Legal thingies

[dieselboy]

They have got back to me and told me to communicate with the debt collection company. I have said fine, but I'm not liable for any fees due to making every attempt at rectifying this since the beginning, and will only be paying the correct outstanding amount. I also pointed out that I was told to cancel the direct debit and have this email conversation.

Also said I am happy to proceed through small claims at no cost to me due to the above reasons.

They're just trying their luck now. Also politely told them my business is going elsewhere. I'm quite puzzled why they would take this stance, since I wished to only hold the membership for some time as I am going away but will be back. If it were me on the other side I would rather keep the customer happy and have their business and good recommendation.

[slobodan]

If you had read any of the posts on that consumer liberal lesbo site, it strongly advises to only communicate by letter, no arguments about who said what to whom then.

[joker??]

Yes its gym membership. I had actually asked for the correct cancellation procedure / policy as I was unaware if there was a cancellation period. I remember starting the communication early in case there was a notice period.
Thanks for your advice.

gym ??? tony you ????

[dieselboy]

Email and letter are the same things these days I think?

And yes Dave, I wanted to build up my physique well actually it is a boxing gym in Southwark. I got punched, sparring once. Ran out screaming and have never been back.

[dieselboy]

The debt collection agency have finally decided to get back to me. Well outside the 7 day timeframe I gave them.
Am I allowed to just ignore them now?

They've spun some line saying they will accept my offer, referencing Civil Procedure Rules part 36 (roughly translating regarding the "offer" I made them...).

They say if I do not contact them within 7 days "[copmany name] will also reserve the right to produce this letter and previous letters of claim to the court when the issue of costs is discussed as per CPR section 44. "

I haven't had time to go through section 44 of the Civil Procedure Rules.

The issue I have now is that I would like them to itemise this charge that they accept I owe. I'm almost certain I've made a mistake on that calculation. Plus I no longer have the money to hand over

[Predictable Bob]

I have spoken to my (trainee) legal advisor and he suggests that you write to them and refer them to the reply given in the case of Arkell v. Pressdram

[dieselboy]

Took me about five minutes worth of research but made me laugh quite a bit.

[flounderbout]

Not really my field, but I am pretty sure the debt collection agency is not entitled to litigate or settle a disputed debt, which this is based on what you have said.
If the gym want to sue for the money when it is disputed they have to do it. Haven't got time to check right now, but there is loads of info on your rights on t'internet.

[dieselboy]

Not really my field, but I am pretty sure the debt collection agency is not entitled to litigate or settle a disputed debt, which this is based on what you have said.
If the gym want to sue for the money when it is disputed they have to do it. Haven't got time to check right now, but there is loads of info on your rights on t'internet.

Thank you for this info. I'll try and find information on this now.

I had given the Gym and debt collection party a time frame of 7 days to respond. I stated that if I did not receive any correspondance within this time I would take it that proceedings had been abandoned.
- is this action legal? I cannot Google the results I need.

I know debt collection companies can sometimes turn up on your doorstep, so feel I should respond. I've been reading through the sections they reference and it appears they are not following protocol anyway. If as you say their request for money is not even valid then they are just wasting everyones time. However they stated after 7 days they will file a claim against the court.

If I offer to pay £1 as good faith, until a complete, factually explained / itemised bill can be produced - will this be negative against me?

The issue I have is that in reality they have stated I owe an ammount close to 12 months membership, without any itemisation or as to what this amount is for. I know I owe an ammount, based on my workings out of past bank statements. This is probably wrong too.

The very start of this was the director of the company instructing me to cancel my direct debit, to terminate the membership. This would nullify the contract anyway?

[dieselboy]

"Implied consent" - is apparently legal in England although cannot find any government documents stating this.

http://www.hiluxsurf.co.uk/showpost....6&postcount=32

[flounderbout]

Thank you for this info. I'll try and find information on this now.

I had given the Gym and debt collection party a time frame of 7 days to respond. I stated that if I did not receive any correspondance within this time I would take it that proceedings had been abandoned.
- is this action legal? I cannot Google the results I need.

I know debt collection companies can sometimes turn up on your doorstep, so feel I should respond. I've been reading through the sections they reference and it appears they are not following protocol anyway. If as you say their request for money is not even valid then they are just wasting everyones time. However they stated after 7 days they will file a claim against the court.

If I offer to pay £1 as good faith, until a complete, factually explained / itemised bill can be produced - will this be negative against me?

The issue I have is that in reality they have stated I owe an ammount close to 12 months membership, without any itemisation or as to what this amount is for. I know I owe an ammount, based on my workings out of past bank statements. This is probably wrong too.

The very start of this was the director of the company instructing me to cancel my direct debit, to terminate the membership. This would nullify the contract anyway?

I wouldn't advise making any payment to the debt collection agency. Just inform them in writing of the dispute, and give as much supporting detail as possible. Ask them to confirm that they will not pursue the debt further pending resolution of the debt, and tell them that you will take the matter up with the original creditor immediately. Copy in the creditor, and write to them setting out why and to what extent the debt is disputed.
There are various OFT guidelines re debt collection agencies that discourage debt agencies (not sure if it is any higher than that) from pursuing disputed debts. There are also some guidelines about doorstepping. Have a look around the OFT site, some guidelines here for example...

[dieselboy]

Thanks again you have been a great help. I have done what you said in a round about way in past communication. I'll just stick to your advice now.

[charvell]

Yes its gym membership. I had actually asked for the correct cancellation procedure / policy as I was unaware if there was a cancellation period. I remember starting the communication early in case there was a notice period.
Thanks for your advice.

Tony give me a call mate, i can do you a letter that will sort this.

[dieselboy]

Hi mate, thank you. Calling is a bit difficult just now as I'm in Perth, Australia. I can try but have also not got your number