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    • Hi,   Stumbled upon this website and I see the general advice is ignore CRS and that they can't do anything but thought I'd make my own post as I'm still anxious and don't want debt collectors to turn up at my parents home.   Facts: - Joined Xercise4less in June, 2017. I paid £11.99/m - Finished uni in July 2019, so I wanted to cancel membership as I was moving back home and the closest X4less gym would be 50miles away.  - I initially put in a freeze request (thinking it's to cancel). When I told my friend he said I need to fill in a different form to cancel the contract. - I was confused so I confirmed this with someone working at the gym. They explained even though my 12m contract has finished, in order to cancel the contract I would have to give 30 days notice using a form online and cancel my DD. - So I completed this online form that same week and canceled my DD a few days later.   * Fast-forward to 20th January 2020 *   - Received a letter (to my parents address) from CSR yesterday (20th). Asking me to pay £213.47 including their fee of £102.50. - I was at work when my parents send a pic of letter. Return address said HGC - a quick google search shows them as Hutchison Global Communications aka Three.  - What did I do next?  Since I didn't have the letter in front of me I asked my parents for the number & reference on the letter. - Then stupidly called CRS thinking its Three and it's regarding my recently cancelled phone contract.   What I told CRS on the phone: - When I found out it was about my cancelled gym contract I explained in detail several times how I correctly cancelled my contract back in July 2019 and I will not be paying the outstanding amount. I didn't even use the gym. I did say I may be open to paying the monthly fee. - Advisor said Harland got my freeze request but nothing else, no proof = you must pay or they will continue to purse me. He also said outstanding amount is not negotiable and me not using the gym is irrelevant. - I asked for Harlands contact details, CRS refused to give it to me because Harlands will not discuss this matter with me.   After 15mins of going around in circles, me explaining what happened and advisor saying I must pay, I finally I said I am not in the wrong here. I filled the form correctly, and it said 'submitted. If their system didn't receive my request it is not my fault and I cannot be held accountable for an error on their part. So I don't agree with the charges and will not pay it and ended the call.   Other info: - CRS said the charge of £213.47 is for membership from October 2019 - Dec 2019 + late fees + CRS fees. - Told the advisor I no longer live at the address they sent the letter to. He asked for new address and I refused to give this out, so they will add an additional £36ish for tracing my new address. - Apparently they sent several letter to my old address but I know they didn't because I still have friends living at that address who would have told me if anything addressed to me came through. - I believe the system didn't acknowledge my cancellation request since a freeze request was in place but that doesn't mean I owe them any money and definitely not £213.47.       Thanks in advance!      
    • Here are the above letters vanquis.compressed.pdf
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    • Hearing of Boris' problems ringing Big Ben,  Jeremy K. Hunt; in an effort to ingratiate his way back into government; offered his services ....         He said he would offer to run the injured parties to hospital, as long as they had medical insurance  
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josh010

Installation of summerhouse.

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Please can someone advise me on a rather disturbing matter as follows I would be most grateful indeed.

 

 I took out a contract with a shed Company for the installation of a summerhouse at the bottom of my garden.

We had two site visits in total from them to check and clarify that the job could go ahead.

The order date was placed on 6th September 2019.

 

We had agreed with our salesman, that employers from the company would come out on agreed dates.

We agreed the following dates with Bentley directly.

 

On Wednesday 30th Oct and Friday 1st and Mon 4th Nov; this would include moving and dismantling the existing shed and erecting the new summer house.

The total amount was agreed and signed for £6470, with a deposit of £1941 (paid full in cash via bank transfer).

 

A finance agreement was drawn and signed with confirmation of our finance successfully going through.

This was a 0% interest deal, over 3 years.

This had all been processed by 10th September 2019. 


On Wednesday, two men arrived and they dismantled the existing shed.

The potting shed was disposed and everything ran smoothly.

 

During our discussion with David Missen (who was our main source of contact) it was agreed that 4 men would come to move (temporarily) the storage shed and then start building the summer house. 

 

Today (1st Nov 2019), two men arrived and from the immediate start there was instant hostility.

The fence panel (to allow the men access to the garden) had already been removed.

 

I went out, leading the way into the garden and the two men drove their truck around the corner so they could park their truck, expecting them to start.

