Credit Resolution Services (CRS) Extortionist!

[war1974]

well i must be lucky as the have sent a genuine county court letter through my issues were the fact that a, they closed nottinghams sauna steam and jaquzzi down for 1 month to refurb but offered no recompense for this!

b, once the work was done the sauna had about a 2inch gap at the top so all heat just went out!

c, in the same sauna a few days later (after complaining and being told 'fill in a card') i sat on the bench the wooden slat came up just missing a memebrs face by centimeters!

anyhow after this main complaints plus things such as heart rate monitors not working tv not working doors hanging off in the changing rooms etc etc etc and filling in lots of 'cards' i cancelled my membership with them by card handed in to the receptionist with a verbal statement of why i was cancelling (they were not meeting minimum stardards that would be expected), this was in 2007 the crs started sending letters to my old address (the one i had before moving down to nottingham!!) i only foud out when an irate ex informed me!!

late last year they managed to 'find' me at the address written on the contract:x and the letters started i replied by email stating the above reasons and with the take me to court attitude or stop trying to bully me! so now i am getting together my case in response!

surprisingly roko dont have my cards anymore or any record of them and they are holding me in breach of my contract! will let you all know how it goes or if any advice or similar stories especially from the nottingham club i will enclose in my defense:-x will never join a gym again:-x

[sillygirl1]

I had an issue a while ago with Fitness First, but ended up putting in a defence and they discontinued their claim.... they hadn't properly cancelled my subscription after serious illness where I was advised not to exercise. I handed in a letter to the gym, sent a recorded delivery letter to them AND their head office, and backed it up with emails to both. A DCA came chasing and I told them to get lost, then the court form turned up. I listed everything I had done to let the gym know of my circumstances, including the 'evidence' of letters, recorded delivery proof of collection etc etc and they caved in.

 

I think these gyms need to be reported also to their local Trading Standards as well as the OFT etc as their contracts are very onerous and do not give YOU any benefits, only THEM.

 

I am with a different gym now with a nice swimming pool (I have the pool to myself a lot which I like as I am not very good at swimming) and the management are very very helpful. If anyone has a Spirit Health Club near them I would recommend them!

[sassy626]

War1974 - it must be a nottingham thing since I am a lucky one too. Defence filed. Interestingly the CRS charlatans have dropped their admin claim by over 60% - just adds credence to my claim that they were behaiving in a harassing and intimidating manner when they were trying to extort such large amounts out of me previously.

[war1974]

well i lost due to my defence taking too long to arrive the court just sent my forms back not sure if this is legal or not any advice would be great as it now looks like they will come a knocking! mind you they will still get sod all from me unles they manage to get into my home!

[sillygirl1]

You can ask for a redetermination of your case, on form N244 or N245 (can';t remember which one offhand) on the grounds that your defence wasn't heard. It has been known for Northampton to be abused by DCAs setting their systems to record no defence when one has been submitted. This is why you should ALWAYS fax your defence to the court a couple of days before the deadline, rathe than leave it to the last minute. Sending the defence to all partties concerned is always a good idea anyway.....

[war1974]

many thanks will keep you posted on any future events/outcome!

[sassy626]

N244

 

Although it is about insolvency - this is quite helpful about setting aside default judgements.

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php

 

Two points to note - there is a cost and there probably needs to be a good reason for not meeting the deadline and a chance of success (although how that can be determined without properly hearing your defence I do not know).

 

I think the 28 day time period is a disgrace. Having family overseas it is not at all uncommon for me to be out of the UK for that length of time most recently over Christmas/NY.

[ambar1]

I have read all the posts on this thread and I find myself in exactly the same position as the majority of you with CRS so I won't bore you all with the details. I did however speak to CRS recently and have agreed a monthly payment with them but am reluctant to pay their fees and would rather pay my gym the monies outstanding to them. All comments would be appreciated. Thanks

[talbotsteve]

Just found this site after searching for info on CRS. I had a text on my personal mobile the other day quoting "hi this is Sarah from CRS can you please ring back asap with ref*****" needless to say I didn't ring them back. The next day I got another text stating "If I want to avoid a representative visiting my premises I must ring immediately with ref*****".

