Lolu123 Problem with Gym Membership & CRS

[slick132]

OK, so this needs to be looked at on the basis that it was signed for on-line but away from the gym premises.

 

If no other input, I'll be back later.

 

[slick132]

Hi Lolu and sorry I've not been back on this earlier.

 

No other input so I will check back and draft a response for you to send within the next couple of days.

 

Have you had any more demands from CRS recently. If so, for how much.

 

[lolu123]

Hi Slick132, yes i got a letter from them giving me time to pay and they send me a draft letter of claim form as I understand court claim letter. I think the same as others mentioned before. The amount is still the same but it will increase £50 more if they will send the claim to court.

So now I have time till 5th of November to get back to them .

 

Thanks for your help Slick132!

[slick132]

Hi Lolu,

 

They have no right to demand a reply by any set date and, if you fail to reply they will not file a claim at court. Nor can they add £50 to what you owe.

 

Ignore their deadlines as they are meaningless.

 

It's interesting if they've sent you a draft letter which you think may be about them making a court claim. Because they are most unlikely to actually take any court action, this could be seen as clear intimidation.

 

I'd like to see a copy and please see my PM to you about this.

 

[slick132]

Thanks for sending me the copy documents.

 

I have drafted a reply as follows for you to send by Recorded Delivery:-

 

 

Dear sir or madam,

 

I refer firstly to your letter of 26th October which enclosed a copy of a Court Claim Form N1. I suggest that this has been sent with the sole purpose of intimidation. Accordingly your letter and the draft Form N1 will be referred to relevant regulatory bodies including the OFT and Trading Standards.

 

I refer now to your letter of 12 October, the contents of which are noted.

 

Despite the assertions which you make at considerable length, I maintain that I visited the gym itself in September 2010 and their staff told me very clearly that they accepted my injury was bad enough to stop me using the gym and they would allow me to cancel my membership forthwith.

 

They asked for no doctor’s letter or anything else, which I would have supplied if asked at that time.

 

I have yet to see a copy of any contract between myself and Flex Lifestyles, Harlands or CRS. Please forward this so I have a copy for my records. The gym staff said they were unable to produce this document for various reasons.

 

I will not argue the points you raise further. My letter of 8th September set out clearly why I will not be paying the amounts demanded by Harlands or CRS, either regarding membership fees or admin charges.

 

If you want to take court action in this matter, please do so and I will take the opportunity to defend my case vigorously. Mr Justice Kitchin’s ruling against Ashbourne Mgt Services Ltd set precedents which can be used by gym members generally with regard to cancellations and fairness of contracts. I will use this as part of my defence.

 

As a way forward, I am prepared to pay, Without Prejudice, one month’s membership fee as reasonable compensation for the early cancellation. If you are willing to accept this in Full and Final Settlement of any claim against me by Flex Lifestyles, Harlands and CRS, let me know and I will send payment. Please confirm to whom this should be paid.

 

Yours faithfully,

 

[lolu123]

Thank you Sclick132!

 

Lets see what they will say this time!

 

[lolu123]

Hello,

 

Got the answer to my last letter above! No good news just arguments once again . ...

 

Just will mention few things from long letter:

 

''We have previously advised you that no physical document exists that can be considered a contract, as the agreement was entered into online. We have already sent you a copy of the terms and conditions that related to this agreement, and if you required we can send you a copy of all of the personal data transmitted at the time of joining. We have not don't so previously as this seemed redundant, since at no point have disputed entering into this agreement. ''

 

''Finally we still fail to see any precedent set by the Ashbourne case that can be applied here. As previously stated, the majority of the rulings related specifically to the terms within Ashbourne Management Services Ltd's agreements. Your agreement does not contain the same terms, and therefore this ruling does not apply.''

 

Arggh... and more:

 

'' We confirm once again, that Flex Lifestyle have advised that they have no record of any request to cancel from you. Nor do harlands, who wrote to you repeatedly without any response. If you had canceled at the time, why did you not dispute the demands sent to you in November and December 2010 ?''

I would have but i got no letters till 2011. As usual they disappeared and appeared on the time when it was comfortable to them and blaming me for being irresponsible. More, The Gym been informed, they got the doctors letters ( originals). But again it is not that easy to prove.

 

No sure how to win this argument with them.

[slick132]

Letter to CRS:-

 

Dear sir or madam,

 

I refer to your letter of xxdate.

 

As you seem intent on pursuing this matter, I accept your offer to send me a copy of all of the personal data transmitted at the time of joining

 

When doing so, please indicate if any Terms and Conditions or other relevant information were sent to me, and on what date.

 

Yours faithfully,

 

[slick132]

I also think you should complain to Trading Standards and to the OFT enclosing copies of the "Court Claim" which they say they were preparing to issue.

 

[lolu123]

Thank you once again Slick132!

 

I will do so.

[lolu123]

Hello, Long time I have been here .. just quick update on this matter... I still getting the letters from them .. they failed to provide a copy of my contract made online... responding to my letters every 3 months now, and every letter is total ignorance to my questions.. .Anyway, last one is all about giving my details to debt collectors if I won't pay... I guest the court is out of their minds now I'm sending my last letter to them and because I moved to abroad I will not be getting treats from them any more longer, I hope. Good Luck to everyone fighting !

[slick132]

Hi Lolu,

 

Perhaps this is the solution for all CAGgers being hounded, harassed and pestered by CRS - MOVE ABROAD !!

 

However, for those who remain in the UK, that answer must be to ignore CRS but send copies of letters and demands to the OFT. They are looking into the behaviour of gyms, their admin companies and the DCA's who chase the debts for ever.

 

Enjoy your time abroad. Maybe send CRS a postcard saying, "Glad you're not here !!"