Why has my gym got a debt agency on to me?


Q I had a membership with Fitness First for more than a year before I decided to move to another gym that was more convenient for me. I telephoned them to ask how to cancel my membership and was told to write to the manager, stating my reasons for cancelling and giving a month's notice.

This I duly did, explaining that I would be cancelling my payment direct debit one month after the date on the letter. The gym then phoned me and asked me to come in for a chat with the manager, but I pointed out that I had put all the information needed in my letter and saw no need for a anything further.

Six weeks later, after my direct debit had been cancelled I began receiving letters from a debt collection company looking for one month's membership payment. I called Fitness First, spoke to the manager and explained what had happened. She told me the club had mislaid my letter and asked for a new copy, which I sent.
Six months later I am receiving telephone calls - though I never gave Fitness First my number - from CARS debt collection agency. This is really distressing me - I know it's not an awful lot of money but I don't have it spare and I followed the cancellation procedure to the letter.
EY

A Having correctly followed cancellation procedures, you are in no way liable for any further funds to Fitness First, so in passing your personal details to a debt collection agency it has breached Office of Fair Trading (OFT) guidelines on debt collection procedures.

I suggest you write to the gym manager (keep a copy of your letter) and include copies of your cancellation letter, explaining that if this debt collection action is not called off immediately, you will take legal advice.
Demand written confirmation that any debt recovery activity has been stopped and advise Fitness First that it is liable to inform the credit reference agencies its debt action was erroneous, and that you will be checking your credit record to ensure this has been done.

If it doesn't comply with your wishes, make a formal complaint to Trading Standards and the OFT. You could also see whether Fitness First is a member of the Fitness Industry Association, the trade body for health and leisure clubs, which operates a members' code of conduct. If it is, you could also complain to the FIA.