for them to claim there money so that I could get journalists there and show them up. Having done some journalism myself I felt I was in a fair position to say that. Still, on my own, I am weak - if those of you who have written to moneysavingexpert on t his issue would be prepared to gather together with me and we all send the same letter for example and work in unison then I think we will be in an excellent position both to escape from what to me seems unbelievably unethical and also to show this company up, or rather, what I suspect is a very closely related and orchestrated set of companies, - and in fact to clip its wings well and truly. In my personal opinion what is going on here is little short of legalised robbery and if we can study the law sufficiently to lay bare the manner in which the business is operating then I think that we have an extremely high chance of both freeing ourselves from a ghastly 'commitment' whilst sparing others finding themselves similarly caught and at the same time bringing proper 'karma' back onto the companies/company behind all of this.

I'm loathe to give out my personal email online. However - I'll go now and set up a face book group page exactly for this little campaign - I'll be back to make another contribution here later on to give you the name of the facebook group page. Meanwhile - shove on a line or two if you agree with me onto this forum so that I feel encouraged to be making this effort. I'm confident that I can get this one sorted out for myself having read through the forum bits of assistance but in my heart I want to see these people off - if we get together we can do that.:j

Janie_Greville

Me again - have just seen there's already a facebook group to gather support against this situation, also have noted the suggestion and address of Lyle Hill owners. Meanwhile I've opened a page on Facebook called Fit Finances Campaign, and now I'll go onto BelleXx's lyle hill facebook site -

dangerlust

Hi everyone, came across this thread a while back. My wife was caught by these b******s and we've been receiving the same letters as everyone else. After receiving a letter today from Empingham i've decided enough is enough.

Obviously these companies are doing their best to confuse and scare people. Companies House has both Fitlife Ltd and Lyle Hill Ltd registered at 53C MANOR ROAD NORTH, ITCHEN, SOUTHAMPTON, HAMPSHIRE, SO19 2DT. The history of each company is different until March 2007 when both companies appointed new directors, and then on 28/05/08 and 03/06/08 respectively both companies changed their registered addresses to that above.

Both Lyle Hill and Fitlife are on the register of Consumer Credit Licences, though Fitlife's licence expired on 15 Jan 2009. Historical addresses for Fitlife correspond with the Cheltenham/Gloucester addresses people have been given for AMC, though AMC are careful to only list the postcode for a PO Box which doesn't give a geographic location. Lyle Hill on the other hand have their registered address as BRITTANIA SUITE, ROYAL MAIL HOUSE, TERMINUS TERRACE, SOUTHAMPTON, HAMPSHIRE, SO14 3FD.

In my opinion AMC is just a front, a way for them to pass the buck and confuse people even more. Don't waste time with them. As for Empingham, i'm unaware of links between them and the Lyle Hill/Fitlife outfit but I wouldn't be at all surprised if they are working together behind the scenes somehow.

Most people have been conned into signing a Consumer Credit Agreement, which cannot be enforced if this isn't made clear at the time. Don't worry about the letters you receive because they know the agreements are unenforceable, they're just trying to scare people into paying again.

Send each of the companies a letter something like the following. Tailor it to suit the lies each of you were told:

Dear Sir

With reference to the numerous letters received from your company demanding payment.

When I was initially offered my alleged free gym membership I was at no time informed that this was a Consumer Credit Agreement. Your representative merely told me that I was signing to authorise Direct Debits from my bank account. Had I been given a copy of the Pre-contract Information relating to such an agreement, as is required under The Consumer Credit (Disclosure of Information) Regulations 2004 I would not have signed. As I was actually never given any copies of any paperwork, this “Agreement” would now become unenforceable without an Order of the Court.

I will not make any more payments to your company, and am currently taking legal advice.


