Received a reply from CRS today complete with bad punctuation and spelling. Just so you can get a full picture of what they're trying to say I will type up the full letter below.
CRS Ref No XXXXX
Xercise 4 Less Hull Ref No XXXXX
Further to your letter of 8th September 2014 we wish to advise that we cannot accept your statement regarding the facilities at Xercise 4 Less to be valid as Xercise have been voted by an independent body to be the best budget health club in the country for the past two years in a row.
With regards to Mr. Justice Kitchin's ruling, we believe you have misinterpreted his comments in regards to acceptable methods for terminating a membership agreement. This statement does not appear at all in Mr. Justice Kitchin's 240 point judgement outlining his thoughts on the case but instead only in his much briefer 32 point Penal Notice issued specifically to Ashbourne Management Services Limited, John Clayton-Wright and Dawne Clayton-Wright advising them of what action they should and should not take in light of the ruling. It is our understanding, therefore, that this only applied to Ashbourne Management Services Limited, John Clayton-Wright and Dawne Clayton-Wright, and has been ordered specifically because contracts 1-13 examined in that case (manufactured, recommended and supplied to Ashbourne Management Services Limited's clients by Ashbourne Management Services Limited) were found to be unfair and thus unenforceable. Any action which indicates a desire to end a membership entered into via one of these contracts should therefore be considered acceptable, as any attempt to hold a consumer to a contract deemed unfair by a judge is in itself unfair practice. Xercise 4 Less' contracts have not been supplied by Ashbourne Management Services Limited and have, to our knowledge, never been deemed unfair by a judge. There is, therefore, no reason to believe that terms which seek to limit when and how a member may terminate their agreement will not be enforceable in other instances.
To be clear, the addition of these charges in such circumstances is stipulated in the terms of your agreement. It is our position, based upon legal advice, that our charges are lawful and in line with all relevant guidance.
For the above reasons, we shall not be able to accept your offer of £9.99 as sufficient to settle your agreement, however, we can confirm that we shall be willing to negotiate on this balance and can make the following counter offers:
Initially, we shall be able to accept the sum of £170.75 as final settlement of the balance if paid in full within 30 days of this correspondence, which would still entitle you to use the facilities until 26th January 2015.
Secondly, we note that you have moved, and can confirm that it if your new address is more than fifteen miles from the club (the Hull branch, not just the nearest Xercise 4 Less) then you have the contractual right to terminate your membership by providing evidence of your current address (such as utility bill, bank statement, mortgage or tenancy agreement etc.
Thirdly, we shall be willing to accept payment of either the full balance (or a reduced balance after termination on the ground of relocation) in weekly, fortnightly, four weekly, monthly or quarterly instalments of any amount you can afford (subject to evidence of your income and expenditure if offering less than £10.00 per month), however, additional amounts may be added to your overall balance to cover our costs in working on the debt for a longer period of time. These depend on the method of payment and value of your instalments but typically would be as follows:
Payment by Direct Debit: £15.00 one off set up fee, £2.50 handling fee per instalment
Payment by any other method: £25.00 one off set up fee, £3.00 handling fee per instalment
Please note that we will never collect more than you agree to pay and that the set up and handling fees will be collected as part of that amount. Consequently, the higher the instalment amount, the lower the overall charges."
Sorry it is such a huge chunk of writing but it is a long letter. Basically, I'm wondering where I stand now as surely with me reply to correspondence at my address is proof enough that I live here and it is over 4 times the 15 mile distance away from the club they state which is part of the reason I cancelled in the first place! As for the offer to pay and use their facilities... I DON'T WANT TO! THAT'S WHY I CANCELLED!
It's like talking to a brick wall! Anyway, advice on what to do next would be greatly appreciated.