CRS and roko gym 'debt'

[makemineaginandtonic]

Hi All.

Firstly thank you to anyone who takes the time to read this and respond

 

 

I have recently been intimidated on the phone and have tried a couple of avenues including citizens advice but have not yet found a solution

 

I am currently having a problem with CRS and a cancelled gym membership.

 

I informed my gym last year that I wanted to cancel my membership as I wasn't using the gym

and was soon to be relocating an hour away after taking a new job.

 

 

The gym informed me that I could cancel my 12month contract

but only with a minimum notice of three months.

 

 

I explained that I felt it was unfair that I would have to continue paying for three more months

for a service I couldn't use as I was about to relocate.

 

 

I then became frustrated after receiving a flyer offering new members 3 months for free,

contacted the gym again with no avail

 

 

in frustration cancelled my direct debit at the bank

and took in a letter to explain why I had done so.

 

 

I was told that I should not have cancelled my direct debit

and would still have to pay the three months in full to exit my contract.

 

 

I arranged to meet with the gym manager but this was cancelled and my calls were not returned.

I thought the issue had gone to bed

 

 

a few months on I was forwarded a letter (from my previous address)

which was from CRS stating that they had been employed by my gym

as my membership remains in arrears and including their fees I now owe a total of £326.

 

 

I have also been harassed by text and phoned by CRS who were rude and intimidating

and said they cannot discuss my case further without me giving them

my date of birth and current address.

 

 

I am willing to pay my gym the three months to cancel my membership

just to get this over but they say the case is with CRS now.

I don't know what to do.

[dx100uk]

std rubbish

whos the gym Co. -

[makemineaginandtonic]

The gym is called Roko

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=roko+gym&sa=Search+CAG&gfe_rd=ssl&ei=nAT7Vt6BBpWDaJOijLAE#gsc.tab=0&gsc.q=roko%20gym&gsc.page=1

[slick132]

Hi MMAGAT and welcome to CAG

 

We need some more info :-

 

1. Did you get any T&C's when you joined.

 

2. If so, was there mention of 3 months notice required in the event of relocation.

 

3. The letter that you "took in" - was that taken to the gym ?

 

If you were moving away from the gym to a distance away of several miles or more, you should have had the right to cancel the agreement after paying just 1 month's notice.

 

Do not talk to Harlands/CRS at all. They have no power or authority to make you communicate with them by phone. Keep everything in writing only.

 

Do NOT offer to pay 3 months fees until we've had answers to our Q's.

 

[makemineaginandtonic]

Hi All

 

thanks for the replies. Some terms and conditions were mentioned when I signed my membership but it was my first gym and and I didn't understand the implications of them. Nothing was mentioned about moving away as I had no intention of relocating at the time. The letter was taken to the gym and handed to a member of staff who gave me a note to say I had been in and wanted to pay 3months to get out of my membership. Which at the time was 130 now CRS say I owe £326. The gym manager was never contactable when I was out of work hours. I've moved just over 40 miles away I'm now also worried about my credit rating. Thank you for your help.

[dx100uk]

don't worry

gym debts don't show on files

 

 

follow slick

[makemineaginandtonic]

Ok thanks

[slick132]

I've just looked at their on-line T&C's here - http://www.roko.co.uk/membership-terms

 

Which of the 3 types of m/ship did you sign up for.

 

I think their requirement for 3 months notice to be paid is unreasonable and is challengeable. All other gym m/ships require just 1 month's notice to be paid when leaving due to relocation.

 

I'd write offering to pay just 1 month's fee and give them 14 days to accept your offer. See this letter but adapt it to suit your case - http://www.consumeractiongroup.co.uk/forum/showthread.php?445378-Harlands-Xercise4less&p=4732307&viewfull=1#post4732307

 

Post a draft here first but keep it short and focused.

 

[makemineaginandtonic]

Thank you slick. I will post a draft here later for review. I was on a 12 month membership. I believe they haven't acknowledged my intent to cancel as the 3month buyout was originally only £130 and now further months have gone by which they haven't received payment for plus now the CRS fees. Neither have my current address at the moment. I would pay the 3 months to have this over with if need be.

[makemineaginandtonic]

SLICK132 I have used the draft letter as advised.