I have no idea what they want and having read this thread am extremely apprehensive of ringing them up. Shouldn't I get something through the post or have a good idea of exactly who it is I owe money too????

Any ideas welcomed.

Steve.

[teaboy2]

This will be a useful case law for defending and getting any gym membership related statutory demands set aside - http://www.consumeractiongroup.co.uk/forum/showthread.php?307903-Possible-New-Case-Law-Against-Mobile-Contract-Early-Cancellation-Fees

 

Basically the high court ruled the cancellation fees unlawful and the minimum duration of contract unfair.

[gymripoff]

In a nut shell, i took a 24month contract out with FITNESS SOLUTIONS which i cancelled due to personal reasons, for which the staff member agreed and said it was ok he would cancel for me until i can rejoin.

 

This was last august, now on the 3rd of may I received a letter from CRS requesting over £600, stating "if you do not call us by 10 may 2011, which may lead to you being taken to court". I spoke to the gym who were utter useless in the whole matter, basically wiping their hands of it and any responsibility of it.

 

18th may - received another letter "extremely Important - final demand", stating failure to respond will mean legal action which could include "

-ccj

-court hearing in front of judge

-direct monthly payments being deducted from your wages

-siezure and sale of your goods and property by baliffs

-removal of the balance from your bank account

-balance deducted from sale process of your home via charging order

-Home visit

 

So i contacted them to no avail they advised you have to pay the balance or legal action, advised them of the situation but the women was an ametuer and couldnt listen and take on board what i was saying.

 

3rd June - another letter "EXTREMELY IMPORTANT - COURT ACTION IS DUE TO COMMENCE AGAINST YOU"

 

This was together with a COPY of a county court claim - requesting unless i contact them by 13th June to settle or discuss solution a claim will be issued through the courts.

 

(is this just a letter scare tactic they use or do they actually issue a proper claim form from the court if nothing is done?)

 

again it stated possilble proceedings.

 

the membership amount to £400

ut they have added on - admin fees £50 - debt recovery charge £167.39

 

also its states " the claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 3 JUN 11 up to the date of judgement or earlier payment at a daily rate of £0.14"

 

Can they add they add this interest even though it wasnt signed for and add these fees? I have contacted them and spoke to a very amatuerish guy - they also say theres a fee of about £2 per payment if it was to be paid monthly - also questioned him if calls recorded and he said no they dont have to? Is that legal also

 

Will these guys realy go through with a ccj and is there anything I can do about these fees and interest charges? I asked who governs them and he didnt know he just said its on the letter!! Im thinking of offering a settlement to get them off my back but should I bother or should I just ignore the letters. I dont own a property, live with my parents and have no assets. Any advice would be great!!

 

I will be contacting the OFT tomorrow regarding the payment fee's and calls recorded.

 

Any advice?

[teaboy2]

Send them A letter Qouting this The Office of Fair Trading v Ashbourne Management Services Ltd &ors [2011] EWHC 1237 (Ch).

 

Print of the following document - http://www.hendersonchambers.co.uk/CMS/userfiles/file/Alerters/Alerter%202011-06-01%20OFT%20v%20Ashbourne.pdf And attach it to the back of your letter, but in clued a referral to the attached print out in your letter.

 

Then in 3rd and final paragraph put - "your claim is based on contracts core term that has been deemed in court as unfair and your demands for cancellation fees are also unlawful as such cancellation fees were deemed by the same court to be unlawful. Now either put up and shut up, or put your money where your mouth is and take me to court and see who wins given the case law above!"

 

That should shut force them to rethink their plans lol

 

Bascially given the above case law, they would be very foolish to take you to court.

[gymripoff]

Ok thanks, I have spoken with national debtline - they are very helpful. Im thinking of just offering a settlement to clear the debt and get rid of them, as I have come to the conclusion I have been done by Fitness solutions who have mislead me into thinking i have cancelled but they didnt, they have wiped their hands of the situation and basically lied throughout the process of sorting this out. stupid me i didnt get any written proof, I am willing to pay the amount of the total gym membership £400 but not the fees of £200. Other than that all I can afford is £1 per month. Has anyone ever had a ccj taken against them by this company?

