Hi, I need some help asap.

I joined TruGym in 2nd October 2017.

Then my account was immediately defaulted because my bank account doesn't take DD.

Because i didn't have another payment method i let it there.

I wasn't able to access the gym at that time also.

After 3 months in late december i received an email form CRS that i owe a debt of £167 passed by trugym Platinum.

I tried to contact TruGym at first but they didnt reply in any emails.

Then one month later i received another email from the CRS with a Letter attached saying that i owe £203 and that they will take legal action if i dont pay them.

Also they are willing to "reach an amicable resolution to this".

What should i do?

Hi Justa and welcome to CAG

Take some time to read other threads here and you'll see that Harlands/CRS don't take anyone to court.

Don't bother contacting the gym - they'll not be interested.

Don't talk to Harlands/CRS at all for any reason. If they call you - say NOTHING and hang up !

1. When was the last date you used the gym.

2. Is there any reason you set up the m/ship using an a/c that didn't allow DD mandates.

Ignore Harlands?CRS for now and be aware - Harlands/CRS don't try to reach amicable resolutions. They'll try to take as much from you as they can, in gym fees and in unlawful admin fees.

Hi Slick132,

Thank you for the quick reply.

I read some other threads but they didn't seem to be the case.

Also they called me several times but i didnt awnser. Only one time i called them and they asked for my address and date of birth before talking anything with me and i told them i won't give them and they said that they cannot help me unless they verify that. Also the address they have its an old one since i moved out.

1. I used the gym only once at wnd of october before even my account was active. I singed up at 2nd of October and when i went there 2 days later i was not able to access it becuase my account was defaulted.

2. I didn't know that my card didn't allow DD.

Furthermore I emailed them i couple of times but they didn't seem to care and just told me that they dont change their opinions and that i owe the same amount. I can send you the mebership T&Cs if yo uwant aswell.

Thank you

Hi Justa,

No, we don't need to see their T&C's.

You need to make sure they have your current address so you always know what they're up to so write to Harlands at their Haywards Heath address saying :-

Dear Harlands/CRS,

I refer to demands from Harlands/CRS.

Please note my new address is xxxxxxxx.

Write to me if you want but I will pay nothing as the m/ship was never properly activated.

Harassment by Harlands/CRS will be reported if necessary.

Yours sincerely,

Send the letter and get a free Certificate of Posting from the PO counter.

Otherwise, make no contact at all with Harlands/CRS or the gym.

Hi Slick132,

Why should i tell them my address and why should i use a letter instead of email.

How do i know they won't proceed with the court? From their point of view i breached the T&Cs by not paying the minimum amount which was 1 month.

no go back and read the emails CAREFULLY

they don't say WILL anywhere

gyms have not done court since their epic fail in 2012

and never forget

a DCA is NOT A BAILIFF

and have

ZERO LEGAL POWERS

to do anything bar harass and threaten you.

you need to inform them of your correct address

never use email

and block & bounce further ones back

dx

So you are saying they are not gonna hunt me for the moeny i "owe"?

other than by increasingly scary letters no.

so read a few threads here

but do as post 4.

What is the thing that prevents them from getting me to the court?

Justa,

The advice we give here is based on many years dealing with gyms and their admin companies.

Why won't they take you to court ? - because they know they have no legal basis to justify their unlawful admin fees, or their harassing tactics.

Read other threads here. An hour or two should help you understand how Harlands/CRS work.

Don't use an email - inform them of your new address by posted letter and keep the proof of postage we've told you to get. This ensures you don't get a CCJ against you at an old address just because you failed to tell Harlands you moved.

This is a self-help forum so take the time to read about other gym cases. They may not be the same as yours but the principles still apply.

Why won't they take you to court ? - because they know they have no legal basis to justify their unlawful admin fees, or their harassing tactics.

