Xcercise for less

[slick132]

You can add a paragraph to your letter saying:-

 

Please note that I will only deal with this matter in writing, so I have evidence of all exchanges if this is needed for court proceedings. Accordingly, I do not expect you to telephone me any more and please put anything you have to say in writing.

 

Also, as the matter is in clear dispute, any further phone calls received from you will be treated as harassment and will be reported to the authorities as necessary.

 

To be on the safe side, can you please find the missing info that I requested earlier, so you have it available if it's needed.

 

[Steve_T]

We've now worked out some key dates.

 

 

• I called the Gym on Oct 9th, decided to give it a try and set up a direct debit. The Gym was not yet open, they said first direct debit would go out a month after opening (SEE NOTE 1)
  
• The First Payment went out 28th November (SEE NOTE 2)
  
• My wife visited the Gym on December 5th (SEE NOTE 3)
  
• We cancelled the direct debit December 6th
  

NOTE 1

 

• This was on the phone, I did not visit the Gym or their website
  
• I believed I was setting up a payment simply to pay for membership
  
• No mention was made of 12 months minimum membership
  
• I received no terms and conditions and none were mentioned
  
• I signed nothing and no membership agreement was received
  

NOTE 2 - we were unaware the Gym had opened - no notification was received

 

NOTE 3

 

• my wife asked to be shown around the gym - response " we don't do that"
  
• my wife asked about an induction to the gym - response " we don't do that"
  
• my wife asked about an membership cards - response " we don't do that"
  
• my wife said, "I don't think this is for us, I'm cancelling our membership" - response - shrug of shoulders
  

we cancelled the direct debit the next day (Dec 6th) . She recalls now - it was her birthday.

Edited June 25, 2012 by Steve_T
typos

[slick132]

Thanks for the extra info. It may be useful if they persist.

 

If you've now sent the letter, let us know when they reply.

 

[Steve_T]

Just heard form CRS demanding £212.33 X 2 ( Me and my wife). They say they have not received any correspondence from the OFT but I find hard to understand the relevance of this. As I have said all along I signed nothing, received no copy of TOC's and none were mentioned to me.

[slick132]

Hi Steve,

 

Why would CRS receive anything from the OFT. Were they expecting to get a letter from the OFT saying CRS are acting correctly or not ?

 

That's not how the OFT operate but, if CRS don't know this, that is their problem.

 

Ignore the demands and ignore CRS. They're just hoping to strike lucky by being persistent but I don't think they have a leg to stand on.

 

[Steve_T]

I know the OFT thing is odd. They asked if I had a reply from the OFT and I said that I had and that the letter was addressed to me and the contents were mine to read.

[slick132]

I know the OFT thing is odd. They asked if I had a reply from the OFT and I said that I had and that the letter was addressed to me and the contents were mine to read.

 

I reckon they're hoping that :-

 

1. You were bluffing and didn't contact the OFT at all.

 

2. Because the OFT have not involved themselves in your PERSONAL case, Harlands/CRS want to read this as exonerating their actions and/or views.

 

Edited February 12, 2013 by slick132

[Steve_T]

I'm not bluffing - I did write to the OFT and I did get a response.

 

CRS also said in the letter I refer to now ,

 

"We enclose a copy of the forum posted on the internet, which I am sure you will find interesting, which we have placed on our file for future reference."

 

This refers to my post #5 in this thread concerning the email (that DID mention a 12 month agreement) this went to spam unnoticed, until later.

 

As far as I'm concerned, it changes nothing ! (including the fact that CRS have very poor writing skills)

 

Slick132 is already aware of this and agrees.

[slick132]

Hi Steve and thanks for updating further.

 

As regards their GREAT DISCOVERY, folk should remember that our forum is open for all to read and we should always bear that in mind when posting.

 

I'd reply to their letter briefly saying:-

 

I refer to your letter of xxdate.

 

I fail to see the significance of what you have read on my CAG thread. Feel free to keep the "interesting" post and use it however you wish. It changes nothing.

 

I also fail to understand why you think it relevant that you've not heard from the OFT. They don't involve themselves in personal cases but my complaint will be added to their, no doubt, growing pile of complaints about Harlands and CRS.

 

I have nothing further to add to what has already been said and I will pay nothing further to the gym, Harlands or CRS.

