CRS & Lifestyle Fitness in Preston

[paulina_c]

Hi everyone. My story is very complicated but well lets started from the very beginning.

 

I'm 20 years old student who needs help from you guys!

 

I moved to Preston to live with my partner and study here as well in September 2013 and

 

I joined poor Lifestyle gym at Preston in September-October I'm not sure.

 

But I've joined them, and have been there for a month

 

I've lost my job

 

i had to move out from my partner's house as we decided to split up.

 

I stop going to the gym as the gym was in very poor conditions,

nobody from the staff seemed to care about the clients at the gym, and

 

finally I simply couldn't afford £20PCM for next 12 months while I lived in Manchester (more than 20 miles away from the gym)

 

I cancelled my DD After I moved out from Preston. And

 

since then I stop paying anything to them.

 

Now I have found out there is a letter from Harlands at my ex-partner's home address

saying I had to pay fees and other charges for not paying DD.

 

for my bank, my home address is registered on my previous Manchester address which

 

I didn't change since then because I didn't get my bank statements.

 

2 letters have been sent to Preston in October 2013 from Harlands ltd and then

 

another 2 on 19th of Feb and 10th of March 2014 from CRS to my previous home address where I lived before I moved to Preston

( as I know CRS they got my previous home address from bank)

I did not know about any of these letters till now.

 

They say I have a debt of £375.86, since October or November (I'm not sure)

 

They don't specify what I'm actually paying for (no calculations, nothing).

 

On the last letter they are saying that if I don't contact them other the phone in next 10 working days

they may prosecute me to the court or something.

 

I'm only 20 years old, and English isn't my first language,

 

I can't properly explain their letters

 

therefore I've attached them.

 

I was also thinking about writing to them numerous of letters as I've been reading many people on this forum,

they don't seemed to care about them and still charging extra fees for nothing

 

I'm curious if it's gonna work,

because I'm not a very good English speller

and I don't know how should I write those letters.

 

I know I can cancel my membership

but if there going to be additional charges for moving away from Preston

and if it's going to help decrease the charges I can't afford !

 

I don't really want my parent's to know about it,

they have enough of their own financial problems and

 

I don't want to add additional pressure on them just because I can't deal with CRS.

 

My personal circumstances are very difficult as I live with my parents,

have no job

and attending to Preston's University till the end of May.

 

I have to relay on my parents right now if comes education and train & buses fares.

 

If anyone can help me deal with my problem. Any help and advice will be very helpful to me and I appreciate it!

 

Thanks Guys

 

P.S sorry for any spelling and grammar mistakes;)

Edited April 4, 2014 by paulina_c

[slick132]

Hi Paulina and welcome to CAG

 

It would have been better if you had informed the gym earlier about your change of circumstances and address, and about cancelling the DD mandate. However, life's not always like that and we'll help you sort this out as best we can.

 

First, do not speak to Harlands or CRS by phone at all. If they call you, tell them to put anything they want to say in writing, then hang up.

 

You need to give Harlands your present address so you can monitor and deal with their demands.

 

Their demands for £375+ should not be payable as long as you follow advice and deal with this properly. At worst, you should expect to pay them up to when you left the area, and another £20 for the Notice Period. But we'll narrow this down soon. Also, their Admin Fees that they try to add on - they are unenforceable penalties and we'll help you avoid paying these.

 

Can you tell us:-

 

1. When Harlands took the DD pay't each month.

 

2. When you moved away from the Preston area.

 

3. When you cancelled the DD mandate.

 

Then we'll help you with a letter to Harlands.

 

[paulina_c]

Thanks for your help !Really appreciate it !

 

Well on the 7th of October I paid the first payment which was 39.99

on 23rd of October I paid 19.99

They are roughly dates because I got them from bank statements.

A week after that I moved out from Preston but I cancelled my DD arround 16th of November

[slick132]

Hi Paulina,

 

I assume you don't have a copy of the gym m/ship agreement, which would show the joining and the DD dates.

 

Do you think the 19.99 was the first DD taken, and the 39.99 was for the first month and maybe a joining fee ? Or say what you think was the case.

 

[paulina_c]

No I don't have it unfortunately :/

But I think The first payment from DD was the 39.99 because usually lifestyle fitness apply 19.99 administration fee and monthly payment 19.99 and then the second DD is 19.99 each month.

