C.r.s. Debt collection - regarding gym fees

[mrk1]

I will try to outline this very simply.

 

I had a call from text message from CRS this morning 'Please call CRS imiediately... etc' ... I called them and asked who they where and what it was regarding.

 

It was an outstanding balance of £161 for a gym membership.

 

I remember full well the gym membership. I started my own business and after a hard few months could not pay the monthly fee of £10 (hard times). So I cancelled the monthly membership but obviously I was in a 12 month contract with the gym and also Harlands group (not sure if these are a DCA - I think they work on behalf of the gym?)

 

So harlands call to ask that I pay this rigth away and I think I made a few payments. I moved hosue and still runnign my own business have totally forgot about this.

 

And then this morning I get the txt. I called CRS rto ask what it wa all about and just for this forst call I played dumb and said I did not know about it and I will have to look into it. My friend knows a little about this and he mentioned somethign about as long as I don't enter a contract with them I am safe for the mean while.

 

Admittedly I do owe the gym fees as I entered a 12 month contract fair enough. But CRS have added about 100 onto this.

 

Can someone please advise me what I can do in this instance? I have called the gym and said 'look, ill pay the remainder of the gym fees but they even said that harlands have sold the debt onto CRS.

 

Can someone please clarify what I can do?? I can not afford £161 payment (and certainly am not being raped by these horrible companies when I am kind of struggling as it is.

 

I have been here before and know that they prey on fear, I allowed them to do this once and will not allow them to do it again, I am trying to build my life and myn business. Last thing I need is this.

 

Can someone please advise??? What my best action would be?

 

Thank you..

 

Mr K.

[mrk1]

Just an update..

 

Harlands are a finance comany acting on behalf of the gym.....

 

I owed the gym 95 and as i didnt pay they sold to CRS and they have added 65 charges on...

 

They are asking for £161...

 

I have been told that all I actually owe is £95 (I am willing to pay this)....

 

Can someone advise how I can go about just paying the £95 and not the CRS fees...

[slick132]

Hi Mrk,

 

You need to read other threads here to see how others are dealing with the gyms and their Admin Companies.

 

Harlands run the admin for the gym you used and they will pass the "debt" on to CRS to chase. But I doubt that CRS actually own the debt at this stage.

 

Avoid talking to either Harlands or the debt collection monkeys. If they call you, tell them you will discuss nothing by phone and they must put anything they have to say in writing. In this connection, I suggest you give them your new address so they can write to you.

 

The amount you owe will be limited to what you signed up for. So, if the gym m/ship was £10, you will owe £120 less whatever you've paid to date.

 

Neither Harlands nor CRS can add any admin fees as they have no right to enforce them at all. They may call them admin, late payment or tracing fees but, whatever they call them, they cannot enforce them.

 

Do some serious reading here and you'll find plenty to encourage you. You'll soon see that these fools are full of hot air and, no matter what they threaten, they are little more than annoying.

 

[mrk1]

Thank you for your reply.

 

I have had a read yeah, in other areas of the forum as well..

 

Just one or two questions.

 

I'm a little worried about giving my new address out. I know you say I have nothing to worry about but it would be one less thought off my mind if they didn't know where I lived. And I have read that the number one rule is only communicate through writing!

 

So if you say I only owe what I signed up for (which is now £95 after I spoke with someone at Harlands), how do I go about paying this. I have rang the gym and spoke with the person who deals with the money side of things and she has said she can not accept the £95 because if she did CRS would only come chase her. Is there any legal jargon I can use on the gym to say that she has to accept my offer (surly if these added fees by people (monsters) like CRS are none existent then she surly should take it? Or what about Harlands, should I try ring them (again only getting this through writing) and ask them to accept the payment?

 

You say that 'CRS don't own the debt at this stage', if they did own the debt could they then add fees, or can they not add fees at any stage?

 

Are there any legal jargon I can throw at them to say (either the gym or harlands) you must accept my offer of payment?

 

Thanks for your time.

 

Mr K.

[slick132]

Hi MrK,

 

I understand your reticence in giving your new address but see no reason to withhold it. They should not take any court action in this matter or do anything else that you should fear. In time, they will no doubt trace you anyway.

 

If they have your new address, at least then you can keep track of what they're up to. Also, it is an old trick of DCA's to use old the old address to file a court claim and get a judgement by default, because you fail to reply.

 

I would write to Harlands say:-

 

Dear sir or madam,

 

I refer to my membership at the xxxx gym, which I joined on xxdate.

 

Due to severe financial difficulties, I was unable to maintain the monthly payments and had to cancel my membership. I was in touch with Harlands after this and, in total, I have paid Harlands £25.