[Steve_T]

Reply

 

dear sir,

i refer to your letters of 11th feb 2013. Please be informed that i am responding both to the letter sent to me and the one sent to my wife.

 

i fail to see the significance of what you have read on an internet forum thread. Feel free to keep the "interesting" post and use it however you wish. It changes nothing.

 

I also fail to understand why you think it relevant that you've not heard from the oft. They don't involve themselves in personal cases but my complaint will be added to their, no doubt, growing pile of complaints about harlands and crs. I have their response to my complaint on file for future reference

 

i have nothing further to add to what has already been said and i will pay nothing further to the gym, harlands or crs.

[Steve_T]

I'm wondering if it is time to make a second complaint to the OFT. Despite being encourage to prove the validity of their case in court CRS are still sending me letters. Also the gym at the same time have been sending me text messages saying they are handing over my case to a "doorstep agency". This is harassment is it not?

[slick132]

Hi Steve,

 

If you feel they are continuing to harass by their manner and/or frequency of contact, send the OFT a brief list of the further contacts by phone and letter that CRS has made.

 

[Steve_T]

OK how does this look below: I'll send CRS a copy but I hardly need to since they are following this thread

 

16/02/13

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

 

Dear Sir,

 

I refer to my letter to you of 23/04/2012 and your reply of 4/52012 (ref epic/enf/l/126002)

The correspondence refers to Credit Resolution Services (CRS) of 1st Floor, 41-43 Perrymount Rd, Haywards Heath, West Sussex, RH16 3BN and Harlands who operate from the same address and are likely to be the same company.

 

CRS are harassing me for money I do not owe and making threats of action despite my pointing out that there is no legal or contractual basis for their claim and that some “charges” applied by Harlands are unlawful penalties. I have asked them to desist since I dispute their claim and have suggested that if they believe they have a valid claim against me, they are free to take court action.

 

They continue to harass and threaten me by letter and their most recent letter asserts that since they have had no contact from OFT their claim is valid and enforceable. Also I have been receiving text messages from the Gym demanding money at a rate of one or two per month. These texts state

 

Your account is in default and will be passed to a third party door step debt collection team if not cleared today.

 

Attached is a screenshot of some examples. This language is clearly designed to intimidate.

 

 

seem to be unable to attach the screenshot - it can be viewed here http://screencast.com/t/ukNJv8ZAvo

Edited February 16, 2013 by Steve_T
adding screenshot

[slick132]

Hi Steve,

 

How does the letter finish, or was that it?

 

You could add, I know that you cannot intervene directly in my case but I think it's important that you see how these companies operate.

 

[Steve_T]

it just finishes there but I can add that line. It is after all about brow beating and harassment.

[Steve_T]

sending this letter today with your suggested addition. One other thing occurred to me. Following what was, as far as I'm concerned, the first letter I received from CRS they sent me copies of six letters they claimed to have sent me prior to that. (3 to me and 3 to my wife) I had not received any of these. It seems highly improbable that I would fail to receive a total of six letters and yet have received every CRS communication since. I believe they are lying about the previous 6 letters. Either they concocted them retrospectively or else some office junior failed to send them. Whatever, I never received them. I made an inquiry at the sorting office but was told to come back and speak to the manager. I never go around to that - my life is busy enough without pests like CRS. However, I think that perhaps for completeness of my defence I should send a formal enquiry to the post office with full details of these six missing letters. Naturally I will send a copy of this communication to CRS. Do you think I should do this?

[slick132]

Hi Steve,

 

I don't see the point in arguing the toss with the likes of CRS.

 

Wasn't this mentioned earlier in the thread - CRS saying they'd sent out loads of letters to you AND YW and charged you for them.

 

However, you can briefly say to the OFT that you believe CRS have lied about issuing many demand letters which they've had to charge for but which you never received.

 

[Steve_T]

My desire to get some information from the post office was more about preparation for arguing my case in court

[Steve_T]

I have today had a further two letters (Me and My Wife) from CRS. I will copy the contents below. The letter seems out of context of the timeline of communications. I'm wondering if this requires a response,

 

C R S I Credit Resolution Services . 3

19 February 2013

Dear Mrs Thompson

IMPORTANT - PLEASE CALL US TODAY ON 01444 449165

Xercise 4 Less Stockton Ref. No: W1458937

Following our initial letter, we are disappointed that your account with Xercise 4 Less Stockton is still in arrears and our fee has not been paid.

