Xercise 4 Less, CRS

[NJ07]

Hello!

 

My first post to the page! Iv'e seen many things posted about Xercise 4 less and CRS (Credit Resoloution Services) so i hope you can help me out.

 

First of all it started with a text message on the 10th of December saying

 

'Please call CRS urgently on 01444449165 as we need to speak to you today. Thank you. '

 

i originally thought nothing of this, i just thought it was a spam message and quickly forgot about it and went on about life. It wasn't until the 18th December that i recieved a letter from CRS saying

 

'we regret that despite our attempts to reach an amicable resoultion to your account, you remain in arrears to Xercise 4 Less. We must therefore give notice that failing to reply to this letter withing the next 10 days will result in your account balance being passed to Zinc Group Ltd, one of the UK's leading providers of debt recovery solutions.'

 

The account balance is £171.47 (I don't know where this figure was made up from)

 

This is the only form of contact i have recieved from them. I originally cancelled my membership online where they asked me to fill out a form and take it into the gym. Due to my circumstances of not being able to go back to the gym (I was at University and it takes ages to get there) I rang them up on the phone and they assured me that it was all dealt with and it was fine to do so. This was the 29th of June.. (almost 6month ago, and first contact made now?!)

 

I checked my direct debit and i paid the 12 full payments as it was a year contract.

 

I'm just not sure how to deal with this from here, iv'e seen you recommend not speaking to them on the phone.

 

Many Thanks!

 

Nik

[slick132]

Hi NJ and welcome to CAG

 

Read other threads here and you'll see how others are dealing with Harlands/CRS.

 

Don't call Harlands/CRS for any reason and, if they call you, tell them "In writing only !" then hang up.

 

Can you tell us :-

 

1. When you joined X4Less.

 

2. When the DD was paid each month.

 

3. Do you have any evidence of cancelling on 29th June by phone.

 

4. Have you anything else that confirmed your wish to cancel.

 

Ignore Harlands/CRS for now and let us know if you hear from Zinc or Spratt Endicott (Harlands pet solicitors).

 

Please see my PM to you, and answer.

 

[NJ07]

Thank you for the quick reply! I responded to your personal message, thanks for that by the way.

 

Okay after checking my bank, the first payment was made 23rd June 2014 and after that every month until 22nd June 2015. So as far as the year contract goes I did honour that.

 

Other than the original email where I asked to cancel my membership, gave a few details to which they replied with you have to come into the gym, which prompted me to call them.

 

Thanks Slick

[Bazooka Boo]

Well as you owe them nothing, and have honoured the 12 month agreement, they are most likely trying to con you out of another months fee.

 

IMO I wouldn't even offer that, but would make a formal complaint to the gym in question, and inform them that as they have employed a powerless tin pot outfit to harass you for money you don't owe, you hold them ultimately responsible, and as such the actions of their chosen third party, has resulted in you informing the CMA and TS of their behaviour and attitude to customers.

 

You expect by return of post a full apology and confirmation that you will not hear from anyone regarding this matter again, should you do so, you will happily report them to the relevant authorities including the police for the criminal offence of harassment.

[slick132]

Hi NJ,

 

What date did you first email them about your wish to cancel ?

 

[NJ07]

I first emailed them on the 29/06/2015,

 

Ill uplaod the letter i plan to send them tomorrow and you can see what you make of it,

thanks for the help!

[slick132]

Hi Nj,

 

Ok so you sent the gym an email the same day you spoke to them.

 

Please confirm what you said to the gym and what they said to you in reply to the email.

 

Send nothing to the gym or Harlands/CRS until we're sure what you should say to them.

 

[NJ07]

Okay, so i went to cancel the membership online,

they emailed me back with the following -

Hi,

 

Would you beable to provide us with a little more detail on your self in order to locate your profile easier.. I.e postcode, date of birth etc?

 

--

Kind Regards

 

To which i replied all the relevant details.

 

They then sent back the following email -

 

'Ok, so in order to cancel, you would need to come into our facilities to fill out a cancellation form. Once the cancellation form is filled out then we can begin the 30 days notice to cancel. Please see attached terms and conditions for the cancellation procedure.'

