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hector-a-go-go
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Sorry folks, I haven't been around for while.

 

A letter sent to them as suggested requesting all terms & conditions has probably crossed in the post

 

Was it sent by recorded delivery?

 

Ashbourn Management are being taken to court by the OFT who claim that these agreements are credit agreements.

I suggest you send the request again 'demanding' a copy of the original agreement and telling them that any responce can be delayed until the outcome of the 'OFT v Ashbourne Management' case in the High Court at which time you will expect a 'signed' copy of the credit agreement.

 

 

Head your letter 'Without Prejudice'

 

I agree that the facimile of the claim form is a no no and sent to intimidate or frighten.

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  • 1 month later...

I suggest a further letter to CRS:-

 

Dear sir,

 

I refer to your letter of xx date and have little to add beyond what I said in my letter to you of xx date.

 

As you have decided to pursue the matter further, in breach of the OFT Debt Collection Guidelines, I will pass on your letter to Trading Standards to add to the complaint already made to them.

 

I have 3 points to make:-

 

1. I agree it is not relevant how often I used the gym facility and will not rely on this to dispute the monies you are demanding.

 

2. I did try to make arrangements to pay initially but now I have sought advice, and know better. You have provided nothing to show that I have any contractual obligation to pay you or the gym.

 

3. You have added a significant amount in addition to the membership fees and I assume these are "Administration Fees" referred to in s.7 of the T&C's. These are unlawful penalty charges which are not enforceable.

 

Yours faithfully,

 

Send TS a copy of the latest letter with a copy of your response. Ask TS to please update you on their findings.

 

8-)

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Hi Slick - further letters (2 on Flickr) arrived dated 1/12/10 to be answered by 11/12/10.(including another court claim form as a threat (front & back on Flickr).

I would love to be able to tell these people (Harlands t/a CRS) to do one. Is this a legal possibilty??

Any opinions gratefully received -thanx Hector

http://www.flickr.com/photos/38343528@N03/ (4 x added on Dec9th)

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Hi Hector,

 

Have you written to them as I suggested in my last post.

 

If so, I see no reason to contact them further.

 

8-)

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  • 1 month later...

quick update - CRS have replied using the same arguements every time - after no contact for 4 weeks have now received a letter stating face2face will home visit to collect the outstanding + extra £367 for admin & visit - my friend is getting concerned again but I feel if they had a case they would be issuing court papers by now (as previously said they have been threatened & "prepared" in advance) - it seems just a case of bullying - any advice please - thanx Hector

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Refer the additional demands to Consumer Direct, or TS if you are dealing with TS direct.

 

8)

Edited by slick132
typo

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Ignore, or drop them a line saying:-

 

You appear to be incapable of properly responding to my previous letters. I refer to my letter(s) of xxdate(s).

 

You should now recognise this matter to be in clear dispute.

 

Accordingly, you must not make any further demands or take any further collection action until the dispute is resolved. If you make any further demands or take any further action, this will be a clear breach of the OFT Debt Collections Guidelines and will be referred to the FOS without warning.

 

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