Yours Faithfully

XXXX

CC: Fitlife Ltd
Lyle Hill Ltd
Office of Fair Trading
BBC Watchdog

My last post was pulled, probably because I listed the home address of the Lyle Hill directors. I am fed up with the lack of action being taken by authorities against these companies. Not only are there the obvious Consumer Credit Regulations breaches, but probably in a lot of cases fraudulent misrepresentation under the Misrepresentaion Act 1967. And lets not forget that Fitlife no longer even have a valid consumer credit licence.

Keep fighting people, we will beat them.

MissDiggs

Hello everyone - newbie here! Well, new to the forum, not to this scam! Both my darling other half and I have turned out to be victims. We signed up about a year and a half ago and at the time it seemed like a pretty good deal - it was sold to us as a "reduced rate membership promotion" and we were told the £16 odd was the gym membership fee, not a service charge or anything like that. All well and good until recently when my other half tried to cancel following a knee operation which meant he hasn't been able to use the gym at all. Now I want to cancel too and join a much better gym. Like all you guys we weren't at any time told it was "non-cancellable", or that it was a credit agreement. We certainly didn't get any pre-contract sheets!

Dangerlust, can you tell me how you found Fitlife and Lyle Hill on the CCL register? I've searched for them using a variety of search terms (name, trading name, address, company no, etc) but can't seem to find any record of them ever having held a licence. Wouldn't surprise me!

Having read all the advice on here I'm almost looking forward to doing battle with them - I hate companies that try to scam me or use scare tactics. Besides, I might not work as a lawyer, but I didn't spend 5 years at law school for nothing! It will be inetresting to see how they deal with hand delivered letters too - I live in Southampton.

Not sure if it's ok to say this on a public forum but all the info is in the public domain so why not... The registered address for both Lyle Hill and Fitlife (which are the same according to Companies House - 53c Manor Rd North, Itchen, Southampton, SO19 2DT) is actually in the middle of a normal residential street. I might take a drive out there sometime during the week - will keep you all posted on what I find! Somehow I don't think it will be nice professional looking offices.

tinker37

well its been a while since last was on here and have received several letters since, have ignored them all but this morning i received a letter saying the debt would be past on to scotcall, so rang them and said i have no job, no way of paying and that its a con, regretting getting in contact now tho, i am moving out in the next few weeks however my mum will still be lving here by herself and this is why i am worried, i have looked on other forums and other people have been contacted by scotcall but noone who is involved with amc fitlife lyle hill empingham, whatever they want to call themselves.

i have found my contract and it does state it is non-cancable and there is a sheet with pre-contract information, rang citizens advice and consumer hepline, none any help.

Anyone actually had visit from scotcall???????

ann.may

hi everyone...as you are all aware i moved house a year ago..and didnt tell fit life..well this morning i received a letter...wait for it.... guess what....ive one a prize.. i hvnt foned them yet...im thinking what do i do with this,,i want to use this to my advatage.. if its the same gym will they reconize me... any idieas....

Tietze

Our friend Richard Seaman and his gang made the front page of the Cheltenham Echo! He claims he is going to give back our money!