Within minutes one of the men had stormed across the garden, into our patio door, banging the living room door, declaring they could not complete the job. 

 

In his words, the storage shed was full of "shit" and it wasn't a two man job, "we need four men."

At this point I was made to feel vulnerable and threatened by the tone of his voice.

 

I remained calm and explained that we had paid for this installation and in regards to the contents of the storage (electrical items which haven't been left outside because of the current rain) I would move these as soon as they were ready.

 

By now the second man had joined him and they proceeded back down the garden, now stating "what about all that shit?" in reference to 15 bricks and a plant pot.

I was at this point feeling highly intimated by this point but also angry at their rude demenour throughout this whole process. 

 

I resorted to saying that this was their job and didn't know they expected me to level out the ground for them, to which one of the men replied "up to you mate."

My wife (who was indoors) had now started to walk down the garden path, when both them declared I had been swearing at them upon noticing her arrival (no one else was at the bottom of the garden during the above description).

They had arrived at 10.15am.

They had left by 10.30am. 

 

We rang the office 4 times immediately after this episode.

At 1pm, following our calls, a man called Jon arrived offering a resolution.

 

His resolution was that we were prepared to have a base installed and the summerhouse would be built at a later date.

Jon was sympathetic, friendly and did state that the job wasn't a difficult one and he couldn't see what the issue had been.

 

We stressed that we did not want the two men who arrived today and if there was no one else, then they must be supervised.

Jon (without any agreement of a resolution) stated he couldn't do anything about the men and nothing would be done in terms of supervision if the same men were to return.

Jon stated that we would hear from him at 3.30pm/4pm.

 

At 1.31pm we recieved an email from Hitachi Finance Company to say our finance agreement had been cancelled. 

 

We sent a corresponding email to clarify if our summer house was still going ahead.

At 4.26pm Iain Bentley (Managing Director) stating ""Chris and Luke the two men who came today would not return because of your abusive behaviour.

We are no longer able to fit the Timber frame or carry out moving of the existing shed.

 

...to move forward, The building is now made, it cannot be cancelled as it has been produced bespoke requirements therefore you are liable for the full amount as per our terms and conditions. £3440.50 is the balance owed."

 

I am in complete awe and in disbelief that I have encountered this horrific episode.

The message from Iain Bentley clearly declares us as the abusive perpetrators who are being held for behaviour and actions which were never committed. 

 

Any of the emails referred to or referenced in this email can be provided in full, upon your request. 

I implore you to help my family and I come through this nightmare as the distress this has caused is unimaginable. 

 

They have now demanded full payment and cancelled the Finance and also advised us we have to pay cancellation charges and owe the full amount or the summerhouse will be destroyed and we will still owe them the full money,

 

is this allowed in law and what can I now do to take this matter up within the Courts.

 

 

 

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is the installation part of the contrat price? If so then as they wont install the summer house they are in breach of contract and at best the whole thing is said to be frustrated as neither can continue with it. tell them that as there is now no contract it is not possible t refer to nay aprt fo somehting that doesnt exist.

 

I'm sure that they will make a lot of noise to bully you into paying as their employees ahev so far sucessfully bullied you into letting them do nothinga nd walk off the job.

 

You need to put things in writing to state where you are from your point of view and that si they are refusing to abide with the agreeement and install the summer house as per specification.

Now they might accept that and then say that they get to keep the deposit but that isnt so either. their losses are actually quite minimal at this stage because the summwer house is still a kit made to a common pattern from common materials so they can easily sell it on so we are talking about an hours labour by the 2 rude men as being the only actual loss.

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Thank you so much Sir

Your kind assistance is very much appreciated 

 

I have noted the matter and have written to them accordingly.

 

God bless

 

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Hi 

 

I have now received a letter from them stating get the base done from another Company or they will sell the shed and recover what they can and the remaining debt will be mine, they have lied about me being abusive to them and stated the contract for the shed cant be cancelled, yet they have cancelled the finance and the base, but now say they will also sell the shed and pass the debt to us, is this real?

 

I am at a loss as to what the hell they are doing?

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they are saying that they are keeping the money you have paid and if you make a fuss they will claim you owe them more.

 

The reality is they are miffed at losing their commission for the finance agreement and the risk is now shoved onto their shoulders rather then the finance house.

 

they arent saying they are going to sue you, just deem that you owe them money.

