Gym contract.backdoor ccj.now next steps notice -help

[Jon1989]

Hi

 

I joined a Gym called Fitspace

 

during the first Month a double payment of £11.99 was made to them

. I only realized this when i checked over a week after it was taken out via my bank statements.

 

This indicated to me that it could happen again as I was not contacted by the gym regarding this mistake.

 

I sent a letter to by Bank and to Fitspace stating that the Contract had been breached as the contract stated the first payment of £11.99 will be taken out on the 16th of August 2015.

 

however a double payment was taken out on the 17th of August 2015.

 

I expressed that i have lost trust in the Gym for making this error and not following up to rectify the mistake.

 

I received an email from Fitspace apologising for the mistake,

instructed me to cancel my DD immediately by 27th of August 2015 and they offered me a free month if i was to rejoin.

 

The reason for the double payment was a duplicate account was made, which i have no idea on how that happened.

 

Then on the 3rd Of September I received a letter from harlands stating 'We write to you to confirm that your duplicate membership has been cancelled and the duplicate payment has been credited against your missing August installment on your live account.

 

The terms of your Membership Agreement mean that you have to repay all your installments by Direct Debit. Therefore, you must call Harlands Helpline immediately'....

 

I chose to ignore the letter and received another letter on 20th of October saying that they have added admin fee leaving me at £31.99 in arrears. I chose to ignore this letter also.

 

Then on the 20th of November 2015 i got another letter stating that they have added a further £20.00 charge which is leaves me at £63.98?? (dunno how they did the maths on that).

 

They further threatened me saying that further charges will be added if i do not contact them by 4th of December 2015 and the balance of £159.90 will be passed on to a DRC who will add their fees onto my account.

 

So i have written out a letter but before i send it i wanted to check up on it with the experts (YOU GUYS )

 

26/11/2015

 

To whom it may concern

I am writing to you regarding the lawful cancellation of my FitSpace membership, Fitspace reference number:

 

First of all my argument against you is that Fitspace has acknowledged the mistake made by them and allowed me to cancel the membership on terms of breach of contract.

 

They asked me to cancel my direct debit immediately by the 27th of August.

They also offered me a free month if i was to ‘re-join' with them.

The word 're-join’ confirms the agreed cancellation of my membership.

 

No disputes were made by them about having to reinstate by direct debit because they know just as well as you do, if the contract is breached I am in my legal right to cancel my Direct Debit.

 

I have this written in Email sent to me by Fitspace which i will attach to this letter.

 

I hope you realize under The Protection From Harassment Act 1997 you are breaking the law by sending out these invoices in the pretext of bills/debts.

 

You have no power or authority to do so, if you choose to continue with harassment I will be forced to report your actions to the Trading Standards and to the CMA.

 

I would also like to notify you that I entered in a 12month contract with another one of your Gyms (Xercise4less).

 

If this harassment continues I will most certainly be cancelling my membership at the end of the contract with Xercise4less

 

. Also I was told by Fitspace that the double payment would be cancelled but it never was.

 

I did not chase this up as I wanted to leave with a good gesture

 

. Also do not attempt to settle me with further ‘good gesture payments’ as I am absolutely aware that I do not owe any money and I did not break any membership agreement as you argue against me.

 

If you genuinely believe I owe a debt then do not hesitate to skip all the nonsense and pursue this case in court.

 

I hope you are aware of a high court ruling where a judge openly said these gyms are out to take advantage of people and that there is no room for this kind of practise in business.

 

Your Sincerely

 

Il be looking forward for your sincere advice and help

 

Thanks

 

Jon

[dx100uk]

Nice letter you appear to dealing with the fleecers nicely.

 

Next will prob be the powerless dca threat-o-grams

 

Dx

[slick132]

Hi Jon and welcome to CAG

 

IMHO your letter is a bit too long but that doesn't matter for now.

 

Are you intending to send it to Harlands or to the gym, or maybe both.

