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    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
    • I booked several rooms with FABHOTELS.COM - I have made sure the rooms were cancel able and due to the condition in India regarding Covid becoming very bad I cancelled the rooms and my visit to India and will not be travelling for the foreseeable future, I then checked my account and they have stated there can be no refund back to my card but I have to accept their room credits to the value of £478 valid for 12 months when they will then expire if I do not use them by that date, I have contacted them on several telephone numbers and via email, they have refused to issue a refund : stating it is their policy to issue only rooms credits and these will expire in 12 months, they have advised they have the right to do this under the contract and under Indian law, I have raised a SEC 75 claim, via the credit card company however they have not advised what the above means and stated it will take 11 weeks for a response, I am concerned that a refund has been provided and the cancellation has been approved as such as a refundable cancellation, albeit they have stated no refund to the credit card can be made. I have sent the following to them and their response has been - we are unable to assist further - I have now concern how they can do this when the law does not allow this to be possible? The issue that I have experienced was: Disgraceful behaviour by Fab hotels in holding cancelled bookings in an expiring account when cancelled fully - NO REFUND ISSUED? Please can you refund the full amount to my credit card as due to the Covid restrictions there is no guarantee I will be in India in next twenty four months I await your refund back to my with the Credit card Company as I am not able to use the Credits expiring in 12 Months, I have been in touch with the credit card Company and they have confirmed they will be looking to FabHotels to refund back to the Original card as part of the Sec 75 Laws where a cancellation has been made and the payment has to be refunded back to the Original payment card. I have not been able to confirm I will be using the credits and therefore in order to safeguard my funds these needs to be back into my, If this is not accepted then I reserve the right to take the matter further for a investigation and chargeback as I have not authorised the payment and the reservations have been cancelled. Please can this be escalated to a senior manager and a refund issued back to the Visa card. If this is the Customer experience I have to endure then I will make it quite clear that this i not acceptable that you take money and put it into a expiring account and then ask me to contact you to get the extension, this is not customer service, I am deeply distressed by your action as there are no other Booking agents who are doing this to their customers, especially considering the hotels have been accepted as cancelled and a refund issued but held in expiring account.
    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
    • First of all, apologies for the delay in responding. I went back to work in May completely forgot about this.   Secondly, they paid out.   As you can see in my post dated May 11th, I suggested whether it would be worth trying one more time with them. Well, I did. I mentioned in my claim that, once again, they should contact DHL who would confirm that the parcel was left on the doorstep in full view of anyone passing by. I finished it off by saying that I was happy to go to small claims court over this if I do not hear back from them.   About a week later I received an email stating the claim was successful and they asked for my bank details to transfer the money over to.    I'm surprised they didn't drag their heels over this but perhaps me seeing the picture of the supposed delivery and them knowing that I was doing my own 'investigation' into DHL made them nip this in the bud sooner rather than later.   And a reminder to anyone else reading this: contactless delivery does not mean that couriers can leave the parcel on your doorstep and leave. It means the courier leaves your parcel on your doorstep, waits for you to open the door and confirm receipt of the parcel, (the courier takes a picture, this seems to depend on the courier) and then and only then is delivery of the item concluded.
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      I was in Sainsbury’s today and did scan and shop.
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jd.loki

CRS Gym membership issues, any help?

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Hi all,

 

My partner received a letter from Credit Resolution Services today, and we could really do with some advice.

 

Bascially, we joined a gym nearly three years ago in London called the Bay Health Centre in London. When we moved out of the area six months later (landlord problems, different story...), we contacted the gym about the membership. They said it was fine to cancel if we provided proof that we were moving out of the area in order to cancel, which we duly did. Now we have a letter from CRS demanding £261 for the remaining six months membership plus a £35 charge from the agency, but apparently only for my partner. I checked with the credit agency and they don't seem to have an outstanding debt for me, so the apparently my membership was cancelled ok, but my partners wasn't, despite the fact it was the same letter sent for both of us.

 

The trouble is that this was ages ago; we don't still have the confirmation email etc because we assumed (obviously naiively) that this was all sorted. We tried contacting the health club to argue that it ridiculous that they had cancelled one and not the other from the same letter, but they have apparently shut down and must be dragging through the depths to get money back.

 

We did call CRS to see if they had details to contact the company, but they do not have the membership account details of the health club, and won't provide us with a way of contacting them. However, they said they would accept £95 to settle the debt (2 months membership plus a charge for tracing us). We complained that we were not contacted before it was passed to a debt agency either; apparently the gym "sent letters to our address", which was a wonderful idea as the reason we cancelled because we were moving!

 

What do we do? The big problem is that we can't prove that we cancelled it fairly now with anything we have, but it really rankles having to pay even the £95, especially as we have just both become postgrad students and moved house, so now is not a great time to have to pay out random money...

 

However, we would obviously rather pay the £95 than have to pay the full six months if we don't have proof of the cancellation. The question then becomes what documentation should we demand from the credit agency to prove that this debt is really theirs and cancelled once and for all and will never come back to haunt us again? We are both young, just starting out, and desperately don't want a bad credit rating as we have actually been very good with money.

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Hi JD and welcome to CAG.

 

You should read some of the other threads here to see what others do when faced with similar problems.

 

Was your m/ship directly with the gym or was there an intermediary administration company acting for the gym.

 

Can you post up a copy of the m/ship agreement relating to the debt they're pursuing. See here for how to do this and hide your personal details on the document - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Gyms don't pay much attention to legal detail so it may well be that there is no enforceable contract. Even if the contract if half decent, the DCA may back off if you stand up to them properly.

 

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