Legal advise required-I am in the UK?

I would be grateful is someone can help or direct me to the right path.

I signed a contract with Gold Gym in August 2006 (term of contract is 6 month) and cancelled it on 12/2/07 using their standard cancellation form signed by their staff.

Now they send the debt collector letter and after several letters and gold gym does not want to talk to me even I have evidence of the cancellation . On the other hand the debt collect has been very rude and have send me a draft letter of county court which contains a contract has been signed on 31 august 2006 and non payments of fees.

Should I attend court or what should I do. I have proof of bank statement that they have taken monet up to June 2007 despite I have cancelled my membership in February 2007.

alex hephaestion

Attend the court taking with you all the relevant paper work yes you will win but that is not enough.

you must show the judge the paperwork and tell the judge that you have pointed out that you have paid many times [show times and dates if they were telephone conversations] and tell him or her that this has caused you great stress and extra cost. make sure you make it clear about the extra cost and stress.

if you win the case, and with the evidence you have said you have you should if the judge doesnt make a ruling for costs for you then see a solicitor and claw those costs plus any stress related payment from the companies concerned.

this i believe is called a counter-suit though i am not sure.

in the UK everyone is entitled to see a solicitor and the first hour is paid by a system called the green card. it maybe that the solicitor will be able to get the costs back without it going to court this is likely if the company's case goes for you at the first court hearing.

failing that go to the CAB Citizens Advice Buro but do this before the court date take all the paper work with you to this meeting.

Good Luck

Jan409

I don't know if you watch BBC1 programme - Watchdog

but it has been all about debt collectors for weeks and their

horrendous illegal practices

AS they said on the programme

the debt collector 'must' show proof that you DIDN'T pay

You have your proof, so send a copy of that to the Debt collector,

by registered post..so that they definitely receive it

and contact Citizens advice about this

Visit the BBC website and look at 'Watchdog' programme link

and hopefully they will also give you more advice

The debt collector may well be one the firms that

BBC 'Watchdog' has exposed

Bren

if u have paid 6 months fees then u should have no problem. after the 6 months u should only have had to give one months notice of cancellation so i dont think they can take more than that. they are trying to bully u into paying dont be bullied stand yr ground tell them u have evidence u have paid what was stated in the contract and a copy of yr cancellation letter and tell them to take u to court. u have nohting to lose . good luck.

Cadillac C

Take all the evidence with you to court. You will win.

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