 

[michael.uwt]

Hey everyone

 

Just got a reply Letter from CRS (Credit Resolution Service). Im assuming that this is a department of Harlands because the return address is that of Harlands.

Nothing in this letter refutes any bit of my argument against them.

 

This is what it says

 

'Account Balance: 226.40

IMPORTANT - PLEASE CALL US TODAY ON 01444 449165

 

We've been employed by Fitspace as your membership remains in arrears despite the previous letters being sent to you

As a result of this, our fees totaling 66.50 have been added. Therefore, your account balance now stands at 226.40. (i love how they added it to the pennies to make it look like they have actually made a legit calculation of the fees)

 

WE WANT TO REACH AN AMICABLE RESOLUTION WITH YOU

In order that we can do this, please ring our non-premium rate number - 01444 449165

 

WHAT ARE THE OPTIONS?

 

1. You want to continue your membership. The club want nothing more than for you to get the full benefits of your membership. Providing you can pay arrears and set up a new Direct Debit with us for your future payments, then they're happy to welcome you back in.

You may also be entitled to a discount if your are able to settle your account balance in one payment. (how generous of them. See guys these people are so reasonable)

2. You believe you've cancelled your membership - We understand the numerous reasons why people stop going. (the amount of harassment on these threads by Harlands shows you dont give a flying **** about peoples reasons). We'll listen to your reasons and do everything we can to resolve your account in line with the terms of your membership.

3. Your experiencing financial difficulties. Bla bla monthly payment plans bla bla

We'll cease further letters for 7 days, so please call us on 01444 449165 '

 

So there you go, nothing in this letter argues anything from my previous letter.

They have completely ignored it like they didn't receive it.

 

 

I've realised when these criminals cant win through writing they try to get you to call them and see if you give in that way.

Well if i was to call them i would ask them to write to me and only write to me in soft paper

because im getting paper cuts on my backside when im wiping myself in the toilet.

 

I KNOW they have nothing on me because i was in my right to cancel my contract due to a breach of contract.

 

 

I KNOW this is just harassment and fear tactics. So keep ignoring?

 

Thanks guys

 

p.s i forgot my other account details so I used my secondary account.

 

 

Yes I'm the same fella who's being harassed by UKCPS and MIAH solicitors for the parking ticket lol. Double headache for me

[dx100uk]

its their fake DCA

 

 

prob not even seen the letter.

 

 

dx

[Bazooka Boo]

IMO I'd ignore yes, but I'd be making complaints to the FCA and CMA, and even TS regarding the gym and their powerless DCA's and attempts to exploit a debtors lack of knowledge by using multiple names to give the impression that it is being escalated, I'd even inform your local MP too, and have them raise this issue in the commons.

[slick132]

Hi Michael,

 

Are you connected with Jon1989 who started this thread ?

 

[michael.uwt]

Hi Michael,

 

Are you connected with Jon1989 who started this thread ?

 

 

That was me lol but I forgot my login details so I used another account. Thankfully ive still not recieved any letters from these bullies as of yet. I will notify if/when I do

[michael.uwt]

I have recieved another letter today from harlands CRS department.

 

 

They said they have 2 options.

Option 1 is mostly about pursuing legal actions if I dont pay up.

They said they will send one more formal letter and If I dont settle it after that they will issue proceedings against me in county court

and that I will be able to dispute the monies owned and that I will be liable for the costs of pursuing legal actions.

 

Option 2 is outsource to external agents. Passing the case to another collection agency.

 

I predict the latter.

Option 1 to me looks like a huge bluff.

I mean if they read anything of my initial letter they would know they have no chance in court.

FitSpace themselves instructed me to cancel my DD immediately.

 

 

How desperate are these edited that they are trying to squeeze something from a onesided case?

Edited January 16, 2016 by slick132
derogatory term removed

[Bazooka Boo]

OK, well for their trouble, I'd make formal complaints now to the CMA, TS, BBC Watchdog & to the actual gym in question, this is solely their doing and there is no way to wriggle out of their responsibility.

