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Credit Resolution Services (again)

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Hi, I have been reading the other threads regarding CRS Credit resolution Services and the extortionate charges they charge.

 

My partner has been paying CRS £20 since Oct 2007 a total of £420

This was for a cancelled Gym membership from ROKO Health Club.

 

I have been reading the original letter from the gym which states that the remainder of the membership year is due a Total of £392 Plus charges to our Agency.

The first letter from CRS is for an outstanding balance of £586.20

(£194.20) has appeared from nowhere??

The second letter after a telephone call states "We are prepared to accept repayment by Direct Debit. A total charge of £97:50 has been added for this payment method, This includes a £10:00 settling up fee and £87:50 handling fee(£2:50 per instalment) your new balance is therfore £683:70

 

£683:70(amount CRS say is owing) - £392:00(Original amount of debt) = £291.70 in collection charges

 

I personally would have stopped paying this amount when i paid back the original £392, but my partner is nervous to do this in case they add more charges.

 

My question is should she stop paying this now and advise CRS the original debt is cleared, and are the extra charges legal and enforceable by a court, I personally dont think so but someone more in the know may know different????

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Hi, I have been reading the other threads regarding CRS Credit resolution Services and the extortionate charges they charge.

 

My partner has been paying CRS £20 since Oct 2007 a total of £420

This was for a cancelled Gym membership from ROKO Health Club.

 

I have been reading the original letter from the gym which states that the remainder of the membership year is due a Total of £392 Plus charges to our Agency. What agency?

The first letter from CRS is for an outstanding balance of £586.20

(£194.20) has appeared from nowhere?? Sounds like they have added some unlwaful charges send em a sar for a breakdown

The second letter after a telephone call states "We are prepared to accept repayment by Direct Debit. A total charge of £97:50 has been added for this payment method, This includes a £10:00 settling up fee and £87:50 handling fee(£2:50 per instalment) your new balance is therfore £683:70 They are taking the proverbial

 

£683:70(amount CRS say is owing) - £392:00(Original amount of debt) = £291.70 in collection charges

 

I personally would have stopped paying this amount when i paid back the original £392, but my partner is nervous to do this in case they add more charges. I would stop now they have NO right to add these charges

 

My question is should she stop paying this now and advise CRS the original debt is cleared, and are the extra charges legal and enforceable by a court, I personally dont think so but someone more in the know may know different????

 

STOP paying them cancel the DD and tell them you want a breakdown of all harges and that you will be looking to recoup these


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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STOP paying them cancel the DD and tell them you want a breakdown of all charges and that you will be looking to recoup these

 

Ok Thank You, is there anything I need to quote or just a basic letter saying I want a breakdown of all charges on the account.

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you need to send a sar cost £10 and they have 40 days to supply all documentation and statements etc, template can be found in the library


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Ah the infamous gym membership saga!

Funny enough I was with Roko, and left during my 12 month contract due to a house move, they tried to tell me to pass my contract to a friend or family member, or I would have to pay them £150 for breaking the contract:eek:

 

Sent them an imaginatively worded letter thanking them for their kind offer to pass it to a friend or family member, but as my friends all live in a democratic society, and family live more than 600 miles away no-one was willing to accept!

 

And that was pretty much the last I heard from them, so CRS pick up the gym debts eh:D

 

Subject Access Request

 

And make sure you claim 'All' of their charges back;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ah the infamous gym membership saga!

Funny enough I was with Roko, and left during my 12 month contract due to a house move, they tried to tell me to pass my contract to a friend or family member, or I would have to pay them £150 for breaking the contract:eek:

 

Sent them an imaginatively worded letter thanking them for their kind offer to pass it to a friend or family member, but as my friends all live in a democratic society, and family live more than 600 miles away no-one was willing to accept!

 

And that was pretty much the last I heard from them, so CRS pick up the gym debts eh:D

 

Subject Access Request

 

And make sure you claim 'All' of their charges back;)

 

Will send Subject Access Request Recorded delivery tomorrow,

I have told my partner to cancel DD to CRS, dont think there will be much in charges to claim back but original Debt should now be settled with what has been paid so far.

 

Roko were pretty fair to be honest, as my partner signed up to 12 month membership, but then moved too far awy from Gym and stopped paying them, but ROKO did state that they would charge for full 12 months.

 

But think CRS are being dam right cheeky asking for nearly £300:eek: in charges on top to settle debt :evil:

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Will send Subject Access Request Recorded delivery tomorrow,

I have told my partner to cancel DD to CRS, dont think there will be much in charges to claim back but original Debt should now be settled with what has been paid so far.

Roko were pretty fair to be honest, as my partner signed up to 12 month membership, but then moved too far awy from Gym and stopped paying them, but ROKO did state that they would charge for full 12 months.