We would still like to reach an amicable resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are:

1. LEGAL ACTION

We believe you are in breach of a legally binding contract with Xercise 4 Less Stockton because you have not paid your membership and our fees. We may pursue a claim under this contract through the Courts. Lf we do so the following process would apply:

1. We will write a formal letter explaining what we are demanding and give you a final opportunity to pay/reply;

2. If this failed to settle the matter we would issue proceedings against you in the County Court;

3. You could then either:

a. make payment, ending the legal process, or

b. dispute some, or all, of the amount was owed.

4. lf you dispute the amount was owed the Court process would continue, at the end of which the Court would make a decision on our claim.

5. A strict Court imposed timescale will apply in relation to the Court process.

Were we to be successful in our claim, or if you ignore the claim, a County Court Judgment (CCJ) may be registered against you requiring you to make payment. You may also be liable for our costs of pursuing legal action and interest on the amount owed.

If you then fail to pay the amount covered by the CCJ we would take the next steps required to enforce the judgment. To do this we would have to make an application to Court.

2. OUTSOURCE TO EXTERNAL AGENTS

Your account would be passed to another Collection Agency who will take further action to recover the monies owed.

YOU CAN AVOID THIS HAPPENING lF WITHIN THE NEXT 10 DAYS YOU CONTACT US ON

01444 449165 TO ARRANGE PAYMENT WITH US.

Yours sincerely

For Credit Resolution Services ~19

Lynn Thyer / Legal Officer

lst Floor, 41-43 Perrymount Road, Haywards Heath, West Sussex, R1-116 EBN

Tel No: 01444 449 165 Facsimile: 01444 449152 Email: cg]Icctioitsfmcreditresolution.co.nk

Credit Resolution Services is a trading title of Harlands Services Ltd

Rerzistered Office: lst Floor, 4l~43 Perrymount Road, Haywards Heath, West Sussex, RH16 3BN Registration N0. 2982925 Licensed under tlie Consumer Credit Act 1974 No. 526513

.

[slick132]

Hi Steve,

 

In response to post #68, I doubt the Post Office can produce anything that will be useful in a court case. If you tell the judge you and YW have not rec'd letters which Harlands say they sent, the judge will decide whether you appear to be credible. However, I think the subject of the letters is not so important or pivotal to your case.

 

As regards Ms Thyer's letter, I suggest you ignore it.

 

If they take court action, we'll assist in defending and this should bring a swift end to their endless demands.

 

[Steve_T]

I have had the following response from OFT

 

Our ref Epic/Enq/L/126002 Fax (020) 721 1 887

Date 26 February 2013

Email [email protected]

Dear Mr Thompson

Consumer Credit Act 1974 (the Act)

Complaint Against: Harlands Services Ltd trading as Credit Resolution Services and C R SLicense No: 526513

Thank you for your letter and supporting documentation received on 22 February 2013, further to your earlier letter, updating us about the problems you are still having with the above mentioned trader. Based on the information you have provided, l have checked the OFT's Consumer Credit Register (CCR) and can confirm that Harlands Services Ltd holds a consumer credit licence number 0526513, with trading names Credit Resolution Services and C.R S. You can check the CCR yourself, which is available via the OFT website:

http://www.oft.gov.uk/consumercreditregister

We will take into account the further ‘information’ you have helpfully given us as we continue to monitor this trader's fitness to hold a credit licence.

Thank you once again for taking the time to write to us about this matter.

Yours sincerely

P Solis

Enquiries and Reporting Centre

Office of Fair Trading

[slick132]

Good, so your complaint will be added to the growing pile the OFT have concerning Harlands' and CRS's practices.

 

[Steve_T]

it does rather sound like they are under current scrutiny

[Steve_T]

Yesterday I received a text from Xcercise for less

Your account is in default and has been handed over to a doorstep debt collection agency. Call 01642915151 now to clear the account to avoid a home visit.

 

We're both pensioners so the tone of this could be considered intimidating. I think it is certainly designed to intimidate. CRS told me they intended to take legal action over a year ago which I have repeatedly invited them to do and they have not informed me that they do not intend to go ahead with this. Therefore this threat of action by the gym is a duplication of threat. I wonder if it is illegal? - I certainly intend to make a further complaint to the OFT.

[locutus]

Send them this letter http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT and print another one out to hand any Muppet that they send to your home.