Today's Cheltenham Echo also on thisisgloucestershire.co.uk

Gym users were threatened with court action after signing up to 'free' membership offers from three Cheltenham businesses.
The trio of firms, all based at Victoria House, in Gloucester Road, have been ordered to change their rules by the Office of Fair Trading.
The OFT ruled the sales technique used by Millennium Experience, Matters Consulting and Millennium Experience Direct Mailing was misleading.
The firms sent out vouchers to homes throughout Britain saying the recipient had won a 'free' gift, which later turned out to be gym memberships. When the customers visited the gym to collect their prize, they were told they would have to pay a service charge of £4.11 per week.
According to the OFT, customers who decided to subscribe thought they were agreeing to a standing order for the weekly fee, but actually signed a two-year credit agreement with Southampton firm Fitlife.
By the time they realised what had happened, they were told it was too late to cancel.
But, Richard Seaman, general manager of Millennium Enterprise, insists the firms never advertised the memberships as 'free'.
A number of customers were pursued by debt collectors and threatened with court action, the OFT said.
The regulator stepped in after complaints from people who signed up about the marketing tactics, many of whom vented their feelings on internet forums.
Jason Freeman, legal director of the OFT's consumer market group, said: "It is vital businesses provide clear, honest and up-front information to consumers at all stages of a transaction, from advertising to collecting payments.
"People must be able to assess whether what they are signing up to is a good deal for them and the law provides cancellation rights to support this."
Under the agreement signed with the OFT, the three firms involved in the marketing scheme have agreed not to describe their products as free if the customer has to pay any unanticipated costs. They also agreed to make clear to customers where they are required to sign a credit agreement.
Mr Seaman said: "We are allowed to say on the slip we send out that the gift is free but we have never told anyone the membership is free.
"We have always made clear what people are signing. We always say it is a credit agreement.
"The agreement with the OFT is like a behavioural order. We are not saying we have done it in the past, we are saying we will not do it in the future."
Mr Seaman said the firms had agreed to provide cancellation rights in future and not to instruct debt collectors to chase unpaid fees if their credit agreements did not make clear the customer's right to cancel.
He said: "We provided pre-contract agreements with the credit agreements, which stated it was a non-cancellable contract.
" But we have agreed to make this clearer in future. Anyone who has signed up to a previous contract will have the right to cancel it."

regards

:money:

Tietze

Quote the OFT

PART 8 OF THE ENTERPRISE ACT 2002: (THE ACT)
UNDERTAKING TO THE OFFICE OF FAIR TRADING (PURSUANT TO S219 OF THE ACT) RELATING TO:
1. THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

2. THE CONSUMER CREDIT (ADVERTISEMENTS) REGULATIONS 2004

3. THE CONSUMER CREDIT (DISCLOSURE OF INFORMATION) REGULATIONS 2004
4. THE CONSUMER PROTECTION (CANCELLATION OF CONTRACTS CONCLUDED AWAY FROM BUSINESS PREMISES) REGULATIONS 1987: (THE 1987 REGS)
5. THE CANCELLATION OF CONTRACTS MADE IN THE CONSUMER'S HOME OR PLACE OF WORK ETC REGULATIONS 2008: (THE 2008 REGS)

UNDERTAKINGS
[FONT=Univers,Univers][FONT=Univers,Univers]

I, David Philip Black (Mr Black), Managing Director of The Millennium Experience Limited trading as Associated Members Club (MEL) (company registration number: 04462682), whose registered office is at Hazelwoods LLP, Staverton Court, Staverton, Cheltenham GL51 0UX, hereby undertake to the Office of Fair Trading pursuant to section 219 of the Act that:
A I will not continue or repeat my consent to, or connivance in, such conduct by MEL as is described in paragraphs numbered 1 to 7 below (the Prohibited Conduct);
B I will not engage in the Prohibited Conduct in the course of my business or another business; and
C I will not consent to, or connive in, the carrying out of the Prohibited Conduct by a body corporate with which I have a special relationship (within the meaning of section 222(3) of the Act) including, without limitation, MEL.
The Prohibited Conduct is any of the following conduct which harms the collective interest of consumers being conduct which harms or risks harming consumers generally or individual consumers who may purchase the goods or services offered by the trader, or who are affected by the trader's activities, as a result of an act or acts that fall within the following paragraphs:

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Consumer Protection from Unfair Trading Regulations: (the CPRs)

1. Regulation 3(4)(d) - Schedule 1

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A. Practice 4

[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]

Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or making such a claim without complying with the terms of the approval, endorsement or authorisation. In particular by:
(i) claiming in literature that gifts have been donated by local business, when either no gifts have been donated at all, or only one business has donated anything, or there is no evidence to support this claim.

[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]

B Practice 20

[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]

Describing a product as 'gratis', 'free', 'without charge' or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item. In particular by:
(i) using in any literature the phrase [/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]'Congratulations. This number has drawn one of the gifts donated by local business', [/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]or any similar phrase which implies that the recipient will not incur any significant costs in order to claim their gift.

