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Goingup00

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  1. Hi Slick Finally had my reply from Harlands but they want me to call them??? Dear Mrs Re: CRS Ref No: 8275081 / GymEtc Ref No: 3234 We refer to your recent e-mails. The club have confirmed that you made an initial payment by card when you took out the membership, therefore, we can offer you a new settlement. 1. We are able to accept a one off payment of £153.93, on the basis that the remainder of your membership would then be cancelled. 2. We are able to accept payment of £203.93, which would then allow you access for the remainder of your membership until 1 October 2015, if you wanted to continue using it. Please call us on 01444 449165 if either of these options are acceptable to you. Yours sincerely, Rob Avery Collections Manager Credit Resolution Services and CRS are trading styles of Harlands Services Ltd. Registered Office: : 2nd Floor, Rockwood House, 9 - 17 Perrymount Road, Haywards Heath RH16 3TW. Company Registration No. 2982925. VAT Registration No. 799 7113 70. IMPORTANT This e-mail is intended solely for the addressee, is strictly confidential and may also be legally privileged. If you are not the addressee please do not read, print, re-transmit, store or act in reliance on it or any attachments. Instead, please e-mail it back to the sender and then immediately permanently delete it. Although efforts will have been made to ensure that this e-mail and any attachment(s) are free from software viruses you should yourself ensure that they are in fact virus-free. Please note that Harlands Services Ltd does not accept any responsibility for any loss caused by software viruses.
  2. Ok thank you Slick132 I think they are trying to charge me for 8 payments but I paid my first one in the gym by card so I am paying for 7 only.
  3. Thanks Slick132 I will send them a letter, I received this email today though Dear Mrs xx Re: CRS Ref No: 8275081 / GymEtc Ref No: 3234 We refer to your recent e-mails and are keen to help you resolve this matter as quickly as possible. We note that you say a cheque has been sent to the club. Can you check if this has ever been banked? If it hasn't been banked, we can offer you the following options as a gesture of goodwill: 1. We are able to accept a one off payment of £175.92, on the basis that the remainder of your membership would then be cancelled. 2. We are able to accept payment of £225.92, which would then allow you access for the remainder of your membership until 1 October 2015, if you wanted to continue using it. Please call us on 01444 449165 if either of these options are acceptable to you. Yours sincerely, Rob Avery Collections Manager
  4. Thank you so much for getting back to me quick, I am more than happy to pay the amounts that I owe I have checked my Bank and I made a Debit Card Payment in August for the first payment and then a further 4 months payments of £21.99.
  5. Thanks for the quick response, I only have a copy of the letter the cheque has not been claimed and I haven't cancelled it in case they did have it, so no evidence really of the cheque. They have placed around £150 of charges now that I can see I will have to ask for another breakdown. I am not sure what step to take next
  6. Hello I hope you can help me, I joined the local Gymetc in August 2014, in January I decided I wanted to cancel my membership so I wrote to the gym and sent a cheque for the 6 remaining payments. I didn't hear anything back so presumed it was all ok, I then received a letter to say my Direct Debit hadn't been paid, I rang the gym and told them I had sent payment by cheque to cancel as my friend had done the same and they said it was fine. Fastforward to another month and I received another letter from CRS stating that I was now being fined for failure to pay to the tune of £307.25 to include arrears and a penalty clause. I emailed them to advise what I had done and said that I was only willing to pay what I owed 6 months payments and if I hadn't heard back within 14 days then I would presume the matter was resolved. It took 6 weeks for them to email me to say they had contacted the gym and that I was lying and I still owe £307.25 they claim I only made 4 payments but I paid my first month up front by debit card and then a further 4 so I owe 7 if I am correct? I then received another threatening letter so I sent the standard holding email asking for a copy of my contract as I have never seen or signed anything I paid over the phone when I joined. I then received the following email back today very lengthy and now I am really worried, I need to renew my mortgage soon and am concerned that I will struggle if they have registered defaults against me. I have been in tears tonight and finally decided to join your forum for help. Please can anyone help? The Thread is below Dear Mrs xx Re: CRS Ref No: Further to your email of 1st July 2015 we would point out that you have entered into a legally binding agreement with GymEtc to pay a minimum of twelve payments of £21.99 by Direct Debit of which you have paid only four. Your only dispute to date has been that you allege to have paid the remainder of your contract by cheque. We suspended action against you, investigated this one and only dispute and have furnished you with clear explanation as to why your claims are invalid. Please explain, therefore, why we should not continue to pursue you for this balance which we have every reason to believe is correct and due? If you are unsatisfied with our conduct then we recommend you take independent legal advice, however, you will be unable to make a complaint to the Office of Fair Trading because they have not existed for more than a year. They were succeeded by the Financial Conduct Authority on 1st April 2014, however, as of 1st June 2015, we are not regulated by the FCA either. With regards to your dispute of the additional fees which have been added you have implied that it is your opinion that the charges you have incurred are unreasonable, unenforceable and unlawful. We dispute this position. In the case of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1914), when considering deciding whether a charge applied at a rate specified at the outset of the agreement was a penalty, Lord Dunedin set out that: "It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. On the contrary, that is just the situation when it is probable that pre-estimated damage was the true bargain between the parties ( Clydebank Case, Lord Halsbury; Webster v. Bosanquet, Lord Mersey)." The above applies to the cost of £25.00 applied in line with clause 6 of the terms of this agreement, which you have agreed to be bound