Harlands/CRS **WITHDRAW COURT CLAIM**

[Federalez]

Hi,

 

I'm facing some challenges with Harlands too, I suspect my situation is weighed less in my favour though.

 

I recently (March 2014) joined and have not used the facilities at all.

On the back of this I wrote to Harlands at the end of May (why I persisted with the membership in that time, I've no idea) indicating an intention to cancel

- I checked this was my right with the Direct Debit agreement (see below)

- and subesquently cancelled the DD in June.

 

This coincided with a house move toward the end of June 2014.

I received no correspondence afterwards, and assumed rightly or wrongly, that this would be fine.

 

I've now been passed, by the current occupiers of my old home, a letter stating that CRS services have been invoked after a failure to contact me and that with oustanding fees, administration fees and CRS charges the balance lies at nearly £300....

 

The only T&C's I have relating to duration and cancelletion state...

 

"You are committing to a single £16.99 Joining Fee payment and a further £16.99 per month for a minimum of 12 months."

 

and

 

"Your Direct Debit payments are protected with a moneyback guarantee and you will receive 3 working days advance notice of any changes. You have the right to cancel your Direct Debit Instruction at any time simply by writing to your Bank or Building Society, with a copy to us."

 

I presume now, in hindsight, that the 12 month contract is binding and enforcable - but what about the administration fees and the engagement of CRS?

 

Your help would be greatly appreciated.

 

Apparently naiive and a bit dim.

[maroondevo52]

Hello and Welcome Federalez,

 

I have started a new thread for you, hopefully slick will be along shortly to advise.

 

Regards,

 

Scott.

[renegadeimp]

How ar away did you move? Are you now a considerable distance away from the gym?

[Federalez]

Thanks for the swift reply Renegadeimp,

 

The distance wouldn't be considered a lot more - maybe 10 miles more?

[renegadeimp]

You might be able to cancel without penalty simply due to the distance. Sit tight and slick will be around asap. Suffice to say, if they try to charge ANY penalty charge or admin charge, you do NOT have to pay it,

[slick132]

Hi Fed,

 

Firstly, you will need to inform CRS of your new address, so you can keep an eye on what they're doing. But we can deal with this in due course.

 

Can you tell us the respective distances from the gym to your old address, and to your new address.

 

We maintain that Harlands/CRS Admin Fees are neither lawful, nor enforceable as they are fixed penalty charges.

 

Tell us about the distances so we can consider your next best move.

 

[Federalez]

Hi Slick,

 

Thanks for the reply.

 

My original address was 15 miles from the gym, I now live 18.5 miles away - which surprised me somewhat - but now I travel across town to get there and the travel time has almost doubled. I don't suppose this is a consideration?

 

Cheers

Edited August 21, 2014 by Federalez

[slick132]

Hi Fed,

 

If you lived 15 miles from the gym and now live 18.5 miles away, I would say that is a good reason to cancel the m/ship.

 

Write to the Harlands saying :-

 

Please note my new address is :-

 

xxxxxxxxxx

xxxxxxxxx

xxxxxx

 

As I moved to an address that's nearly 20 miles from the gym, it was no longer possible for me to remain a member.

 

I wrote to you in May telling you I was cancelling but you (acting as CRS) are demanding huge amounts of money from me, including unlawful penalty fees, which will not be paid.

 

I should have given you a month's notice before cancelling the DD mandate and am now willing to pay you a final £16.99 for the month of June.

 

When you confirm to me in writing that you'll accept this sum in settlement of all that I owe, I will pay you quickly.

 

If you insist on demanding more from me, I will pay nothing and ignore further communications from you.

 

Let us know how they reply.

 

[Federalez]

Hi,

 

As instructed, I mailed Harlands on the 22nd Aug and received an automated response saying that they would get back to me. Which they haven't. I also mailed CRS with the change of address on the 26th Aug.

 

I have just received a reply from CRS requesting a call.

 

"Further to your recent e-mail regarding your account balance.

 

Please contact CRS directly on 01444 449165 to discuss your account within the next 10 days. A suitable resolution can be organised."

 

Should I continue to pursue Harlands or discuss with CRS?

 

Your help is very much appreciated.

 

Cheers

[renegadeimp]

Dont respond. Stand your ground.

[slick132]

Hi Fed,

 

There's absolutely no need to contact CRS as they suggest. As with all DCA's, stay OFF the phone as you'll hear nothing of help to you.

 

Unless and until Harlands reply fully to your letter, you don't need to do anything more.

 

For anyone who doesn't already know, CRS are really just Harlands, working from the same office but pretending to be a DCA.

 

[Federalez]

Hi,

 

I'm not sure if this is peculiar or not, but despite acknowledging receipt of my email informing of the address change, and indeed responding, CRS have continued to send mail to my previous address (dated 24th September). My delayed response is down to the time taken receiving this correspondence.

 

This letter identifies two potential courses of action they may take. Firstly the pursuit of legal action, eventually threatening the registration of a CCJ including liability for court costs.

 

The other is to outsource this collection to an external agent. Now I originally presumed that CRS were an external agent, this appears based on what you've suggested earlier to be only partially true.

 

I notified these guys of the intention to cancel and have indicated an intention to settle by covering the month that they may not have had in notice. Should I be concerned by these threats?