[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]

C Practice 31

[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]

Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost. In particular by:
(i) requiring participants to make a financial commitment and incur costs, namely to pay a weekly service contribution of £4.11 over two years, in order to claim a prize or other equivalent benefit in a promotion; and also

　

(ii) requiring participants to sign a two-year non-cancellable consumer credit agreement in order to claim a prize or other equivalent benefit.

　
[/FONT][/FONT]

2. Misleading Actions

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any misleading actions within the meaning of Regulation 5 of the CPRs, and in particular by:
(i) causing, procuring or permitting, or being otherwise concerned with, whether directly or indirectly, the publication, whether orally, in writing or in any manner whatsoever, of the commercial communication (the leaflet) at Annex 1.
B Engaging in any misleading action which contains false information, or by its presentation is deceptive in any way in relation to the availability of the product (contrary to Regulation 5(5)(a)), in particular by:
(i) giving recipients the misleading impression that they have been particularly fortunate, relative to other recipients, to have won or been awarded a prize or other equivalent benefit in a promotion when this is not in fact the case.

　

(ii) failing to make clear exactly what the gifts are, or that the gifts are always membership of Associated Members Club (AMC) or a 'one day' visit voucher to a local gym;

　

(iii) claiming that gifts have been donated by local business when no such donations have been made;

　

(iv) claiming that the value of any gifts exceeds £32,500 or any other stated figure, when the gifts have never been sold for that price.

　
[/FONT][/FONT]

3. Misleading Omissions

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any misleading omissions within the meaning of Regulation 6 of the CPRs and in particular by:
(i) causing, procuring or permitting, or being otherwise concerned with, whether directly or indirectly, the publication, whether orally, in writing or in any manner whatsoever, of the commercial communication (the leaflet) at Annex 1.
B. Engaging in a misleading omission by omitting material information in particular by:
(i) failing to state details of any significant terms and conditions applicable to the items offered as prizes or other equivalent benefits in a promotion; and/or

(ii) failing to inform consumers verbally that they are required to sign a two-year credit agreement in order to claim their gift;

　

(iii) failing to provide pre-contract information to consumers prior to them signing a credit agreement, as required by the Consumer Credit (Disclosure of Information) Regulations 2004;

　

(iv) failing to properly note on the credit agreement any instances where cash sums (usually £10) were obtained from consumers contrary to Regulation 6(4)(d);

　

(v) failing to state the main characteristics of the product, and the actual price or value of the gift that a consumer has been awarded;

　

(vi) failing to make clear that the gifts are always gym memberships, or rather membership of AMC (and the only alternative 'gift' is a 'one day' visit voucher to a local gym); and

　

(vii) failing to include the geographical address of the Company and the geographical address of any trader on whose behalf the Company is acting; and

　

(viii) failing to include any details about any cancellation rights that consumers may have, especially since it is our view that consumers do have a right to cancel their membership of AMC and the related credit agreement under the 1987 Regs and the 2008 Regs.

　
[/FONT][/FONT]

4. Aggressive practices

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any aggressive practices within the meaning of Regulation 7 of the CPRs and in particular by:
(i) engaging in conduct that significantly impairs or is likely to significantly impair the average consumer's freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence;
B. Engaging in aggressive practices, in particular by:
(i) instructing debt collectors to pursue consumers for unpaid fees – in circumstances where the credit agreements are unenforceable without a court order, due to MEL's failure to provide the required pre-contract information – and thereby attempting to take action which cannot be legally taken, contrary to Regulation 7(2)(e); and

(ii) applying undue pressure on consumers – bearing in mind that the debt collectors that are acting on behalf of MEL are quite relentless, and will pursue consumers for several years if necessary with threats of court proceedings to obtain payment – causing them to make the repayments against their better judgement, contrary to Regulation 7(3)(b).

