Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1041 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I am writing this on behalf of my daughter who is studying abroad.

 

My daughter joined Xercise4less in September 2013. In April 2014 she emailed them to give her intention to end membership as she was going to the states in May 2014 for 4 Months. There was no response. She was in the states with limited access to phone/email.

 

On her return in September she realised that they had continued to take the payments from her account (she mistakenly thought they would take the mail as intention to terminate and cease requests for payment)

She cancelled the direct debit immediately. She then embarked on a year abroad (which is where she still is)

 

In April 2015 letters started to arrive from CRS at her parents (my) house demanding payment for arrears plus costs of £102.50. So total claim from CRS is £207.47

 

I have telephoned CRS twice and explained the situation. I have emailed Xercise4less. No reponse from either. CRS stated that they need permission to speak with me from my daughter, which they now have via email.

 

Any advice welcome on how to end this saga.

Many thanks

Link to post
Share on other sites

Thread moved to correct forum. Someone will look in on you later on. Meanwhile, it might be worth having a read round other threads in this forum to see what others are doing :)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Duffield and welcome to CAG

 

Stay OFF the phone. Talking to Harlands/CRS is a total waste of your time and effort.

 

We need more info :-

 

1. Do you have a copy of the email in April 2014 sent to X4Less (or Harlands). This could be crucial to your case.

 

2. What was the email date.

 

3. When was the DD normally taken each month.

 

4. When you realised further DD payments had been taken during the trip to the USA, were these then reclaimed using the DD Guarantee Scheme.

 

Don't worry about the demands from CRS. They have no authority and the admin charges they add should always be challenged.

 

Depending on your answers, there may be a case to reclaim the extra monthly fees taken by Harlands. If the bank doesn't refund them, court action against Harlands could be a possibility. However, your daughter's absence could be a problem re court action.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites
Hi Duffield and welcome to CAG

 

Stay OFF the phone. Talking to Harlands/CRS is a total waste of your time and effort.

 

We need more info :-

 

1. Do you have a copy of the email in April 2014 sent to X4Less (or Harlands). This could be crucial to your case.

 

2. What was the email date.

 

3. When was the DD normally taken each month.

 

4. When you realised further DD payments had been taken during the trip to the USA, were these then reclaimed using the DD Guarantee Scheme.

 

Don't worry about the demands from CRS. They have no authority and the admin charges they add should always be challenged.

 

Depending on your answers, there may be a case to reclaim the extra monthly fees taken by Harlands. If the bank doesn't refund them, court action against Harlands could be a possibility. However, your daughter's absence could be a problem re court action.

 

:-)

Hi slick

Thank you for your reply.

Yes we have the email and I did send it to crs. It was sent in April 2014 the day before she went to work at Camp America

She did not realise the debits had been taken until she got back and checked. she cancelled them in Nov 2014 and did not take any action or mention it to me. It was only when letters started arriving at our address in March 2015 that I asked her if we could open them as she was in Holland.

These were the first she knew of it.

Link to post
Share on other sites

Hi , This is the email that was sent initially and to which there was no response.

 

Sorry if you receive this more than once but i am having a problem with the site

 

Thanks

 

 

It was sent to the email address enquiries @ Xercise 4less on their website

 

Date: Sat, 31 May 2014 21:00:42 +0100

Hi Xcercise4less

 

I have been a member of the Leeds branch of the gym since September but am no longer living in Leeds. Would it be possible to cancel my membership as soon as possible? Or how do I go about cancelling it? I am in America for the next 9 weeks so am unable to call or come in person.

 

Many thanks,

 

Hxxxxxxx x

Link to post
Share on other sites

I have just noticed that the emaill address used by my daughter was wrong! this changes things somewhat and i apologise for this.

If therefore they have had no notice period but merely the cancellation in November does that count as noticeand leave her liable for a further month? ie £10

Link to post
Share on other sites

Hi DF,

 

I'll reply as if this matter refers to you, instead of your daughter, for ease.

 

Are you sure the email address used to cancel was wrong ? Have you found the email returned as a failed delivery ?

 

If so and there was no other contact made to cancel, then the cancellation of the DD is the effective notice of intent to cancel.

 

As you say, there should be 30 days notice given so, if the DD was cancelled before 19th Nov'r, y after 19th Nov'r, you owe just the Nov'r payment. If the DD was cancelled after 19th Nov'r, then you owe the Dec'r payment.

 

Write to Harlands at the same address as CRS :-

 

I refer to my membership at xxx gym in [town/city].

 

I emailed to inform the gym of moving away on xxdate but now find I used the wrong email address.

 

Accordingly, my effective cancellation of the membership was xxdate when I cancelled the DD mandate. Grounds for cancelling was me leaving the UK for the USA.

 

I should have paid a final payment in [November/December] 2014 and offer to pay this now.

 

When you confirm in writing that you'll accept my offer in settlement of all that I owe, I will pay you.

 

I will not pay any admin charges as they are penalties.

 

This offer is valid for 14 days and will be withdrawn if you demand any higher amounts.

 

Just sign the letter as your daughter. No need to get embroiled in an argument about your authority to act.

 

Get a free Certificate of Posting from the PO counter and let us know what happens.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

Hi DF,

 

The returned/failed delivery is not so important if you are sure the wrong email address was used.

 

I would write to Harlands without further delay.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites
  • 4 weeks later...

Hi

Having sent the letter as discussed i have received the following reply by email.

 

Please can you advise? They have reduced the amount considerably but seem to have invoked a legal precedent whilst not acknowledging the subsequent case you have mentioned before.

 

Many Thanks

 

From: "Credit Resolution Services"

Date: 3 June 2015 15:31:05 BST

To:

Subject: CRS

Dear xxxxx

 

Re: CRS Ref No

 

Further to your letter of 14th May 2015 (and prior emails); we have noted your permission to discuss this matter with Mr. Gxxxxxx.