[sillygirl1]

I would re-read the above court case, the have NO CHANCE in court now as you can cross reference the above case.... case history comes into play here and there is strong evidence that these gym contracts are completely unfair...

 

I personally would not pay them a penny and write back asking for the alleged amounts to be removed from your credit files in view of the above verdict.

[teaboy2]

As silly girls said, the contract would not stand up in court.

 

So even though you thought you had cancelled, and the failed to process your request, which you have no evidence off. It doesn't matter as the contract that was in place is unfair and contained unlawful terms and therefore likely to be void as a result of the mentioned court case i referred you too. So do not pay them a penny, just do want i suggest a couple of posts back - They will soon go running with their tails between their legs

 

Basically the new case law on the contract itself invalidates such contracts, therefore no debt exists in the eyes of the courts

 

And yes as Sillygirl said, make sure they remove all records/notes they have placed on your credit file for this account.

 

By the way, It would be for them to prove that you did not verbally request to cancel your gym membership, its not something for you to prove.

[gymripoff]

Thanks for quick responses!! keep them coming. Yeah I have spoken with national debt line and trading standards, both of them have more or less said as theres no proof of cancellation then theres nothing I can do as I had signed the agreement. But I can dispute their charges and any interest.They have sent a copy of a claim form from which the national debt line have advised me is very naughty as its comes under the section 2.8k OFT Debt collections guidance act that they cant use unfair tactics and use undue pressure which this copy clearly is!! The advice has also told me if i am liable for not cancelling properly and without proof, I may have to pay via a settlement or pmt plan or dispute the debt. They have told me to deal in writting only.But I stupidly called CRS to offer 50% settlment or nominal payments of £1 per month but they rejected both and said will take £50 off the balance as settlement, the operator kept on the same script throughout the call "we only accept £10 or full balance otherwise it will go to legal" I made them aware they cant force me to pay what I cant afford, explained my circumstances to which there was no reply other than "£10 or full amount". I asked to speak with someone who is legally qualified or manager and was told they are all in a meeting and can only speak to them and no one else will offer anything else.WHATEVER YOU DO, DO NOT CALL THEM!! They consist of a load of unqualified,under educated,low paid people who they have pulled off the streets to collect as much as possible. You cannot negotiate with these people. I dont want this to go anywhere near the courts as dont want the hassell of having to put a case together or defending it, so I have been advised to write in and offer of settlement or £1 payments and go from there. I have also been advised to request a full statement / copy of agreement and Subject access report.Has anyone on here had it go as far as issuing a proper claim form?

[carlybear]

Hi I am having exactly the same problem right now!!!! what is a CCA? and how do i get one etc?

 

send the debt collection a CCA.

 

Did you sign a form when you created your membership?

 

I would send them the CCA recorded delivery AS SOON AS POSSIBLE, then they are not allowed to chase you for the debt until they can prove the debt actually exists.

 

Hope this helps, and hang in there, somone else will be along shortly to help u out.

[carlybear]

Hi I am having a huge problem with these guys as well!

 

I signed an agreement and do have it but alas did not check the small print outlining it was a 12month membership ( which I would never have entered as I work abroad 6months per year!) I sent a cca form and they didnt reply within the 12 working days they have emailed me saying they have all correspondance etc and if i dont make a payment within 10days action will be made against me is this right? Also regarding the charges how would I go about contesting the additional charges can I?

 

Please help as I'm only 22 and have no idea about any of this and am due to go back to work abroad in 2months!

 

Kind Regards

[DAVIDB69]

Hi,

 

Have been having issues with these idiots last year and now they are back again, it concerned a £324 debt to Moneyshop about 3-4 years ago regarding a Pay Day Loan.

 

I heard from them a year ago, they text messaged my work number, so I had no option but to phone them, sent them a letter recorded delivery asking for the CCA as I wasn't sure about the amount also stating in no uncertain terms not to call my work again quoting the various harrassment acts. They stated they would remove my work number from their system

 

At the time they claimed that they only sent out CCA's by email:???: so stupidly I provided an email address that since I no longer use.

 

I never again heard from them in any shape of form until today.