 

If they are on social media, then make some very public complaints about the gym and their tame DCA's and fake Sols, continuing to commit the criminal offence of harassment and that you hold them ultimately responsible for their third parties actions, and as such, any legal action you may look at bringing, will be against them.

[dx100uk]

read the letter properly

it does not say WILL anything

[michael.uwt]

True. Its a bluff. I was wondering if I can/should stop any mail from harlands and any other external Debt collectors by informing royal mail that its spam mail. I really dont have want to waste time with these timewasting edited.

Edited January 16, 2016 by slick132
derogatory term edited

[slick132]

Hi Michael,

 

It's best to let their letters come through so you know what they're up to.

 

This avoids the chance of them getting an easy CCJ due to you not replying. The chance of them taking court action is very small but, just in case ............

 

Make formal complaints if you want as suggested above. Certainly look to embarrass the gym by using Twitter and/or Facebook but avoid using derogatory terms like criminals or you could end up in trouble.

 

[michael.uwt]

Thanks slick. Im out of town for the weekend but ive already downloaded and looked at the FCA complaint form. It will be the first thing I fill and send off when I get back and I will also send a letter to fitspace blaming them for this as they instructed me to cancel my DD and now im in bother with Harlands. Dont worry il stay professional about it. Thanks guys

[slick132]

Noted and thanks.

 

2 posts above edited to keep us out of trouble.

 

Keep us updated

[michael.uwt]

Noted and thanks.

 

2 posts above edited to keep us out of trouble.

 

Keep us updated

 

 

I have received another letter from CRS. Very short letter saying that they after attempts to reach an amicable resolution to my account tgat I remain in arrears to Fitspace. Therefore failing to reply to this letter within the next 10 days will result in your account balance being passed to Zinc Group Ltd, one of tge UKs leading providers for debt recovery solutions.

 

I am currently in process with the complaint about this practice of harlands via FOC.

 

When I get letters from Zinc Group ltd I will inform the FOC.

[slick132]

Hi Michael,

 

The FCA and the FOS are not the bodies to complain to. If you want to complain, please write to your local Trading Standards and to The CMA.

 

Better still, use Facebook and Twitter to complain that Fitspace are using the services of Harlands/CRS to harass you for money you do not owe.

 

[Bazooka Boo]

Zinc couldn't lead a horse to water, so you've absolutely nothing to worry about with their lame letters.

[michael.uwt]

Hi Michael,

 

The FCA and the FOS are not the bodies to complain to. If you want to complain, please write to your local Trading Standards and to The CMA.

 

Better still, use Facebook and Twitter to complain that Fitspace are using the services of Harlands/CRS to harass you for money you do not owe.

 

 

Ok I will try TS and CMA and expose the gym via social media. Its payback time

[michael.uwt]

Zinc couldn't lead a horse to water, so you've absolutely nothing to worry about with their lame letters.

 

Yh im not going to even bother replying to the same old twaddle. Let them waste their own money in sending me these pathetic letters.

[Bazooka Boo]

Agreed, it is fundamentally pointless in even entertaining them. Get onto social media and start making some noise about just how they treat their customers, works wonders!

[king12345]

I would call them and record the call.

I would just laugh at everything they say and keep on insisting that they take me to court.

But then I'm a bit mean and like to wind these lowlife up.

Maybe not everyone's cup of tea

[slick132]

Hi MU,

 

Posts moved to your own new thread to avoid further hijack.

 

[dx100uk]

They are the same person slick

2 usernames

[slick132]

Sorry for being confused about the 2 usernames and thanks to whoever sorted it back

 

What did Spratts write on 10th and 28th June. Hide any personal identifiers if you post copy letters.

 

Please also confirm these letters were sent to your exact correct address.

 

This is the first claim we have seen here on CAG where Spratt Endicott have issued court proceedings so we need to know how they got the CCJ.

 

Edited July 16, 2016 by slick132