 

Your help is always greatly appreciated.

 

Cheers

[renegadeimp]

CRS are just low life DCA's. They cant do anything and will pressure you as hard as they can to get you to cave into their demands. The second they do something wrong, report them.

[slick132]

Hi Fed,

 

As I said before, CRS are simply Harlands pretending to be a separate Debt Collection Agency. Ignore CRS completely for now.

 

You have written to Harlands making a reasonable offer which they have chosen to ignore. Until Harlands reply to your letter in post #8 above, you do not need to do anything further.

 

[Federalez]

Hi both,

 

Thanks very much, I'll wait to hear from Harlands.

 

Cheers

[Federalez]

Hi,

 

The latest in this long running saga is that they're now threatening to pass the debt collection on to Zinc Group Ltd.

 

I'm still awaiting a response from Harlands.. Should I continue to do that?

 

Cheers

[slick132]

Hi Fed,

 

Who is threatening to use Zinc. If it's CRS, you can ignore completely.

 

If Zinc get in touch, we'll see them off quickly. Next threat may be Major & Co Solicitors and we'll help you see them off just as quickly.

 

Unless and until Harlands have the decency to reply properly to your letter in August, you can continue to ignore CRS.

 

They'll get bored and move on to weaker prey, hopefully sooner rather than later.

 

[Federalez]

Hi Slick..

 

Yes, it's CRS who've written to say the debt will be handed over.

 

Cheers

[slick132]

Hi Slick..

 

Yes, it's CRS who've written to say the debt will be handed over.

 

Cheers

 

In that case, continue to ignore but let us know of further contact ............

 

[Federalez]

Hi Slick

 

As alluded to in the previous correspondence I've now received an email from the Zinc Group, "welcoming me to the group as a priority customer" Really?

 

I still can't quite believe Harlands have not responded.

 

What do you think the next steps are?

 

Cheers

[slick132]

Hi Fed

 

See here for a letter to send to Zinc - http://www.consumeractiongroup.co.uk/forum/showthread.php?424491-Harlands-and-Xercise-4-Less&p=4648233&viewfull=1#post4648233

 

Alter it a bit so it's not a direct copy,

 

Keep us informed.

 

[Federalez]

Hi Slick,

 

It appears there may be progress beyond the continual threats of additional collection agencies and litigation.

 

I received a letter from CRS yesterday confirming that Zinc had handed the case back to them, and that due to timing of the case handover from Harlands and my communication to Harlands

- this was the reason for the apparent ignorance of my letter and continued harassment.

 

They suggest that they'll review the case of my relocation, based on my proving that my address is more than 15 miles from the Gym.

 

Presumably an image of a utility bill / statement will suffice?

 

Thank you for all of your help with this.

 

Cheers

[slick132]

Hi Fed,

 

Did you send a letter to Zinc?

 

Send Harlands (not CRS) a copy of a utility bill showing your new address. I'd say :-

 

Dear sir or madam,

 

I refer to the letter from CRS of xxdate.

 

I enclose a copy of a bill from xxxxxxxxx which confirms my new address.

 

1. You failed to respond in a reasonable time to my email of 22nd August offering to pay £16.99.

 

2. Harlands/CRS have continued to demand payment whilst the matter was in clear dispute which is a clear breach of The OFT Debt Collection Guidelines.

 

3. You referred the matter to a 3rd party DCA (Zinc) which is a further breach of The OFT DCG's.

 

4. Harlands/CRS continued to write letters to my old address, despite having my new one. Your letters, suggesting that I owed large amounts, could have been seen by the new occupants of the old address causing me embarrassment and damage to my reputation.

 

5. You failed to act in accordance with the strict requirements of the Data Protection Act, which can be reported to The Information Commissioners Office.

 

For the reasons stated above, I will pay you nothing more and I require, simply, your written confirmation that you consider the matter closed.

 

Any other response may result in my taking appropriate action against Harlands including court action, and formal complaints to Trading Standards and The ICO.

 

Yours faithfully,

 

[Federalez]

Sorry - I missed that update.

 

I did send a response (similar to the one you linked me to) to Zinc. I heard nothing more from them, just a letter from CRS confirming the case had been returned to them.

 

The more I look, the more vile I find the behaviour of this company.

 

Thanks Slick - I shall continue to keep you posted.

 

Cheers

[Federalez]

Hi,

 

Well it seems things move very oddly in these circles. I received a letter from CRS, as stated, on the 18th November (I recall) asking me to provide evidence of a change of address.

 

I sent a mail to Harlands in the first week of December (a little late, I guess), similar to the suggestion by Slick including a redacted credit card statement with proof of addess. I received no response to this.

 

At least until today!!

When I receive a letter from Spratt Endicott Solicitors stating they have been instructed by Vitality 4 Less to write to me, that failure to repond within 7 days may result in legal proceedings

- that a Judgement may affect further credit application

- and to pursue an affordable arrangement.

 

Now, I dont understand why having made the offer why they'd continue to pursue/harrass me over this, or why they would not acknowledge receipt of my letter and requested proof?

 

I feel the need to repond to the solicitors - but the threat of legal proceedings is something I obviously don't need/want.

 

What should I do, your help is greatly appreciated?

 

Cheers