But think CRS are being dam right cheeky asking for nearly £300:eek: in charges on top to settle debt :evil:

 

Granted, I was in pretty much the same situation, signed up for twelve months then movedtoo far away, so cancelled about 8 months into the contract, just haven't been chased by them?

 

If you look at the OFT debt collection Guidelines it states on their what is and isn't acceptable charges.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Granted, I was in pretty much the same situation, signed up for twelve months then movedtoo far away, so cancelled about 8 months into the contract, just haven't been chased by them?

 

If you look at the OFT debt collection Guidelines it states on their what is and isn't acceptable charges.

 

After Reading the guide lines, I can see that they haven't followed a lot of them, as highlighted below in RED:-

 

FROM OFT WEBSITE

"Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt."

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Report them to the OFT and Consumer Direct cos that is just excessive.


:cool::cool: Blondmusic :cool::cool:

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Report them to the OFT and Consumer Direct cos that is just excessive.

 

The Office of Fair Trading: Contact us

 

Consumer Direct

 

Consumer Direct - Your rights under a credit agreement

 

The top two links will take you to their complaints procedures, the consumer direct link, will when you complaint to them be automatically sent to your local Trading Standards, aswell as the companies local TS that you are complaining about, so it save you a little extra leg work:D

 

The last link is really just for information and for you to have a read and gain a bit more knowledge;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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To update on this, had a letter back from CRS which I have attached to this post, basically saying that the agreement is a membership agreement and doesnt fall under the CCA 1974.

They have returned the £10 P.O.

 

They have however included a fairly poor photocopy of the Membership Agreement and still state the balance owing is £248.70

 

Any ideas on where to go from here?

img002.jpg

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I thought you sent a Subject Access Request under the Data Protection act. Perhaps you just need to remind them of this...


The Grand essentials of happiness are: something to do, something to love, and something to hope for.

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I thought you sent a Subject Access Request under the Data Protection act. Perhaps you just need to remind them of this...

 

Yes that is correct and the only thing they have sent back is the letter above and a copy of the original gym membership form.

 

Where do I go from here?????

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I thought you sent a Subject Access Request under the Data Protection act. Perhaps you just need to remind them of this...

As the 40 days has passed then does this mean they have failed to comply with a Subeject Access Request & what action should I take now???

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Received another letter today from CRS saying unless we contact them by 7th Sept to settle or make payment they will start court action.

They also included a Draft of County Court Summons(Not stamped by court) a copy of which I have attached to this post.

 

The court summons did Break down the costs and charges, which are as follows

 

Membership amount £588.00

Admin Fees £40.00

Debt Rec Charges £144.20

Tracing Fee £30.00

Instalments Rec -£553.50

 

total owed £248.70

 

They returned the £10 PO from a SAR and failed to comply with it previous to this, saying it didnt come under the CCA 1974, even though the SAR was under the Data Protection Act.

 

What should be my next course of action with them???

img008.jpg

img009.jpg

img007.jpg

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After Reading the guide lines, I can see that they haven't followed a lot of them, as highlighted below in RED:-

 

FROM OFT WEBSITE

"Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

c. not giving an indication in credit agreements of the amount of any

charges payable on default

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt."

personally I would send them the above and tell them you will be suiing them in court..send em the court papers to show you mean business!...

well they did!

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these charges are not just excessive, YOU ARE BEING RIPPED OFF...sue them in the small claims for return of all the charges

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Received another letter today from CRS saying unless we contact them by 7th Sept to settle or make payment they will start court action.

They also included a Draft of County Court Summons(Not stamped by court) a copy of which I have attached to this post.

 

The court summons did Break down the costs and charges, which are as follows

 

Membership amount £588.00

Admin Fees £40.00

Debt Rec Charges £144.20

Tracing Fee £30.00

Instalments Rec -£553.50

 

total owed £248.70

 

They returned the £10 PO from a SAR and failed to comply with it previous to this, saying it didnt come under the CCA 1974, even though the SAR was under the Data Protection Act.

 

What should be my next course of action with them???

 

Hi,What's the latest on your case please?Thanks, Alex

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Hi,What's the latest on your case please?Thanks, Alex

 

I sent a letter back to them with a cheque for £20 as Full and final settlement, this would have covered everything owed to ROKO but no payments to CRS.

I stated in the letter that by cashing the cheque they were accepting the offer of Final Payment, the cheque was cashed 2 weeks later, and have not heard from them since.

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That's great news! Good for you! Thanks, Alex

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You MUST send their threatening letter to the OFT, it breaks a lot of guidelines and the use of a 'draft' court form is a disgrace, get the complaint into Trading Standards via Consumerdirect too.

 

They really are being very 'inventive' over the charges, they are NOT allowed to do collection charges, file referral fees, direct debit set up fee, direct debit charges etc etc etc.

 

Why not write back and ask them for a full breakdown of all monies paid and see what they have charged, state that this is the missing part of the SAR request.

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