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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Xercise for Less - CRS Credit Resolution Services


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Hi I am hoping somebody can help me,

 

I cancelled my gym membership toward the end of last year, i went into my gym and filled in a close of account form and handed it into the lady at reception, i then waited a month an cancelled the direct debit as i was told i had to give a months notice.

 

As far as i was aware the matter was now over until last week i received a letter from CRS Credit Resolution Services saying i owed £222.47 as my account was in arrears.

 

I rang CRS and they claim the gym have no recollection of me handing in the close of account form in and and there for it has been classed as missed payments.

 

Xercise for less have been sending letters out so they claim saying i have missed payments but these have been sent to my old address as i moved house mid membership, they had my mobile number but made no effort to get in contact with me.

 

I spoke with CRS today and they was very off hand and said the best they can do is i need to pay £112.49 today or the matter will be sent for collection of goods totalling that amount.

 

Can sombody please help me with this ?

 

Kind Regards

 

Daniel.

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Hi Djj and welcome to CAG

 

Were you beyond the minimum initial m/ship period when you cancelled ? If so, then the rest of my post is right. If you were still within the minimum period, was there a reason for cancelling.

 

Harlands/CRS and the gyms they work for have a bad reputation for "losing" cancellation letters. However, this matter should not be ignored at this stage. Harlands/CRS have taken a case to court recently but we're helping to defend this case as best we can.

 

First off, I would write to the gym :-

 

1. Ask if they have CCTV for the day and time you handed in the cancellation, because Harlands/CRS are denying the cancellation was made at the gym.

 

2. Ask the gym for a copy of the cancellation which you assume the gym kept.

 

3. Tell the gym they must contact Harlands/CRS and tell them to stop making payment demands.

 

Secondly, write to Harlands saying :-

 

1. I cancelled the membership in person at the gym on xxdate.

 

2. I owe you nothing as I paid the required month's fee for the notice period before cancelling the DD mandate.

 

3. I will not pay any admin fees, nor will I pay any other amounts demanded by Harlands/CRS.

 

Get a free Certificate of Posting at the PO when writing to Harlands.

 

:-)

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  • 2 weeks later...
Dont worry about CRS , they never do anything at all.

Do you have proof you gave in the cancellation form?

 

Hi,

 

Yes I had been with them for 23 months so I fulfilled my 12 month contract. I handed in the cancellation request and thought that was it.

 

My partner has a meeting with the General Manager at the gym tomorrow so hopefully they will get this sorted,

 

Kind Regards,

Danny

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Hi Djj and welcome to CAG

 

Were you beyond the minimum initial m/ship period when you cancelled ? If so, then the rest of my post is right. If you were still within the minimum period, was there a reason for cancelling.

 

Harlands/CRS and the gyms they work for have a bad reputation for "losing" cancellation letters. However, this matter should not be ignored at this stage. Harlands/CRS have taken a case to court recently but we're helping to defend this case as best we can.

 

First off, I would write to the gym :-

 

1. Ask if they have CCTV for the day and time you handed in the cancellation, because Harlands/CRS are denying the cancellation was made at the gym.

 

2. Ask the gym for a copy of the cancellation which you assume the gym kept.

 

3. Tell the gym they must contact Harlands/CRS and tell them to stop making payment demands.

 

Secondly, write to Harlands saying :-

 

1. I cancelled the membership in person at the gym on xxdate.

 

2. I owe you nothing as I paid the required month's fee for the notice period before cancelling the DD mandate.

 

3. I will not pay any admin fees, nor will I pay any other amounts demanded by Harlands/CRS.

 

Get a free Certificate of Posting at the PO when writing to Harlands.

 

:-)

 

 

Hi,

 

We don't have proof of the cancellation unfortunately, I just expected the receptionist to do her job but seems the form has gone missing. My partner is has a meeting with the gyms general manager tomorrow afternoon and she is going to mention the cctv and a break down of the costs etc.

 

I am not giving in and paying this when I know I fulfilled my responsibilities. It seems they do this to so many people,

 

Regards,

Danny

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Let us know how the meeting goes.

 

Did you write to the gym and to Harlands as suggested in post #7 ?

 

If you didn't write to the gym, print off post #7 and use that as a list of Q's to put to the mngr.

 

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No not written as yet, sent a couple of emails to CRS but getting nowhere with them. Ye I will get my partner to take the list and put these to the manager and see what the outcome is.

 

I'll let you know,

 

Thanks,

Danny

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Hi Djj,

 

If you want to deal effectively with Harlands /CRS, it would have been better if you followed our advice above and sent the letters suggested.

 

Despite comments made above, CRS has recently taken court action against one of our site users We are working hard to assist with what we hope will be a successful defence.

 

I would advise that your partner stays calm and does not agree to anything when she meets the mngr. Let her come away and report back about events.

 

She should also say that she will put her questions in writing to the gym's head office if she fails to get adequate answers tomorrow.

 

Hope it goes well for her. :-)

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Hi Danny,

 

I suggest you hold off from sending the letters for now.

 

We may need to alter them, in light of whatever transpires at tomorrow's meeting.

 

Report back and we'll take it from there.

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Hi Danny,

 

I suggest you hold off from sending the letters for now.

 

We may need to alter them, in light of whatever transpires at tomorrow's meeting.

 

Report back and we'll take it from there.

 

:-)

 

Afternoon,

 

Just an update. My partner was dubious about the man on the phone asking her to visit the manager to discuss my membership so after 3 calls and no call back she was finally put through to the manager who indeed confirmed she wouldn't be able to discuss my membership so it would have been a wasted visited with our 3 year old in tow.

 

After questioning the manager further she did confirm that they had received my cancellation after all, however I had been passed onto CRS due to the fact that I cancelled my direct debit too early and didn't make the last payment. After my partner questioning the manager more she confirmed they received my cancellation in August last year to which my partner told her we had the final payment leaving our account on the 9th October?!!? Ok so that's well over 30 days notice, amusing!!

 

After the manager got abit flustered and put my partner on hold and then 'accidentally' transferred the call to Headoffice, my partner finally spoke again to the manager who apologised and said this was all a big mistake and was sent to CRS is error.

 

So after all the stress, they simply said they will notify CRS and we will no longer hear from them. My partner asked if CRS would send confirmation of this, to which the manager replied 'no they will just stop harassing you' haha!

Relief for sure but we are still slightly dubious as to whether this is really the end!

 

What do you think?

 

Regards,

Danny

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Hi Djj,

 

I assumed it was a joint m/ship and that was how the mngr was happy to discuss it. Thank goodness YP didn't actually waste her time going there but how MAD that they go on to discuss the issue with her anyway.

 

You still have nothing in writing and CRS are not known for giving in easily. So I would not be at all surprised if Harlands/CRS continue to make demands despite the assurance from the gym.

 

Keep us informed please ..............

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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