 

I didnt send another email back, instead i rang them to explain my circumstances that i am no longer at university and the gym is around 20miles away from me now. They assured me everything was dealt with.

 

Thanks Slick!

[slick132]

Hi NJ,

 

Did your initial attempt to cancel online, and their request that you go into the gym, all happen on 29th June.

 

If so, that is the effective start of the 30 days notice period.

 

[NJ07]

Yes, that all happened in the same period of time.

 

Awesome, also just to add an update, there has been no more phone calls or new letters. However i did get 2 text messages from the gym to join up!!

[Bazooka Boo]

Give them time, they will undoubtedly start their harassment process soon enough, just keep everything regarding this in anticipation of them contacting you again.

[slick132]

Hi NJ,

 

As you gave notice to cancel on 29th June, you should have allowed one more DD to be taken around 22nd or 23rd July and that would be the final amount due.

 

I'd write to X4Less Head Office in Leeds :-

 

1. Confirm you contacted the gym to cancel on 29/6.

 

2. Offer to pay 1 final monthly fee that you should have paid in July.

 

3. Tell them this will be paid when they confirm they'll accept in full settlement of all that you owe; and that they'll tell Harlands/CRS to make no further demands.

 

Send this by letter to X4Less HO and get a free Certificate of Posting from the PO when you post it.

 

[NJ07]

I understand, i have drafted a letter.

please tell me what you think;

 

Dear Sir/Madam,

 

I am writing in response to a letter I received regarding the alleged arrears on my account for the Xercise 4 Less membership. I first went onto the website of Xercise4Less on the 25/06/2105 in order to cancel my membership. I received a reply back to my email address asking for some more personal details such as my name, date of birth, address etc. The last email I received was about bringing a form filled out into the gym on the 29/06/2105. Due to this, I rang up the gym and explained that I joined the gym whilst I was university and I have now completed my studies so it would not be possible to come back to the gym. I was informed over the phone that the membership was cancelled to immediate effect and from my understanding it was resolved at that point.

I made the 12 necessary payments via direct debit and it is to my knowledge that I should have allowed one more additional payment of £9.99 to acknowledge the 30days notice. I am happy to pay this final payment once I get confirmation that this is full settlement of all that I owe and you tell Harland’s/ CRS to make no further demands.

 

Yours Sincerely,

[slick132]

Hi NJ and thanks for the draft. A few changes :-

 

Dear Sir/Madam,

 

I refer to arrears which Harlands/CRS are demanding for my Xercise4Less membership.

 

I used the Xercise4Less website on 25/06/2105 to cancel my membership. I received a reply back to my email address asking for some more personal details such as my name, date of birth, address etc.

 

The last email I received was on 29/06/2105 about taking a completed cancellation form into the gym on the. I rang the gym and explained that I joined the gym whilst I was university and I have now completed my studies so it would not be possible to take the form into the gym. I was informed over the phone that the membership was cancelled with immediate effect and, to my understanding, it was resolved at that point.

 

I now understand that I should have made one final DD payment before I stopped the DD mandate. I am happy to pay this £9.99 to you direct to end the matter and to stop Harlands/CRS harassing me.

 

I will pay you promptly once you confirm :-

 

1. You'll accept my offer of £9.99 in settlement of all that I owe to Xercise4Less and Harlands/CRS.

 

2. You'll instruct Harlands/CRS to cease all demands immediately.

 

Please provide your bank account payment details when you reply so I can pay you.

 

Yours faithfully,

 

[NJ07]

Hey Slick!

 

So the head office rang me today and left a message. They said to give them a call back to help resolve the matter. Should I call them back and ask them to respond via letter?

 

Thanks,

 

Hope you had a nice Christmas and new years too!

[Bazooka Boo]

You could if you wish,

but ensure YOU take control of the conversation, TELL them that anything they wish to convey can be committed in writing, you do not discuss financial issue over he phone.

 

OR Ignore them, if in your last letter you expressly informed them that you would only deal with this in writing.

It is most likely their standard computer generated garbage they spit out.

[slick132]

I'd be inclined to call them and tell them you require, and you're entitled to, an answer in writing.

 

See how the conversation looks like going and, if you're not happy or comfortable, tell them you need their reply on writing, failing which you'll raise formal complaints with Trading Standards and The CMA.