 

Dear sir or madam,

 

I refer to my membership at Roko gym in Gillingham.

 

I cancelled my direct debit mandate at the end of November 2015 and this was adequate notice of my intention to cancel my membership. This was due to moving at short notice at an hours commute to the gym and could therefore no longer use your service.

 

I should have made one final payment for the December 2015 payment and offer to pay this to you now. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you'll accept the amount of £43.95 in settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

 

 

Yours faithfully,

 

I didn't know whether to mention that I am not acknowledging the £360 on my account as stated by CRS or whether to give my new address for correspondence. (My old housemate can pickup any mail at old address if need be)

 

thank you once again

[slick132]

Hi MMAGAT,

 

Address the letter to The Manager, Roko Gym, Gillingham at the gym's address.

 

I'd change the 2nd sentence of para. 2 to say :-

 

This was due to moving 40 miles away at short notice so I could no longer use the gym.

 

I'd also add this to the end of para. 3 :-

 

The requirement for 3 months notice is unfair to me as a consumer and is excessive compared to the cancellation terms of all other gym memberships.

 

Also, start the letter by saying, "Please note my new address as shown above." and put the new address at the top of your letter.

 

Get a free Certificate of Posting when you send the letter from the PO.

 

Don't worry about the amount that Harlands/CRS say is owed. Ignore them for now.

 

Keep us informed.

 

[makemineaginandtonic]

Hello all

 

Just thought I'd give a quick update to say that the letter was sent off and am waiting to hear back from the gym but it's still within the 14day offer. Have had a couple of phone messages from CRS asking to call them back but that's it. Will update again once I have more

 

Thanks

[slick132]

Hi G&T,

 

Continue to ignore CRS and do nothing more until the gym replies specifically to your letter.

 

[makemineaginandtonic]

Thanks Slick.

 

Nothing from the gym today.

 

 

But had a letter at my new address from a company called EOS

stating they have been asked to contact me regarding a personal matter

and after carrying out a trace have been provided with my current address.

 

 

The letter then asks me to contact them so they can ensure their records are accurate.

 

Haven't responded to them yet. I did provide the gym with my new address in the letter as advised.

[slick132]

I've not heard of Harlands/CRS using EOS but maybe they use different DCA's depending on which gym they're chasing for.

 

Is it possible EOS are contacting you about a separate debt issue.

 

In any event, until they write telling you what they want to discuss, ignore this contact completely.

 

[dx100uk]

EOS Solutions typically chase lemon util bills

 

 

dx

[slick132]

Thanks for clarifying DX. Maybe it's nothing to do with the gym issue.

 

Harlands/CRS currently tend to pretend CRS are a separate DCA after Harlands fail to scare you, they then use Zinc and finally Spratt Endicott (their pet solicitors).

 

Keep us informed and we'll tell you who to ignore, and when.

 

[makemineaginandtonic]

Hi all,

 

You were correct,

turns out the EOS issue was a mess up with transferring one of the utilities

over to my housemate when I moved out.

All sorted now.

 

 

There are also two letters from CRS at my old address

both of which were posted before Roko received my offer letter and updated address.

 

 

One letter threatens with legal action and

the most recent letter says as slick said it likely would,

that the debt is being passed over to zinc group

and I have 10 days to respond to stop this from happening.

 

 

No reply from Roko yet but will update as soon as there is a response.

 

 

Thanks everyone for your help to date

[dx100uk]

Hi all,

 

You were correct,

turns out the EOS issue was a mess up with transferring one of the utilities

over to my housemate when I moved out.

All sorted now.

 

 

 

hope you told them NEVER EVER

pay or contact a DCA on a utils bill?

[slick132]

Hi G&T,

 

Write to Harlands confirming your new address and insist they use this - not the old one. Say nothing more to them than this.

 

Let us know when Roko reply, or not !

 

[makemineaginandtonic]

Hi slick

 

Unless there is something in the post when I get home today then Rokos 14 days are up. The last correspondence I had was from

CRS dated April 10th offering me 10 days to pay before the case will be passed to zinc group. Should I resend original letter to Roko if nothing turns up?

[slick132]

No, I suggest you nothing more for now.

 

The ball is in their court and you've no need to chase them.

 

[dx100uk]

start a new thread