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Hi guys,

 

Like many guys I've read about here, I've been sent a letter from CRS.

 

I joined golds gym in october and first payment was from novermber 2009, 6 months contract.

 

I completed the concellation form and cancelled membership just before april, as they ask you to cancel membership one month advance, so April was the sixth month.

 

What I did wrong is I cancelled the direct debit just before april not paying the last month fee.

 

After that, I recieved I think one or two letter/s, I do remember something about £55 - 45 monthly fee + £10 charge.

 

Now, I got a letter from CRS same thing like other people here, saying £55 charge from golds gym and our outstanding collection fee of £85. Total of £140. Pay by 16th december.

 

I do not have the copy of contract I signed when I joined golds gym.

 

So what I have in mind is to go and talk to golds gym about this and see if they're happy if I pay them their £55.

 

As you might have seen before, golds gym have this in their T & C s:

 

''If you fail to pay any amount due under this agreement, for a period of more than thirty days, we reserve the right to pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including costs

in tracing you should you have changed your address without informing us.''

 

Now I'm not sure if this was the same in the contract I signed.

 

The second line where it says the costs incurred in... ... worries me a bit.

 

Do you think I should pay the charges because it does say the costs for this third party will be borne by you.

 

I'm confused because I'm a student 20 years old and I don't want the CRS charges to keep rising and then having to pay big money so I want to get it out of the way asap.

 

What do you guys think I should do?

 

Thanks in advance.

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HI Shah and welcome to CAG.

 

If I understand correctly, you were entitled to cancel at the end of the minimum contract period of 6 months.

 

Did you give the gym 30 days written notice of this cancellation.

 

You are probably responsible for the m/ship fee for the 6th month and should pay this. You are not, however, obliged to pay any penalty charge, admin fee or whatever they want to call it for paying late. Such charges are unlawful and not enforceable.

 

I suggest you write to the gym's head office by Recorded Delivery saying:-

 

Dear sir or madam,

 

Membership at Golds Gym, Address of Gym

 

I refer to letters received from CRS of xx dates.

 

I cancelled my membership to finish at the end of the 6 month initial contract period. I now realise that the final DD payment due for April was not made by my bank.

 

I therefore enclose a cheque for the final month's membership in the sum of £45.00 in full and final settlement of all amounts due to you.

 

Please notify CRS that I owe no further amounts in respect of the cancelled membership and ensure that they make no further demands of me. You should be aware that CRS have added late payment, admin or penalty charges to the amounts demanded. Such penalty charges are unlawful penalties and cannot be enforced. I will pay no such penalties.

 

If any further demands are made by Golds Gym or your DCA, I will refer the matter to the OFT and Trading Standards for investigation.

 

If any adverse data is placed on my Credit Reference files by you, by CRS or by anyone else instructed by you, I will take action, including court action for any damage caused to my reputation.

 

Unless I hear from you within 7 days, I will assume you are now satisfied by this final payment and the matter is closed.

 

Yours faithfully,

 

Adapt the letter as necessary to reflect your own case, or post any further questions you have before you write to them.

 

It is quite likely that the contract you signed is not legally binding or enforceable but proving this may be lengthy and time-consuming. So it may be best to just pay what you agreed to pay initially to bring a quicker end to the dispute.

 

Send a copy of the letter to CRS with a covering letter, by normal post, saying:-

 

Dear sir or madam,

 

Golds Gym - Your ref. no. xxxx xxxx

 

I enclose a copy of my letter sent today to Golds Gym which you will find self-explanatory.

 

You will see that this matter is in clear dispute. Accordingly, you must make no further demands of me in this matter pending resolution of the dispute.

 

Any further demands from you will be referred to Trading Standards and to the FOS for formal investigation for breach of the OFT's Guidelines on Debt Collection.

 

Yours faithfully,

 

Keep copies of all letters and let us know what response(s) you get. 8-)

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