Credit Resolution Services (CRS) and Exercise4less

[matthew123456]

Hey guys,

 

I took out a rolling contract of £14.99 a month paid via direct debit with exercise4less,

 

as I was moving away I notified exercise4less that I would be cancelling my contract verbally in the gym.

 

When telling my friend about this he told me that it was a mistake and I should have emailed them which I proceeded to do.

I moved away

 

had a letter from CRS stating that I owed some money posted to my previous address.

 

They stated I still owed £14.99 as I failed to supply one months notice furthermore I have incurred charges of £131.49.

 

I proceeded to tell CRS I had emailed the gym but they stated it was still out of the months paid notice

and said as a good will gesture they would accept £81.49.

 

What should I do?

 

Sorry if I missed any information out.

 

Thanks, Matthew.

[dx100uk]

you cancelled properly

you ignore them

 

 

cRS are a DCA

they are NOT BAILIFFS

and have no such legal powers.

 

 

pers id ignore them

[Bazooka Boo]

Good old CRS still up to their silly ways.

 

When did you enter into the agreement?

 

Did you give them one months notice including one months fee?

 

The figure CRS are quoting is hilarious, so start the ball rolling with your complaint to the GYM regarding the use of their chosen tin pot DCA and vexatious claims you owe any money least of all £139.49 which you will not be paying.

 

At the very most you owe £14.99 but this depends on how you cancelled the agreement, did you let them take one months fee and then cancel?

[matthew123456]

I can't remember the exact dates that this had happened. I haven't paid anything as of yet, I'm happy to pay the £14.99 as I did cancel the direct debit before informing the gym with written proof rather than verbal. I could speak to the gym about this and see if the staff member remembers me telling him that had cancled?

[Bazooka Boo]

You don't need to cancel in writing, although it creates a paper trail of evidence, your cancellation of the direct debit is instruction enough that you wish to cancel.

 

You say this was a monthly rolling contact, do you have the agreement to hand?

[slick132]

Hi Matt and welcome to CAG

 

1.Was this a rolling monthly agreement or a 12 month agreement.

 

2. When did you join.

 

3 When did you tell the gym you needed to cancel.

 

4. What date did you email the gym and do you have a copy of that email.

 

5. Were you moving to somewhere more than 10 miles from the nearest X4Less gym.

 

6. What date was the DD normally paid each month.

 

Do not call the gym or Harlands/CRS for any reason. I they call you, tell them, "In writing only." and hang up. !!

 

Edited December 6, 2015 by slick132
typo

[matthew123456]

Hey Slick,

 

sorry for the late reply;

 

1/ It was a rolling contract.

2/ I'm unsure of when I joined, but I left June 2015.

3/ I told the gym in person in June before I moved, not sure of an exact date.

4/ I sent the email to exercise4less on the 29th of July. I think I have a copy of the email in my saved emails.

5/ There is no exercise4less gym within 10 miles of my area.

6/ It was normally paid on the 18th of each month.

 

Thanks for your help.

[slick132]

Hi Matthew,

 

1. Please check and see if you DO have the copy email sent on 29th July.

 

2. If so, please confirm if you referred to the verbal notice you gave in June. Better still, copy the main text of the email here.

 

[matthew123456]

I have the email that was sent. I remember that I phoned exercise4less to see if verbally cancelling the contract was enough. They stated that I needed to send them this email.

 

Title - Proof of moved address

Main text - Proof of my new tenancy.

I attached proof of my new tenancy.

M W Evans

 

Thanks for your help

[slick132]

Hi Matthew,

 

Please reply specifically to my Q in 2. in my post above.

 

[matthew123456]

Sorry, I didn't mention verbally telling anyone about the cancellation in the email.

 

thanks

[slick132]

Hi Matt,

 

You need to tell the gym you cancelled verbally and that was adequate notice, even though you may not have used their suggested means of cancelling.

 

[matthew123456]

Sorry for the late reply I've been busy with exams at university .

 

 

I rang up exercise4less and notified them that I said that I had cancelled verbally

to which they said that the person who I told should have made me fill out a cancellation form which they didn't. (I recorded the conversation).

 

 

He advised me to fill out a cancellation form and ring CRS and let them know what had happened.

 

 

What would you suggest that I do?

 

Thanks.

[Bazooka Boo]

Go to the gym, fill out their piece of paper, and tell them you're not going to be ringing their chosen tin pot third party.

 

If CRS contact you in the future then you can simply refer them back to the gym, and inform the gym that you will be doing so when you fill in their bit of paper.

 

Tell the gym, that it their responsibility, and that you hold them fully responsible for the actions of any outfit they see fit to employ to chase alleged debtors.

 

If they claim that you have to ring them up, let them know that you'll let the CMA and TS know just how they treat their customers.