by, and states that "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 us on demand an administration fee of £25 (which we require to cover our costs of seeking to pursue such payment from you)." £25.00 is the amount deemed by Harlands' directors as representative of their average costs in dealing with the administration involved with a missed or returned payment. When they submit for a payment by Direct Debit which is then returned, they are charged by the bank. This amount does not amount to £25.00, however, and we concede that the cost of the paper, envelope and franking of the default letters does not make up the entirety of the rest of the sum, however, as a business they have to pay overheads for staff wages, whose employment would not otherwise be required if it were not for the missed or returned payments and furthermore pay overheads for office space and increased usage of utilities, equipment, furniture and stationery to accommodate these staff and the processes involved with the administration involved with missed or returned payments, costing hundreds of thousands of pounds every year. It is our position, therefore, that all of these costs are incurred as a direct result of a breach of contract by those who default on their agreements, which, in this instance, is you. The above precedent also applies to the to our own collection fees, which are applied at the outset of debt recovery action to cover all expected costs associated with that action. This is in line with clause 8 of your agreement, which states: "If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. 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." 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. We are unable to enclose a signed copy of your minimum term membership agreement, as this was entered into via an online sign up process called SNAP and as such, no signed physical document exists. We assure you, however, that despite this, it remains a legally binding agreement, and to our knowledge is fully enforceable. We have, however, sent in the post a copy of the terms and conditions of that agreement, as well as all of the information transmitted from the website at the time of joining, including the personal details you supplied (highlighted in green) and the product information supplied to you (highlighted in yellow). 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 against you. We will hold this for a further 7 days. If you advise us again that you do not intend to pay, we will continue our collection procedure, but will not continue to enter into further correspondence as our decision has been made. Payment can be made by Credit/Debit card by calling us on 01444 449165. Alternatively, cheque/postal orders should be made payable to Credit Resolution Services and sent to CRS, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW. A payment plan can also be set up if you are unable to settle in full, although we do charge a little extra for this. If you are experiencing financial difficulty, there are organisations who offer free debt advice and assistance such as Step Change (0800 1381111), National Debtline (0808 8084000) and your local Citizen Advice Bureau. Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken. Yours sincerely, David Castle Collections Department Credit Resolution Services and CRS are trading styles of Harlands Services Ltd. Registered Office: : 2nd Floor, Rockwood House, 9 - 17 Perrymount Road, Haywards Heath RH16 3TW. Company Registration No. 2982925. Consumer Credit License No. 526513. VAT Registration No. 799 7113 70. Authorised and Regulated by the Financial Conduct Authority for accounts formed under the Consumer Credit Act 1974 (amended 2006). IMPORTANT This e-mail is intended solely for the addressee, is strictly confidential and may also be legally privileged. If you are not the addressee please do not read, print, re-transmit, store or act in reliance on it or any attachments. Instead, please e-mail it back to the sender and then immediately permanently delete it. Although efforts will have been made to ensure that this e-mail and any attachment(s) are free from software viruses you should yourself ensure that they are in fact virus-free. Please note that Harlands Services Ltd does not accept any responsibility for any loss caused by software viruses. On 01/07/2015 20:30, Dear sir or madam, I refer to your email and numerous letters recently about my GymEtc Membership 3234. I have been unable to deal with this recently due to other pressing personal matters. The steady stream of correspondence from CRS has been an unwanted distraction at a time when it was least needed. If you continue with these lengthy intimidatory letters, I will make a formal complaint to the OFT without further warning. Please note I will not be paying any administration charges because, despite what you suggest, they are penalty charges. To enable me to properly consider your demands, please send me a copy of the membership agreement which I agreed to along with the related terms and conditions. Yours faithfully, xx On 20 May 2015, at 09:25, Credit Resolution Services wrote: Dear Mrs xx Re: CRS Ref No: 8275081 / GymEtc Ref No: 3234 Further to our previous correspondence, we apologise for the delay in our response. We have contacted Gym Etc regarding the cheque payment you allege to have made and have been advised that: "Thank you for your email. We do not accept cash or cheque for membership payments. This is untrue." Please advise us what has lead to you to believe that our fees are unlawful and unenforceable? 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 it must remain our position that the balance of £307.25 is correct and the arrears of £219.29 are due. Purely as a goodwill gesture we shall be willing to accept the reduced sum of £242.42 as final settlement of this debt if paid in full within 7 days of this correspondence. Payment can be made by Credit/Debit card by calling us on 01444 449165. Alternatively, cheque/postal orders should be made payable to Credit Resolution Services and sent to CRS, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW. A payment plan can also be set up if you are unable to settle in full, although we do charge a little extra for this. If you are experiencing financial difficulty, there are organisations who offer free debt advice and assistance such as Step Change (0800 1381111), National Debtline (0808 8084000) and your local Citizen Advice Bureau. Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken. Yours sincerely, David Castle Collections Department Credit Resolution Services and CRS are trading styles of Harlands Services Ltd. Regis
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