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elviekay

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  1. Hello again everyone - was hoping you'd seen the last of me but alas, you have not! This time its my partner who is being hounded by Harlands/CRS. I'll try to keep it brief with a timeline of events. June 2014 - Partner joined Xercise4Less during their initial period of drumming up business before the launch of the new local gym. This was a 12 month membership only, priced at £9.99 a month. 23/02/2015 - Partner receives a letter from Harlands informing him of a missed direct debit payment - this is still within the contract and is paid with no further issue. 21/09/2015 - Partner receives a letter from Harlands informing him of a missed SEPTEMBER direct debit payment due to the Direct Debit Instruction being cancelled by the bank. Usual £25 charge has been added on top. Letter is sent to an old address so we are late in responding. During the time between receiving the last letter and us responding to it, my partner spoke with a girl on the phone to check if he was still under contract with Xercise4Less . She told him that his initial membership had finished and asked if he'd like to renew, he declined. The girl then said she would put a note on his file (whatever that means :/). 22/10/2015 - We respond to Harlands with a letter stating we only wished to be contacted by writing on the matter. We included our new address, and explained the membership had been cancelled (by this point, it was on a rolling monthly contract by the looks of it until cancellation). My partner offered to pay the £9.99 they asked for in the previous letter (to make them go away really) but said he would not be paying admin charges. Harlands were given 14 days to respond. 06/11/2015 - A letter arrives at an old address once more, this time from CRS. CRS are now asking for £104.97, and say that my partner 'stopped making payments under the membership agreement'. CRS ask that my partner phones a Harlands helpline to resolve the issue. My partner does not call, and instead awaits a reasonable written response from Harlands regarding his offer. After this, contact ceases until CRS begin bombarding my partner with calls and text messages. They also send another letter to an old address once more (luckily the address is still in the family so we are able to retrieve post) demanding payment of £207, my partners offer to Harlands is still not acknowledged. February 2016 - The telephone harassment letter from these forums is sent to CRS. It is also stated in the letter to acknowledge our change of address. (Dates are hazy on these few communications due to having an incredibly messy/busy flat in the run up to the arrival of our first baby, things have been misplaced) 01/03/2016 - Partner receives a letter from CRS TO HIS OLD ADDRESS ONCE AGAIN basically calling everything on the telephone harassment letter a load of rubbish and calling us liars - apparently we didn't ask for only written contact, yet in the very first letter we sent we requested written contact only. Apparently, they say they can contact us however they like (try our actual address then, that might be a good start), and tell us in no uncertain terms to bring it on with regards to any action we may wish to take if we feel they are harassing us. (Obviously this is worded in a much more detailed way but I'm summarising here) They have said as a "goodwill gesture" they are willing to accept £132.47 as final settlement. We do not believe we owe this considering my partners membership was actually finished, and they were still taking money anyway. Any help on the next step to take would be much appreciated - bit stuck now! Many thanks.
  2. All paid up and done, I consider this a win! Thank you so so so much for your help, I will be donating to this forum as soon as I can to show how appreciative I am. Hopefully I won't have to open this thread again...!
  3. Just recieved this from CRS via email! Dear Miss ------ Re: CRS Ref No: 8317195 / Xercise 4 Less Ref No: W8825762 I have reviewed your recent correspondence and would like to try and bring this matter to a swift conclusion for you. Unfortunately, had you contacted Xercise4less and explained your circumstances before stopping your payments, the correct cancellation process could have been followed by yourself and prevented all future letters and action. You also then moved and it wasn't until we traced your new address, that your circumstances came to light. This demonstrates how important it is to follow the correct cancellation procedure before payments are stopped. We maintain that the debt and charges have all been justified and added in accordance with the terms of your contract. However, having considered your individual circumstances, we are prepared to make a final offer of £29.98 to close your account as a gesture of goodwill. If you are prepared to accept this offer, please contact us on 01444 449165 and make payment by a debit/credit card. In view of past events, we sincerely hope this offer will be accepted and conclude the matter for all concerned. Yours sincerely, Rob Avery Collections Manager Personally, I am happy with this as this is what I had offered in the first place even though they were slow on the up take. It's a smaller fee to make them go away for good so I can enjoy Christmas without this hanging over me. I am worried that once they get card details they will take more than the £29.98, but there again I have written proof saying that is the payment they will take in the form of that email. What do you think? (This was after sending them the telephone harassment letter so they must have realised i was just going to continue to be stubborn).