[paulina_c]

I'll ask my ex partner to look properly through my papers stuff and find any evidence of Lifestyle Fitness letters or something.

[slick132]

Hi Pauline,

 

Check and let us know if you find any relevant papers.

 

If not, we'll draft you a letter based on what we have above.

 

[citizenB]

As they are quite clearly threatening that Legal Action could take place, should they not be advising the OP of their rights

 

 

Pre Action Protocol Practice Direction.

The PAP clearly sets down the content of letters of claim and extends further requirements where the party is a litigant in person (See Annex A of the PAP).

 

Whilst their letter draws the OPs attention to the fact that costs might/will apply, it fails to address the places where I should seek help to deal with my debts, clearly this is a prejudicial point and places the OP at a clear disadvantage.

 

The Law Society has guidelines on dealing with litigants in person, which makes it very clear a solicitor should not take unfair advantage of a litigant in person. It seems to me, that this is exactly what this company is doing . They have failed to draw attention to the OP's rights to further assistance while threatening him with legal action.

[slick132]

Good point CitB.

 

CRS aren't the brightest buttons in the box and we're used to how they work (inappropriately).

 

[paulina_c]

Well. I've not found anything about the gym....Maybe I should go to the gym and ask them about my membership, if they have got something in the system.

[slick132]

Hi Paulina,

 

No ! Don't approach the gym at this stage. They're unlikely to help you particularly and I think we have enough to draft a letter for you.

 

This can be sent to Harlands :-

 

Dear sir,

 

I refer to demands received from CRS and please note my address above for future use.

 

Shortly after I joined the gym in late September 2013, my circumstances changed significantly and I had to move unexpectedly. My new address is some 20 miles from the gym so I was unable to use it any more and that is why I cancelled the DD mandate in mid November before the November DD was due.

 

I am willing to pay you the £19.99 fee due for November for the 30 days notice that you are reasonably entitled to. However, I am not willing to pay any membership fees beyond November and I will pay no Admin Fees as these are not enforceable.

 

If you confirm in writing that you accept my offer to pay £19.99 in full settlement of all amounts due, I will pay this to you. If you demand more in membership fees, or demand any Admin Fees at all, I will pay you nothing. My offer is open for 14 days, after which it will be withdrawn.

 

Yours faithfully,

 

Send this to Harlands and let us know how they reply.

 

[paulina_c]

Thanks Guys! I don't know what I would do without you ! Many thanks ! ))

[paulina_c]

Hi Guys:)

As you told me, I've sent the letter to Harlands 2 weeks ago, they tried to call me several times but I ignored all the calls. But apart from calls, there was no replies from them at all!No letters nothing :] I'm not sure what can I do now.....Should I leave it and wait till they replays back, or send another letter to them till they write something logically.....

[slick132]

Hi Paulina,

 

Do nothing for now.

 

You offered to settle the matter by paying Harlands one month's fee and they've not even had the decency to acknowledge your letter, let alone write a reply.

 

The ball is in their court so wait for Harlands to respond.

 

Ignore all calls and ignore any demands from Harlands and/or CRS.

 

[paulina_c]

Hi Guys

 

This time I have replay as a form of email from company called "Zinc Group ltd" This is what they have said in this email:

 

Dear Miss Ciesielska,

 

I am now your allocated Customer Account Manager and have been assigned your CRS on behalf of Lifestyle Fitness account (Zinc Reference 2036309.)

 

Please can I ask that you call me on 0141 237 1316, visit WeWantToSayYes.co.uk to update your account or email me by return to confirm receipt of this message, I am here to help you so please don't hesitate to ask if you need anything.

 

Many thanks,

 

Maria Crawford

 

 

Seems like they have seen my letter and now they want to do something about it, but I still don't know if they will cancel all the unwanted fees for me or not.

 

So what do you think I should do now ? What should I replay to them ?

 

Many Thanks

[slick132]

Hi Paulina,

 

Reply by email to Zinc :-

 

Dear sir or madam,

 

I refer to your email of xxdate. I will not phone you and will only deal with this matter in writing.

 

I wrote to Harlands on 7th April setting out my position in this matter and they have not had the decency to reply in writing at all.

 

This matter is in clear dispute and I have no need or desire to deal with Zinc Group.

 

I suggest you refer the matter back to Harlands and, if you contact me again, I will make a formal complaint to Trading Standards.

 

Yours faithfully,

 

Let us know what reply you get.

 

[paulina_c]

Thanks