 

As I signed for a year, the amount I am obliged to pay is £120, less £25 paid already leaving a balance of £95. I am willing to pay this amount.

 

I am aware that various admin charges have been added to "my account" but must make you aware that such charges are not enforceable in law. Therefore I will not pay any such admin charges.

 

Please confirm in writing that you will accept my payment of £95 in full and final settlement of any debt owed in respect of this gym membership.

 

I will not deal with CRS as they are unaware of the unenforceable nature of the admin charges and insist that I pay such charges.

 

As this matter is in clear dispute, you are obliged to stop CRS making any contact ordemands until our dispute is resolved. If CRS contact me again, I will report Harlands and CRS to the FOS for clear breach of the OFT Debt Collection Guidelines.

 

Yours faithfully,

 

See how they respond.

[mrk1]

Thanks, I will send this today. I'll call Harlands and get the proper address.

 

Should this be recorded delivery???

[slick132]

Yes, either Rec'd Del'y or get a free Certificate of Posting at the counter when you take the letter to a PO to send.

 

[mrk1]

I have this sent today with proof of postage.....

 

I have basically said to Harlands to contact me on my mobile so we can finally settle this.

 

Can I just ask, are Harlands obliged to accept a payment plan or can they 'demand' all is paid in full???

 

Let's see what happens....

[slick132]

Hi MrK,

 

Offer to pay them in a manner that you can afford but try to pay it off as quickly as you can manage.

 

You could say to them :-

 

"I will pay it off in (say) 3 equal installments over 3 months. If you accept this offer, you will get your money.

 

If you try and claim admin fees, or demand the money more quickly than I can pay, you will get nothing."

 

........... or something similar.

 

[mrk1]

Do I get this in writing from Harlands before I make any payment???

[slick132]

Yes, pay them nothing until they agree to accept your payment on your terms.

 

You should really have their agreement in writing as they can always deny anything said in phone calls unless they are recorded by you.

 

So I still think you should, let them have your current address. They'll find it out in time anyway.

 

[mrk1]

Well they have not got back to me yet, on the letter I did state to please call me so we can make arrangements.

 

And then I would probably give them (Harlands) my new address etc. At the end of the day I know I am to pay this £95, it is in the contract, that is fair.

 

I am still a member of the gym (of which I need to go back).

 

Should I call them to see if they have received???

[slick132]

As they can't write to you, yes you could call them.

 

Let us know what they say.

 

[mrk1]

This has been an ongoing thing for some time and I was on here about 10 months ago discussing this very same case.

 

I was at a gym, and signed up for a 12 month contract. Hit financial trouble and the gym said I had to pay anyway. When I couldn't pay any of the monthly fees they got CRS involved.

 

I was advised on here that I shouldcontact the gym and arrange to pay the remaining £92. I did this and the gym front of house said I need to deal with CRS. I was told on here that they had to accept my payment. CRS added about £100 onto this for admin fees (it's laughable) and I was also told on here that this is technically not allowed.

 

I moved house anyway and I signed up to the gym again and took out another year (strange how they allowed this ) (my financial situ is better now). I received a letter in my new address saying basically:

 

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

'Our records show that a balance of £192 remains unpaid..

 

A COLLECTOR from EQUIDEBT will be instructed to arrange payment with you: (IN RED)

 

the cost of equidebt being employed will cost £79

This will bring your balance to £276.

 

You can avoid this if you call us in 10 days and pay your balance of £197.

 

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

 

I knwo how this industry works, haha! They TRY to control you on fear and fear alone. I am wised up to this and will not allow my life which is moving forward to be dragged down by these **** bags!

 

Can anyone advise..... are there any FORMS or any written documents which i can show the gym that they have to accept my payment of £92 (that i owe and am willing to pay).

 

Please advise guys...

[rebel11]

Hi mr

 

Thread moved to correct forum.

 

Have a read of number 7 in my signature. I have to say it's laughable that you join a gym for your well being, then these establishments want to 'throw you to the lions'.

 

Have you checked out their terms and conditions to see if they are fair, UTCCR.

[mrk1]

What forum is it in???

[rebel11]

Debt Collection.

 

What forum is it in???

[mrk1]

sorry guys not following you on this????

 

Where has it been moved to???

[pokinthruboxers]

I've just read it here in the subforum entitled Gyms and health Clubs.....hope that helps?

[citizenB]

sorry guys not following you on this????

 

Where has it been moved to???

 

mrk - because Equi debt are involved the thread has been moved to the Debt Collection forums.. if you scroll to the top of the screen you will see the path as..

 

Debt Collection Industry ...... CRS now 'Threatening' to 'sell' to Equi debt.