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About BGA123

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  1. Hi Slick, I know you told me I could probably ignore Zinc from now on I just thought I'd provide you with a little update so you know the situation. Received an email from them today, apparently I have been assigned my own account manager! (I know, lucky me right?) The email goes as follows:- I am now your allocated Customer Account Manager and have been assigned your CRS on behalf of Xercise 4 Less account (Zinc Reference XXXXXX.) Please can I ask that you call me on 0141 237 1317, visit WeWantToSayYes.co.uk to update your account or email me by return to confirm receipt of this message, I am here to help you so please don't hesitate to ask if you need anything. Many thanks, Maria Crawford Do I just ignore this for now then? BGA
  2. Nice one, thanks. So now CRS have given up is that the worst of it over now?
  3. Hi Slick, It's been relatively quiet on all fronts for a while until today when I finally received an email from Zinc. Here is the content of the email: "Welcome to the Zinc Group, we have been instructed by our client to assist you with the resolution of your account. We would therefore like to invite you to review the options we have made available to you as a priority customer, these have been designed to make the process as simple as possible while ensuring that you have full control of your circumstances. At Zinc we understand that not all of our customers are the same, but we are committed to treating all of our customers fairly. You can visit our website WeWantToSayYes.co.uk or contact your personal account manager in order to:" What follows there is a list of options to pay and check balance, so on and so forth. Just wondering what my course of action should be at this point. Kind Regards, BGA
  4. Okay, I'll ignore them for now. I imagine they'll be sending some form of threats soon? Are Zinc and Major and Co also affiliated with Harlands group then? BGA
  5. Sorry for the typos, they were not contained in the letter haha. BGA
  6. Hi Slick, finally received a reply from CRS today. I'll type up the much shorter letter below: "Further to your recent letter, as previously stated, your offer of £9.99 is not acceptable to us. Our position remains as previously advised. If you are not willing to set up a payment plan with us, we have no alternative but to proceed with further action agains you. We will hold this for a further 7 days . If you advise us again that you do not intend to pay, we willy continue our collection procedure, but will not continue to enter into further correspondence as our decision has been made." And then after that its all just a bit of information on payment methods and then the following sentence to finish: "Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken." So what is my next step now? Any advice you can offer will be greatly appreciated. BGA
  7. Oops, I've sent it already. Ah well, at least I'll be able to see that they have actually received my letter with proof of signature. I'll keep that in mind for next time though
  8. Ok, I will send it off recorded delivery today and keep you updated on the outcome. Thank you very much for your help on this matter and as soon as this clears up I will definitely be making a donation to the site so that more people in similar situations can continue to be helped. BGA
  9. How about this as an alternative to paragraph 4? "If you are unwilling to accept my offer, do not bother writing to me as CRS, or asking a "legal" firm to make demands for you. If you wish, take court action so we can test whose beliefs are correct about the Ashbourne Management Services Limited case. If not, I reserve the right to ignore further demands from yourselves about this matter." It offers court action without being too abrasive? BGA
  10. Hi Slick, I don't deny that you definitely know your stuff on the matter of CRS and I do like to entertain the idea of calling their court bluff. Maybe for now I'll write the bit about ignoring their demands and if they reply threatening court I'll call their bluff then. As you say though, in my past experience of A level law, I was under the impression these precedents do apply to similar cases and not one single case as they're stating. Also, they seem to be claiming that their fees and penalties are legal as they're in the terms and conditions but this is also not true is it? BGA
  11. Thanks Slick. That's quite a hard line to take, I assume they will not actually want to take me to court? BGA
  12. Hey Slick, 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. "Dear .... 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." AAAAAAAAND BREATHE! 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. BGA
  13. Nice one, thanks. I'll keep that in mind haha BGA
  14. Hi Slick, Had two missed calls and a voicemail from CRS today. I didn't pick up because I didn't trust the look of the number that showed up, after a quick google it showed it was them. Is this just them upping the ante or should I answer next time? BGA
  15. Hi Slick, I have received a text this morning from CRS reminding me they sent me a letter one week ago and that I need to call them to discuss it. As you've said it is pointless calling them so shall I just wait for them to reply specifically to the letter I sent? Regards, BGA
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