 

Now if they do sell the shed and get more than it actually cost them to make will they pass on the profit to you? of course not so this threat is nonsense.

 

what do you want to do?

doing nothing and accepting the lost deposit is the easist, you can sue for the money back as they changed the terms of the contract after getting your agreement and thus repudiating the contract or they may try and sue you but they then risk a judge making them return your deposit money.

 

I suspect they will make noise and maybe write again telling you the sky is going to fall in but actually do nothing  because they arent actually oit of pocket

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Hi Thank you so much Erics brother

 

They have sent the letter below

confirmed that we are wrong

 

we have not accepted this and are considering to take Court Action as their terms and conditions seem unfair as well as the Cancellation of the contract.ir

 

Please advise if they can do this and how we can pursue this matter now:

 

We can only assume that as you have not replied to my previous email that you do not require your building to be delivered and erected. I did offer you an alternative contractor to fit the base however to my knowledge you have not contacted him. We do need to know your intentions regarding your building as we will (as explained) sell your building for whatever we can achieve for it leaving you liable for any shortfall from the original purchase price less deposit paid.
 
Mr Bentley has taken legal advise, giving them the full and unfiltered facts about this purchase and our legal experts have left us in no doubt that we are acting fairly and within the law in pursuing this matter. They are looking forward to receiving the paperwork from your solicitor.  

 

As per our terms and conditions paragraph 10.  Cancellation: An order for a building or services can be cancelled at any time up to commencement of the work. Cancellations are subject to a cancellation fee of £50 + VAT. Once manufacturing of the building or installation of the services has commenced, you will remain liable for the full balance.

 

They said they can not refund the money and will now sell the shed and any loss we incur will be our fault, we have continuously advised them that they cancelled the agreement and as a result their actions are not right, they just dont seem to care, all these owners are Councillors and Mps of this shed Company I have written to the s Standards, and they have not responded to date.

 

this is our response to the above:

 

there was no abusive behaviour and no one was treated by us disrespectfully these are fabricated matters not to carry out the work, we ask them to swear on oath the abuse and the behaviour they allege and if they felt threatened why was the police not called.

 

The Job needed 4 men to lift the shed and not two, this was the issue and we confirmed this with you, the workers refused to lift the shed and were told to get their manager, the manager arrived and left being here 25 Minutes and told us he will find a way forward- 

 

Mr Bentley cancelled the Finance agreement, the Contract with Bentley's if for 0% purchase agreed on the contract, and formed the contract which is cancelled, pleas see that you deal with this point as you seem to disregard this and this matter is what the Court will now look at.

 

We have now passed the matter to our solicitors and we have concluded that there was no resolution as you have cancelled the contract and then used Sec 10 to cancel your own contract, this is a unfair term, especially considering that it was bought on 0% finance and this too was cancelled by Mr. Bentley, therefore by the time you got involved, there was no reasonable offer to resolve the matter and it was indeed a farce to show the Court some form of action was taken by Bentleys, when in fact the Rug had been pulled from our under our feet by Mr.Bentley.

 

We are unable to accept Clause 10 as this was never confirmed to us as the reason for the Cancellation of the Finance and the agreement, any loss incurred by us will be the responsibility of Mr.Bentley which we have already detailed. Indeed the Contract is So unfair we will ask the judge to release any of the contracts made by Bentleys as this is a Unfair condition which is illegal.

 

We thank you for trying to resolve the issue David, but Mr. Bentley has been less than considerate in this matter regarding the above and the Judge needs to consider these actions and our position. The only way to resolve this is to put the 0% in place, install the base as agreed and then install the summerhouse, however we are now not prepared to deal with Mr,Bentley as he has already left us out of pocket and we have no confidence in his ability to assist us.

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Did you think they would send a letter saying that they werent wrong?

Cancellation fee is unlawful anyway and that is enough to make the rest of the contract unenforceable.

time to stop being polite

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Thank you so much ericsbrother, I have submitted a claim on line today sighting the Cancellation of the CCA 1974 agreement which caused a fundamental breach of the contract in addition to the lack of work they did not do.

 

I am told they must reply by 04 Feb unless they ask for a extension, I have stated all on the form so hopefully it will be considered fairly as we have acted reasonable at all times.

 

 

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and now you must be single minded.

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