Gym Membership & CRS

[alien.46.uk]

Hi All,

 

I've gone through thousands of threads on here and many other sites and getting myself into a right mess.

 

I went to a gym initially for what I thought was a trial membership, but apparently I signed a 12 month contract @ £50 p/m. After so many months I noticed this coming out of my account so stopped it and unfortunately just ignored it.

 

I then received letters from Harlands saying I missed a payment, then another one, so they added a charge of £20, I then started contacting them stating what had gone on, they contacted the gym and they denied this stating I had knowingly signed for 12 months.

 

I then asked for the agreement which they duely sent, which does state 12 months minimum. Perhaps this should teach me to read but the manager was constantly talking and we had to sign these whilst walking around the gym, so didn't really have chance to read (my own stupidity I know).

 

Long story short, CRS have now taking this over and are requesting £525.50 for what was £350 that I owed the Gym.

 

I followed a guide on here and sent the following letter to CRS on the 11th September:

 

 

-------------------------------------------------

 

 

Credit Resolution Services

1st Floor

41-43 Perrymount Road

Haywards Heath

West Sussex

RH16 3BN

 

Saturday 11th September 2010

Dear Sir/Madam

 

Re: CRS Ref No: ######

 

With reference to the above account, I request that you send me a true copy of this credit agreement, relating to your last letter dated 10th August 2010, signed by Rob Knight and entitled “IMPORTANT: PLEASE READ VERY CAREFULLY”.

 

I understand that this is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a debt collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from Modershall Oaks Gym to Credit Resolution Services

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”.

 

Thanks in advance and I hope to hear from you within the statutory time limit.

 

I look forward to hearing from you.

 

Yours faithfully,

 

#.#####

 

 

-----------------------------------------------------

 

Since then I have received no response, and it was sent recorded and they have received it.

 

Today I have now received a letter dated the 13th October (not within 12 days!) supposedly after contacting my Dad over the phone, which he has never had. All he's ever had was someone asking for me and as I have been working over a fair bit recently I haven't been in, so he's said I'm not here, please ring back another time.

 

Attached to this letter from CRS was the agreement I signed with the Gym and all the letter from Harlands (some of which I never had).

 

I'm now confused as to where to go with this now.

 

I'm tempted to just pay but I dont feel like I should and would like to fight this a little further.

 

I also noticed on the agreement it stated I was having a joint membership, but I signed up on my own. A friend joined at the same time, but was under no belief we were signed up as "joint"?

 

Help would be greatly appreciated.

 

Many thanks for your time,

 

Luke.

[alien.46.uk]

Anyone?

[slick132]

Hi Alien and welcome to CAG.

 

Can you post up copies of the m/ship agreement and of the credit agreement, if they are 2 separate documents.

 

I assume you paid a total of 5 months = £250 but please confirm.

 

Hide your personal data first and use this guide for how to post up the doc'ts - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

8)

[danny880]

good luck with this

[alex188]

Hi alien.46.uk. Can you please confirm the latest regarding your situation? I sent a similar letter to CRS who disregarded all my points on the basis that this is a MEMBERSHIP AGREEMENT and not convered by the Credit Consumer Act. Thanks.

[slick132]

Hi Alex,

 

Feel free to start your own thread for this issue so you can discuss your case.

 

8-)