  4. Hi slick, sent that to them on Twitter and got this reply: "Hi Elvie as we said before we have unfortunately not received your letter therefore please can you summarise the content of the letter so we can provide you with a response" You have seen the back and forth from the Xercise4Less Twitter conversation and can see at no point did they say they did not recieve my letter. Also - I know they DID recieve my letter as I got a missed call and voicemail from someone named "cara" who wanted to speak to me with regards to my letter. The voicemail was saved, but only for 7 days - it is now gone, although I still have a record of them calling me on my missed call log on my phone. So - do I explain the entire situation over Twitter or do I tell them that I am aware that they have recieved my letter, due to the telephone call I recieved? Also, as they are now saying they didn't get my letter - when I know they did, am I to start complaints proceedings with relevant authorities or am I to wait? Many thanks.
  5. The letter to CRS is ready to go. Just recieved a small bit of scripted back and forth from the Xercise4Less Twitter account - Me: I'm currently being hounded by Harlands/CRS. I sent a letter to the Xercise4Less head office in Leeds, and I received a missed call, but only wish to have contact via writing. I want to ensure that xercise4less have my current address (as detailed in my letter) and that I am able to get a written response instead of a telephone call? X4L: Hello Elvie, we can look into this for you. Can you please confirm your full name, DOB, post code, and email please? Me: *gives info* X4L: Hi Elvie, your account is unfortunately in default which is why you have been receiving calls from us to receive support for this matter. The only way we can solve this quickly is through a phone call. Can you please contact us on 0113 203 8602 Me: I am not going to call as I have requested written correspondence only, which is my legal right. I have written to Xercise4Less head office and I have also written to Harlands. I am awaiting a response from Xercise4Less. X4L: The longer we wait Elvie the more charges you will incur onto your account from CRS which isn't what we want. Can you please explain what was said in your letter so we can get a more clearer picture to your situation. I'm starting to think the Xercise4Less Twitter is run by Harlands too! Any smart responses?
  6. Hi again, My partner is now going through the same issue with harlands for a much smaller amount of money. We sent them a letter similar to one I sent and hadn't had a reply until we went to his dad's last night and Lo and behold there on the stairs waiting was a letter from harlands. We had put our new address on the letters we had sent, so I am now wondering if any correspondence from X4Less/Harlands is going to my old address because they've clearly been ignorant, although CRS used my new address. CRS have text me again today saying its urgent they speak to me today - I am now tempted to send them the recommended letter above, I need them to leave me alone. I've given x4less a prod on Twitter today asking if I'm likely to get a written response so I can ensure they use my correct address. I'm keen to get these people off my back now.
  7. I haven't sent them the harassment letter yet. I think CRS are calling/texting because I've not responded to them as I'm waiting for an actual written response from X4Less. Its really piling on the stress
  8. Oh my goodness CRS keep ringing and texting me. I'm making a note of whenever they call and will keep screenshots as back up. I'm not going to pay them just to make them go away!
  9. Slick, I sent the letter to Head Office. If they call again shall I tell them "writing only"?
  10. Hi Slick, I sent the letter off the very next day and have today recieved a phone call from Xercise 4 Less, I didn't answer as I didn't recognise the number but my phone told me it was from Leeds, so I kind of knew it was going to be them. The woman left a message asking me to get back to her but I'm unsure about ringing back, I don't know if I should or not? I don't think I'd be likely to get a written response.
  11. Thank you very much! A rather strongly worded letter! I saw a segment about them on Watchdog the other week, are Xercise4Less being a bit kinder to their customers (term used lightly) for now?