　
[/FONT][/FONT]

5. Consumer Credit (Advertisements Regulations 2004: (the 2004 Regulations)

　
[FONT=Univers,Univers][FONT=Univers,Univers]

A. Publishing a credit advertisement, namely by using a telephone script, which in our view amounts to a credit advertisement within the meaning of section 43 of the Consumer Credit Act 1974, because it consists of a set of statements published to consumers who are invited to call Matters Consulting Ltd (MCL). It is published by MCL on behalf of MEL and for the purposes of a business carried on by Fitlife Ltd (Fitlife). It indicates, by the reference to payments of £4.10 per week, that Fitlife is willing to provide credit, since these sums are those which are required under the credit agreement that Fitlife enters into. Credit advertisements must comply with the 2004 Regulations, failing which the advertiser and the publisher may commit an offence under the Consumer Credit Act 1974, and a domestic infringement under the Act.

　

B. The telephone script breaches the 2004 Regulations in the following ways:

　

(i) it fails to specify the name of the advertiser, contrary to Regulation 3(c);

　

(ii) it states an amount of repayment of credit, but fails to state the number of those repayments or the total amount payable, contrary to Regulation 4(1)(a) and Schedule 2;

　

(iii) it states an amount of repayment, but fails to specify a postal address of the advertiser, contrary to Regulation 4(1)(b);

　

(iv) it states an amount of repayment, but fails to specify the typical APR, contrary to Regulation 8(1)(b); and

　

(v) it uses a weekly equivalent payment (namely the sum of £4.10), when in fact weekly payments are not provided for under the credit agreement, contrary to Regulation 9(2)

　
[/FONT][/FONT]

6. The Cancellation of Consumer Contracts made in the Consumer's Home or Place of Work etc Regulations 2008: (the 2008 Regs)

　
[FONT=Univers,Univers][FONT=Univers,Univers]

A. Failing to provide consumers with a written notice to cancel their contract, as required by the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 (the 1987 Regs). The 1987 Regs were repealed and replaced with the 2008 Regs on 1st October 2008. We consider that MEL has also failed to provide consumers with a similar written notice to cancel their contract, as required by the 2008 Regs. Furthermore, we consider that MEL committed an offence, whether under the 1987 Regs or the 2008 Regs, on each occasion when it failed to provide the required notice.

　
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7. Professional Diligence

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any practice which is unfair within the meaning of Regulation 3(3) of the CPRs, in that it fails to meet the standard of special skill and care to be expected to be exercised towards consumers in the field of gym membership, which is commensurate with honest market practice or good faith generally.

B. Allowing MEL to act in a manner as set out above, which is unlawful under Regulation 3 for the following reasons:
(a) as a director of MEL, Mr Black was in a position to be fully aware of the complaints that have been received by various Trading Standards Services, and their general concerns regarding the manner in which consumers had been signed up as new members to AMC;
(b) in permitting MEL to act in the manner set out above, Mr Black did not show the standard of care and skill, commensurate with honest market practice or good faith, to be expected of a director of a company which deals with consumers. He should take reasonable steps to ensure that MEL does not breach consumer protection legislation;
(c ) in presiding over these breaches of consumer protection legislation, Mr Black has distorted, the economic behaviour of the average consumer with regard to the products offered to consumers.

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BY SIGNING THESE UNDERTAKINGS I AM AGREEING THAT I WILL BE BOUND BY THEM.

THE ACTS REFERRED TO IN PARAGRAPHS 1 TO 7 ARE DOMESTIC AND COMMUNITY INFRINGEMENTS PURSUANT TO SECTIONS 211 AND 212 OF THE ACT. IF HAVING SIGNED THIS DOCUMENT I BREACH ANY OF THE ABOVE UNDERTAKINGS I AM AWARE THAT I MAY BE THE SUBJECT OF AN APPLICATION TO THE COURT FOR AN ENFORCEMENT ORDER UNDER SECTION 215 OF THE ACT.

Tietze

Same people at the same address!!!!