[matthew123456]

I am visiting my family for Christmas so I will be back round the area next week, I will do it then thanks.

[slick132]

Hi Matthew,

 

In post #6, I suggested you do NOT speak to anyone by phone about this. Stay OFF the phone !!

 

If you fill out a cancellation form when you're back for xmas, they'll try to use THAT date for the cancellation to charge you more.. Do NOT call Harlands/CRS and do not fill in a cancellation form now. Stick with what you've done already - ie the verbal cancellation which is perfectly fine and acceptable.

 

If you cancelled by email on 29th July, you should have made a final payment on 18th August. If you didn't pay this, offer to do so using one of my drafts like this -

 

Dear sir or madam,

 

I refer to my membership at Xercise4Less in [town/city].

 

I was on a rolling monthly membership but chose to cancel the DD mandate as I was not using the gym.

 

I owe you one month's fee for the notice period and am happy to pay you this. But I will not pay any admin charges as they are both unlawful and unenforceable.

 

If you confirm in writing within 14 days that you'll accept £14.99 in settlement of all that I owe, I will pay you.

 

My offer is valid for 14 days and, if you make demands for any higher amount, I will pay you nothing.

 

I look forward to your response.

 

Adapt the letter to suit your own case and let us know what you get further from Harlands/CRS

 

[Bazooka Boo]

Yes go with Slicks advice above..

[matthew123456]

Thanks for the help guys, I have sent the email to CRS I will post back when I get their response.

[slick132]

Hi Matthew,

 

It would have been better sent as a typed letter. Email contact just enables Harlands/CRS to reply more easily and quickly, saying they dispute your views and you need to pay them.

 

Anyway, it's done now so just let us know how they respond.

 

[matthew123456]

Hey guys,

 

After i sent the email to harlands they did not reply. I have just received a letter through the door from Spratt Endicott Solicitors, acting on behalf of xercise 4 Less.

This is what it says..

 

We act on behalf of the above name client. They have instructed us to write to you concerning the above debt due to them.

 

Failure to reply to this above notice within 7 days may result in legal proceedings to recover the above balance unless you contact us to discuss your repayment proposal.

 

Any claim resulting in proceedings will include additional costs payable by you. You should also note that if judgement is obtained you may find it difficult to obtain credit from other sources as the judgement will be registered and remain on your credit file for 6 years.

 

Please contact us to discuss your account so that we may come to an arrangement that is affordable and sustainable in line with your financial circumstances and therefore it will be not necessary to issue proceedings.

 

we hope it will not bwe necessary for us to issue proceedings and that we will hear from you without delay.

[matthew123456]

Hey guys,

 

After i sent the email to harlands they did not reply. I have just received a letter through the door from Spratt Endicott Solicitors, acting on behalf of xercise 4 Less.

This is what it says..

 

We act on behalf of the above name client. They have instructed us to write to you concerning the above debt due to them.

 

Failure to reply to this above notice within 7 days may result in legal proceedings to recover the above balance unless you contact us to discuss your repayment proposal.

 

Any claim resulting in proceedings will include additional costs payable by you. You should also note that if judgement is obtained you may find it difficult to obtain credit from other sources as the judgement will be registered and remain on your credit file for 6 years.

 

Please contact us to discuss your account so that we may come to an arrangement that is affordable and sustainable in line with your financial circumstances and therefore it will be not necessary to issue proceedings.

 

we hope it will not bwe necessary for us to issue proceedings and that we will hear from you without delay.

[Bazooka Boo]

Ignore their arbitrary time limits, ''Failure to reply within 7 days may blah blah bah'', Seven days of what exactly? Christmas, my birthday, your cats?

 

Take the 'S' off their first name and that just about sums up this fake solicitor.

 

There will never be any court, so their threat of a claim and a CCJ, is empty, laughable, but empty.

 

I'd be inclined to respond to them, and put them back in their little box highlighting their veiled threats, and harassment, about a matter that that they will do well to hand back to their client before you escalate the matter.

 

Then again, you can simply ignore them, but I'd want the last word........

[matthew123456]

hey bazooka boo, I will just ignore it then thanks

[slick132]

Hi Matt,

 

Spratts have been busy over the last few days !! This is their normal rubbish.

 

Follow the advice here - http://www.consumeractiongroup.co.uk/forum/showthread.php?445123-Harlands-and-Xercise-4-Less-Problem&p=4849858&viewfull=1#post4849858

 

Change the date to reflect your own case.

 

Keep us posted.

 

[matthew123456]

I sent a letter to Spratt Endicot stating that I was prepared to pay the £14.99 but not the other charges. They replied back stating that they have declined the offer but are willing to drop the amount I have to pay to £54.99. Should I send a letter back stating as they have chosen to refuse the offer in my last letter, it is now withdrawn and I reserve the right to ignore further demands?