  12. Hello me again! Finally heard from them, wrote to Harlands but got a response from CRS anyway? Here it is: Re: CRS Ref No: 8317195 / Xercise 4 Less Ref No: W8825762 Further to your letter and email of 22nd October we would like to remind you that on 25th April 2015 you entered into a legally binding agreement to pay a minimum of twelve Direct Debit payments of £14.99 of which you have paid only three. As such, even without the charges which you have advised you will not pay, your offer of £29.98 would not be sufficient to settle this matter. To be clear, the addition of these charges in such circumstances is stipulated in the terms of your agreement. It is our position that our charges are lawful and in line with all relevant guidance. Despite the above we are confident we can assist you and as such we wish to confirm that the terms of your agreement state: "This agreement can be cancelled upon appropriate proof of redundancy or other loss of livelihood." & "This agreement can be cancelled if you become pregnant upon the appropriate written proof being given." The terms also state, however, that: "ANY cancellation for the above reasons will not be effected until the appropriate proof is provided and received." As such, we recommend that you supply us with evidence of your change of circumstances as soon as possible in order to maximise the discount we can offer you. For termination on the grounds of redundancy or other loss of livelihood, we require either a letter from your former employer which is either signed or on headed paper (ideally both) confirming the termination of your employment (either from the time your employment ended or a new letter), a P45, or any document relating to a claim for job seeker's allowance. For termination on the grounds of pregnancy, we require a MatB1 certificate, a letter from a doctor or midwife or appointment letter or similar with midwife, ultrasound, anti-natal clinic etc. This evidence may be sent to us by posting it to Credit Resolution Services, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW, by emailing it to [email protected] or by faxing it to 01444 449 152. Please be aware that we are happy to accept scans and photocopies, we do not require original documents. We shall hold further recovery action for a period of 7 days to allow you time to provide such evidence. Yours sincerely, David Castle Collections Department I really don't know what to say to this, can anyone help please?? Thank you.
  13. Had a confirmation through from them now saying they have received the email but I think I will take your advice and follow up with a hard copy also. Thanks!
  14. I've emailed them at c.service @ harlandsgroup .co. uk with the letter as I don't have a printer and its a lot of hassle getting to one to use it. Is this the correct email address? I've seen that others have emailed them but had received one of those emails that just confirm its been sent to the company, I haven't received anything yet but I'll wait a bit longer and if i don't get anything I'll post a letter. Had a text message yesterday and a phone call today which i didn't answer. And guess what! My boyfriend got a message last night funnily enough telling him to ring them because his account is in arrears! Had to laugh.
  15. Yep, I had insufficient funds. Like I said I'm happy to pay those outstanding payments because I realise I was still in contract - but now they are asking for the 300 odd I just find it ridiculous. Also had a text from CRS yesterday telling me to call them - I won't.
  16. Hi Slick, sorry for being so confusing. There was a payment requested on the 27th July which just hasn't showed up on my statements, person from the bank was very helpful and has rectified the issue for me. The payment was 14.99 but was unpaid. On the 7th, the amount they requested was £39.99 not £34.99 - I am not sure why, as even if they were trying to take July + August + admin fee it would total £54.98 The 7th is the last requested date for money according to my bank. So the total I do genuinely owe them is 29.98 because they were unpaid - forgetting the fees. Plus a cancellation of a further 14.99? That all totals to £44.97 which I would much rather pay than the ludicrous sum they're suggesting. I need to lie down in a dark room!
  17. Just got off the phone to someone at the bank, got my dates mixed up (I'm useless) - I cancelled on August 30th. So the payment they tried to take in August was most probably my fault, shall I amend the letter to say I will pay £14.99 x2 for the amount missed and a months cancellation or shall I just offer £14.99 as I cancelled at the end of the month? I'm getting confused now haha.
  18. Thats fantastic, thank you. I can't see any reason why they did not take payment in July - there is nothing on any bank statement to say that an attempt at payment was made, and the bank would have charged me some stupid fee for a returned direct debit if they'd tried to take it but couldn't, thats what normally happens. I will ring my bank and just check once more with them to be sure and let you know!
  19. Hi Slick, the DD mandate was cancelled on August 7th of this year, thank you for your help, it is much appreciated!
  20. Thank you for your response, i hate bailiffs. I will remember to stay off the phone, and I won't be sending them anything until I know what I can write/say in a letter!