Quote the OFT

PART 8 OF THE ENTERPRISE ACT 2002: (THE ACT)
MATTERS CONSULTING LTD
UNDERTAKING TO THE OFFICE OF FAIR TRADING (PURSUANT TO S219 OF THE ACT) RELATING TO:
THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

THE CONSUMER CREDIT (ADVERTISEMENTS) REGULATIONS 2004

UNDERTAKING

[FONT=Univers,Univers][FONT=Univers,Univers]Matters Consulting Limited (MCL), a body corporate (company registration number: 05664663), also trading as Survey UK, registered office address at Victoria House, 1 Gloucester Road, Cheltenham GL51 8LN, hereby undertakes to the Office of Fair Trading, pursuant to section 219 of the Act:

• [/FONT][/FONT]that [FONT=Univers,Univers][FONT=Univers,Univers]it will not (whether by its officers, employees or agents or otherwise) continue or repeat the conduct described in paragraphs 1- 4 below (the Prohibited Conduct);

　

• [/FONT][/FONT]and that [FONT=Univers,Univers][FONT=Univers,Univers]it will not (whether by its officers, employees or agents or otherwise) engage in the Prohibited Conduct in the course of its business or other business:

　

• [/FONT][/FONT]and that [FONT=Univers,Univers][FONT=Univers,Univers]it will not (whether by its officers, employees or agents or otherwise) consent to or connive in the carrying out of the Prohibited Conduct by another body corporate with which it has a special relationship (within the meaning of section 222(3) of the Act).
The Prohibited Conduct is any of the following conduct which harms the collective interest of consumers being conduct which harms or risks harming consumers generally or individual consumers who may purchase the goods or services offered by the trader, or who are affected by the trader’s activities, as a result of an act or acts that fall within the following paragraphs:

[/FONT][/FONT]

Consumer Protection from Unfair Trading Regulations: (the CPRs)

1. Regulation 3(4)(d) - Schedule 1

[FONT=Univers,Univers][FONT=Univers,Univers]A. Practice 4
[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]Claiming that a trader (including his commercial practices) or a product has been approved, endorsed or authorised by a public or private body when the trader, the commercial practices or the product have not or
making such a claim without complying with the terms of the approval, endorsement or authorisation. In particular by:
(i) claiming in literature that gifts have been donated by local business, when either no gifts have been donated at all, or only one business has donated anything, or there is no evidence to support this claim.
[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]B Practice 20
[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]Describing a product as 'gratis', 'free', 'without charge' or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item. In particular by:
(i) using in any literature the phrase [/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]'Congratulations. This number has drawn one of the gifts donated by local business', [/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]or any similar phrase which implies that the recipient will not incur any significant costs in order to claim their gift.
[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]C Practice 31
[/FONT][/FONT][FONT=Univers,Univers][FONT=Univers,Univers]Creating the false impression that the consumer has already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost. In particular by:
(i) requiring participants to make a financial commitment and incur costs, namely to pay a weekly service contribution of £4.11 over two years, in order to claim a prize or other equivalent benefit in a promotion; and also
　
(ii) requiring participants to sign a two-year non-cancellable consumer credit agreement in order to claim a prize or other equivalent benefit.
　
[/FONT][/FONT]

2. Misleading Actions

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any misleading actions within the meaning of Regulation 5 of the CPRs, and in particular by:
(i) causing, procuring or permitting, or being otherwise concerned with, whether directly or indirectly, the publication, whether orally, in writing or in any manner whatsoever, of the commercial communication (the leaflet) at Annex 1.
B. Engaging in any misleading action which contains false information, or by its presentation is deceptive in any way in relation to the availability of the product (contrary to Regulation 5(5)(a)), in particular by:
(i) giving recipients the misleading impression that they have been particularly fortunate, relative to other recipients, to have won or been awarded a prize or other equivalent benefit in a promotion when this is not in fact the case.