 

We note that you claim cancelling your Direct Debit was adequate notice of your intention to cancel at that time. We dispute this assertion as the terms of your agreement specifically state that you must give notice in writing, which you have failed to do as your email has been sent to an incorrect address, and no other attempt to notify the club in writing has been made.

 

We are unable to accept your offer of £9.99 as sufficient to settle this debt because more than one month has passed without payment. The agreement between you and the club is legally binding upon both parties, meaning that the club has obligations just as you do. Until the correct cancellation procedure is followed, therefore, the club has a contractual obligation to hold your membership open. A service has therefore been provided during this time, at cost the club, whether you attended or not.

 

With regards to your comments that our charges are penalties, it is our position that all charges applied to this balance are to cover actual and necessary costs and thus are not penalties. Lord Dunedin set out in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1914) that:

 

"It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. On the contrary, that is just the situation when it is probable that pre-estimated damage was the true bargain between the parties ( Clydebank Case, Lord Halsbury; Webster v. Bosanquet, Lord Mersey)."

 

The above applies to the charges of £25.00 applied by Harlands and also in regards to our own collection fees of £66.50. We believe, therefore; that these charges do not constitute a penalty and are thus fully enforceable.

 

For the above reasons it must remain our position that the balance of £207.47 is correct and due. Purely as a goodwill gesture we shall be willing to extend our previous offer to accept the reduced sum of £132.47 as final settlement of this debt if paid in full within 7 days of this correspondence. Payment can be made by Credit/Debit card by calling us on 01444 449165. Alternatively, cheque/postal orders should be made payable to Credit Resolution Services and sent to CRS, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW.

 

A payment plan can also be set up if you are unable to settle in full, although we do charge a little extra for this.

 

If you are experiencing financial difficulty, there are organisations who offer free debt advice and assistance such as Step Change (0800 1381111), National Debtline (0808 8084000) and your local Citizen Advice Bureau.

 

Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken.

 

Yours sincerely,

 

David Castle

 

Collections Department

Edited by duffieldfive
Link to post
Share on other sites

Take your references out from the email.

 

Right thats interesting. I suspect that they wont take you to court over this.

Thats a stupid response to your offer. Slick will come back to you on this.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hi DF,

 

It's nothing new for Harlands/CRS to come back with what appear to be reasonable arguments and/or case law.

 

However, we maintain that they are wrong about the manner in which you can cancel and their admin charges being unenforceable penalties.

 

I'd reply to Harlands from you or YD would be :-

 

I refer to your email of 3rd June.

 

I do not accept your assertions about the manner of cancellation or about penalty fees and will not pay the higher amount demanded by you.

 

The offer to pay £9.99 to settle is now withdrawn and further demands from you, or any party instructed by you will be referred to Trading Standards and the CMA as formal complaints.

 

Let us know what they do next and expect contact from Zinc and Majorlaw (pet solicitors).

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites

Hi Slick

Just about to send letter however because there has never been any correspondence with the GYM due to incorrect email address...i told my daughter to write to the gym telling them that the cancellation of the DD was notice of cancelling membership but that she was willing to pay 9.99 (i month)

I suspected that even if we get this resolved Harlands would still say the membership was not cancelled properly etc and it could drag on.

 

Today she received an email saying " Further to your letter dated 03/06/2015 we have attempted to contact youself however the number we have on file is no longer available. Can you please contact membership support team to make your final payment of 9.99

kind regards Membership support team.

 

I am thinking of asking her to reply as follows; Further to your email i am in agreement to payment of the final sum of 9.99 in compete settlement of all arrears owed to Exercise4less, CRS/Harlands or any agents of Exercise4less. Prior ro payment please can you confirm that this is the case. On receipt of your confirmation i will forward the sum of £9.99

 

Knowing that i have not yet replied to last weeks note it looks as though there is little communication between the gym and CRS. What i dont want to do is pay the £9.99 and then still get chased by CRS/

 

Any advice very welcome

DF

Link to post
Share on other sites

Hi Slick

This is the transcript of the letter sent to the gym last week

 

 

I refer to my membership at Xercise 4 Less in Leeds.

 

I emailed to inform the gym of moving away on 31st May 2014 but now find I used the wrong email address.

 

Accordingly, my effective cancellation of the membership was November 2014 when I cancelled the DD mandate. Grounds for cancelling was me leaving the UK for the USA.

 

I should have paid a final payment in December 2014 and offer to pay this now.

Link to post
Share on other sites

Hi DF,

 

You're probably over-thinking this issue. Remember, we've been dealing with Harlands and their antics for many years.

 

Re your comment above, there is probably NO communication between Harlands/CRS and the gym !!

 

You can make the final offer but I still think you should refute their assertions :-

 

I refer to your emails of 3rd and 11th June.

 

I do not accept your assertions about the manner of cancellation or about penalty fees and will not pay the higher amount demanded by you.

 

To be reasonable in this matter, I repeat my offer to pay £9.99 to settle all amounts due to Harlands and/or the gym. This is valid for a further 14 days.

 

If you fail to accept this offer, or you make any higher demands, or you cause any other party to make demands, I will make formal complaints to Trading Standards and the CMA without further notice.

 

Get this sent off asap and let us know when they reply.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites
  • 1 month later...

Hi Slick

Reply received yesterday from CRS

 

 

Saying if I advise them that we do not intend to pay they will continue with their collection procedure but will not enter into any further correspondence as their decision has been made!

They are requesting payment in 7 days to avoid further action being taken.

 

 

Please advise...

Link to post
Share on other sites

Hi Duffield,

 

If they wanted money from you, they should have contacted you within 14 days.

 

 

Ignore for now .............

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...