  21. Hi everybody, I'm new to this forum - spent a lot of time reading other threads on the issue of Xercise 4 Less/Harlands/CRS last night and now feel a bit more informed than I did previously! But I would like some help to see if I have a leg to stand on here before I go into battle! I moved to Scotland in April, and subsequently joined the local Xercise 4 Less gym on the 27th on a 12 month contract at 14.99 per month. When joining, I also paid a £20.00 joining fee - taking my first total payment to £34.99. I find it important to state now that I NEVER set foot in the gym after joining. (This was confirmed by a woman I spoke to on the telephone last Monday, 12th October '15 - more on this later) I fell pregnant and didn't really feel like going then. I continued to pay for the membership and unfortunately lost the pregnancy at just 4 weeks. The company I was working for at the time - in short - went bust, and I was found without a job. I then found out I had fallen pregnant again and after losing my first pregnancy I certainly did not want to go to the gym due to my fears if anything else! For these reasons, I cancelled the direct debit with my bank online after approximately 3 months and 11 days of membership. My partner and I then moved into a new flat in the same town. With my direct debit cancelled, I did not find it appropriate to notify the gym of my change of address, as far as I was concerned, I was no longer a member. I also find it important to state at this point that I have been a member of other gyms in the past and they took cancellation of my direct debit payments as cancellation of the service they were providing and did not contact me further - I believed this would be the case with this company also. How wrong I was! On Monday, 12th October I received a letter from a company called CRS - I have found many letters the same on these threads so will just paraphrase: They say they have been employed by Xercise 4 Less as my membership remains in arrears despite letters being sent - I had not received these letters, but the gym remained to have my telephone number/email in their records, and I heard nothing from them through either of these channels. They say they have added their fees (£111.57) to my debt, and the balance is now sitting at £321.48 They then say they want to reach an amicable resolution and give contact details telling me to phone them. Stupidly, I did exactly that. I asked the man I spoke to why on earth I had to pay so much money. He continuously repeated to me that my account was in arrears. I had told him I was not happy to pay the fees, and also explained my reasons for leaving the gym. He froze my account for 7 days and demanded I prove I was pregnant by sending forms/paperwork to him. If I sent these forms the amount would be reduced "significantly" due to my pregnancy. I also phoned the gym and asked them what was going on. The woman I spoke to had confirmed that I had never set foot in the gym (she could tell from her electronic records). I asked her why I had to pay so much for a service I had joined but never took advantage of. She told me I owed the gym £219.00 and to sort it out with the Xercise 4 Less customer service team, and gave me a telephone number. I never phoned this number. I have done the basic maths after checking my bank account - - The payments made to Harlands totalled £64.97 - this is evident in payments taken from 11th May (34.99), 26th May (14.99) and 25th June (£14.99) ---thats just raised a question in itself, why did they take my joining fee so late, and why did they charge me twice in one month...surely they've taken 2 months of payment in one month?-- - If I was still paying for the gym, I would have only now paid them a further sum of approx. £25.98, another 2 months worth of membership give or take a few days. - Upon checking my bank statement for August I see they attempted to take £39.99 from me, but I had no notification from the bank that any payments had bounced, and we can see above that they haven't - I made the payments. I wonder why they were trying to take so much from me? So WHY do I owe them £321.48/£219.00 - I'm very confused as to which it is, as when the CRS "fees" are added, the total amounts to £330.57 - so is someone playing silly beggars?! Now...some questions! - From what I have read on other threads, CRS and Harlands are the same company - does this mean they have not sold my "debt" on to someone else and have no right to be using a different letterhead as a scare tactic? - Does the court ruling of The OFT vs AMSL in 2011 apply to me, and can I use it to back up my claim that cancellation of my direct debit was notice enough? - As I never used the service, do I have any differing cancellation rights? - As the amount I'm being charged is absolutely out of this world, am I right in thinking that this is made up of silly fees/penalties and as such cannot be enforced? Remember, I've been told as I'm pregnant the amount can be reduced significantly. Why/how if they are not just pointless unlawful penalties? - I will no longer speak with any of the companies on the telephone, and will only have written correspondence. As there are a few lingering days at the beginning and end of the membership I am happy to offer them a month's payment (£14.99) as a good will gesture and final settlement of fees owed. Is this within my rights and would you say this was sensible to do? - Do I speak with Harlands on this matter? I do not want to speak with CRS (although I realise they are one and the same). Any help would be greatly appreciated! I must admit I was very upset when I first received the letter but now I am furious that they are trying to take money from me, especially at a time when this so called debt amounts to the price of my baby's pram, car seat and changing bag all in one! Thank you in advance, Elvie
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