　

(ii) failing to make clear exactly what the gifts are, or that the gifts are always membership of Associated Members Club (AMC) or a 'one day' pass to a local gym;

　

(iii) claiming that gifts have been donated by local business when no such donations have been made;

　

(iv) claiming that the value of any gifts exceeds £32,500 or any other stated figure, when the gifts have never been sold for that price.

　
[/FONT][/FONT]

3. Misleading Omissions

[FONT=Univers,Univers][FONT=Univers,Univers]

A. Engaging in, or being otherwise concerned with, whether directly or indirectly, any misleading omissions within the meaning of Regulation 6 of the CPRs and in particular by:
(i) the commercial communications annexed hereto as Annex 1;
B. Engaging in a misleading omission by omitting material information in particular by:
(i) failing to state details of any significant terms and conditions applicable to the items offered as prizes or other equivalent benefits in a promotion; and/or

　

(ii) failing to state the main characteristics of the product, and the actual price or value of the gift that a consumer has been awarded;

　

(iii) failing to make clear that the gifts are predominantly gym memberships, or rather membership of AMC (and the only alternative 'gift' is a 'one day' visit voucher to a local gym); and

　

(iv) failing to include the geographical address of the Company and the geographical address of any trader on whose behalf the Company is acting;

　

(v) failing to include any details about arrangements for payment required from consumers, and any cancellation rights that consumers may have; and

(vi) failing to make clear the commercial intent of any practice, which is the recruitment of new members to AMC; and

(vii) failing to inform consumers during telephone conversations that they are required to pay a weekly service fee of £4.11 which may only be paid on a monthly basis by standing order, and that they are required to sign a two-year non-cancellable credit agreement in order to claim their gifts.

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4. Consumer Credit (Advertisements) Regulations 2004: (the 2004 Regulations)

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A. Publishing a credit advertisement, namely by using a telephone script, which in our view amounts to a credit advertisement within the meaning of section 43 of the Consumer Credit Act 1974, because it consists of a set of statements published to consumers who are invited to call the Company. It is published by MCL on behalf of The Millennium Experience Ltd (MEL) and for the purposes of a business carried on by Fitlife Ltd (Fitlife). It indicates, by the reference to payments of £4.10 per week, that Fitlife is willing to provide credit, since these sums are those which are required under the credit agreement that Fitlife enters into. Credit advertisements must comply with the 2004 Regulations, failing which the advertiser and the publisher may commit an offence under the Consumer Credit Act 1974, and a domestic infringement under the Act.
B. The telephone script breaches the 2004 Regulations in the following ways:
(i) it fails to specify the name of the advertiser, contrary to Regulation 3(c);

(ii) it states an amount of repayment of credit, but fails to state the number of those repayments or the total amount payable, contrary to Regulation 4(1)(a) and Schedule 2;

　

(iii) it states an amount of repayment, but fails to specify a postal address of the advertiser, contrary to Regulation 4(1)(b);

　

(iv) it states an amount of repayment, but fails to specify the typical APR, contrary to Regulation 8(1)(b); and

　

(v) it uses a weekly equivalent payment (namely the sum of £4.10), when in fact weekly payments are not provided for under the credit agreement, contrary to Regulation 9(2).

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IF YOU SIGN THIS DOCUMENT ON BEHALF OF MATTERS CONSULTING LTD (MCL), MCL AGREES TO COMPLY WITH ITS REQUIREMENTS.

THE ACTS AND OMISSIONS REFERRED TO IN PARAGRAPHS 1 - 4 ARE COMMUNITY INFRINGEMENTS PURSUANT TO SECTION 212 OF THE ACT. IF, AFTER YOU HAVE SIGNED THE DOCUMENT ON BEHALF OF MCL, AND MCL BREACHES THE ABOVE UNDERTAKING, MCL MAY BE THE SUBJECT OF AN APPLICATION TO THE COURT FOR AN ENFORCEMENT ORDER UNDER SECTION 215 OF THE ACT

They are still running the same scam in the same way from the same address (Victoria House, 1 Gloucester Road, Cheltenham) but they are now called Universal Consulting Ltd!