It is written in the T&Cs:

7. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any

other form of payment is not honoured for whatever reason, you shall pay Harlands on demand (i) an initial administration fee of £25; and (ii)

any and all further reasonable costs incurred by Harlands in recovering the due fees and charges from you, including costs in tracing you if

you have changed your address without telling us. Harlands’ right to recover these fees and costs shall be in addition to and without limitation

of our rights or those of Harlands which may exist notwithstanding the terms of our Agreement.

8. You agree to advise us promptly of any change to the Members Details provided.

9. If you fail to pay any amount due under this agreement for a period of more than thirty days, then we or Harlands may pass the debt to a third

party company for collection. In addition to any costs and charges Harlands may be entitled to under clause 7, the reasonable and direct

costs incurred in employing the third party company will be borne by you, including costs in tracing you if you have changed your address

without telling us.

Don't use an email - inform them of your new address by posted letter and keep the proof of postage we've told you to get. This ensures you don't get a CCJ against you at an old address just because you failed to tell Harlands you moved.

 

This is a self-help forum so take the time to read about other gym cases. They may not be the same as yours but the principles still apply.

 

What if i get a CCJ. What do i do next?

and all T&C's can be challenged and have been , that's why they lost and that's why you can also reclaim stuff like PPI and penalty charges on cards/loans etc.

you must protect against getting a backdoor CCJ to an old address as they might well try that.

but they wont go for a CCJ when they know your real address as they'll lose again.

a CCJ will kill mortgages/credit for 6yrs

But they dont know that i moved and they think that that is the real address. Will they still go for a CCJ ?

if they do not know your correct address there is always a risk.

which is why slick132 recommended the letter

For them it is the correct address.

:frusty:

post 14

Hi Justa,

I couldn't have been much clearer !!

Reread post #4 - if you don't give Harlands/CRS your CURRENT address, they could use the old one and get a CCJ against you by default because you wouldn't know it had been Filed in court and you therefore failed to defend it. It could take months or years to learn of such a CCJ against you unless you monitor your CRA files regularly, and getting a CCJ reopened and removed from the public records could be difficult or at least time-consuming.

Also in post #4 I confirmed we don't need to see any T&C's as we've been seeing these for many years. As DX rightly points out, the existence of something in T&C's does NOT make it lawful - eg credit card penalty charges, PPI charges, packaged bank account charges, etc.

It's your prerogative to follow our suggestions or not but we've been dealing with Harlands outfits for many years and we know what we're doing.

Dear CRS,

I refer to the demands from CRS.

My membership was never properly activated and therefore I don’t owe the amount of money you claim. Please stop contacting me.

Best,

I sent this earlier today. The address that they have its on my brothers house so i know what letter i get.

Is it ok or did i do somehing wrong?

by which method did you sent that?

if by email then sent that slick132 letter.....

if you are confident you will get any postal mail quickly once sent to that address

then ok agred do nothing more.

thanks for letting us know you had easy access to the royal mail to whatever address earlier in the thread...

Send what I put in post #4 but leave out the bit about new address.

It should be address to Harlands and posted as stated above.

As DX says, if you have access to post at the old address, that's fine as you'll know what Harlands/CRS are up to.

Listen to slick and dx.

Send the letter and make sure they only communicate with you in writing only.

A CCJ won't happen.

Any judge will be able to see right through their ridiculous cancellation policies.

Why do you think they offer gesture's of good will when they ask you to pay the admin fees?

Its not because they care about you, its because it isn't even real debt.

If it were real debt they wouldn't accept anything less than what is owed.

Why would you sign up with a DD that was not working? Did you use the gym’s services without paying? If so, is the account clear with the gym?

p'haps they'd forgotten it was no dd account?

the op never attended as in post 1?

Hi Slick,

I already sent the email i wrote yesterday.

I found out that my account was not available for DD after i signed up to the gym.

According to post 3 did you or did you not use the gym after accepting the contract?

Also, did you pay anything at all to the gym;

in other words are you liable for your contact charges excluding any admin fees?