 

So what do I do, do nothing and see if they contact me again, my landline number has since changed also. If they can only contact me by letter I am not that worried, however slight worries in case they somehow get hold of my various phone numbers again

 

Should I threaten them with action by letter as they never responded to the original CCA request.

 

I still have a copy of the CCA sent recorded delivery last year, I have never heard from them in any shape now they are back with another letter today

 

Any advice greatly appreciated

Edited July 4, 2011 by DAVIDB69

[carlybear]

Dont quote me on this but i'M SURE IN ANOTHER THREAD IT SAYS THEY HAVE 12DAYS TO REPLY AFTER YOU SEND A CCA AFTER THAT THEY CANNOT PUT ANYMORE CHARGES ON ADN THEN THEY HAVE ANOTHER 30DAYS TO PRODUCE YOU CCA OR THEY DONT HAVE A CASE AND YOU CAN REPORT THEM IF YOU WISH T THE OFT NATIONAL DEBT LINE AND TRADING STANDARDS I THINK IT WAS THIS THREAD BUT IM AT WORK SO CANT READ THROUGH IT PROPERLY RIGHT NOW HOPE THIS HELPS YOU! THEY EMAILED ME SAYING THEY HAVE ALL THE CORRESPONDANCE AND MY ORIGINAL CONTRACT THROUGH EMAIL i SAIDF I AM STILL NOT ACKNOLDGEING THIS CLAIM AND TO SEND ALL THE CONTRACTS ETC IN THE POST SO WE WILL SEE! XXX

[carlybear]

ok it wont let me post the thread but google credit resolution services extortionist and it should be the first consumergroup link you see it will be about goldys gym x

[carlybear]

I have just recieved this via email......

 

Dear Miss Crichton

 

Re: CRS Ref No: 888080 / Motiv8 Personal Training Ref No: MO140

 

Further to your e-mail of 4th July 2011 we wish to advise firstly that the agreement you have entered into with Motiv8 Personal Training is not a credit agreement and therefore The Consumer Credit Act 1974 does not apply.

 

We will, of course, send copies of all previous correspondence to you via post to your UK address immediately, including a copy of your agreement.

 

With regards to the charges you have incurred, we charge £66.50 or 36% of the initial debt (whichever is higher) for employing our services. As you have agreed in the terms of your contract to be liable for costs in employing our services, this charge is due from you to us. This charge is solely for employing our services and there is no further breakdown.

 

Yours sincerely,

 

David Croucher

 

Collections Department

 

So does the cca i originally sent count or what please please please help

[carlybear]

I have just recieved this via email......

 

Dear Miss Crichton

 

Re: CRS Ref No: 888080 / Motiv8 Personal Training Ref No: MO140

 

Further to your e-mail of 4th July 2011 we wish to advise firstly that the agreement you have entered into with Motiv8 Personal Training is not a credit agreement and therefore The Consumer Credit Act 1974 does not apply.

 

We will, of course, send copies of all previous correspondence to you via post to your UK address immediately, including a copy of your agreement.

 

With regards to the charges you have incurred, we charge £66.50 or 36% of the initial debt (whichever is higher) for employing our services. As you have agreed in the terms of your contract to be liable for costs in employing our services, this charge is due from you to us. This charge is solely for employing our services and there is no further breakdown.

 

Yours sincerely,

 

David Croucher

 

Collections Department

 

So does the cca i originally sent count or what please please please help

[laura3865]

Rewritten below

[laura3865]

Hiya I have been reading through the posts and was wondering if anyone could let e know the best thing to do in my situation cos its a bit different.

 

I had a gym membership like everyone else on here (who knew exercise would end up being bad for me lol) I was a member of Ladyzone Gym and it is Harlands who collect their payments.

 

I'm a student so got behind on my payments :s I joined in August 2010 and paid that month then missed two payments and paid some money owing at the end of October to Harlands group and called Ladyzone to put my account on hold for three months (until the end of Jan 2011 so I could wait for my student loan and get my payments up to date).

 

On the 12th of Jan CRS sent me a letter saying that the debt had been passed onto them and I owe £349 for the full 12 months plus £122.15 or them taking over my debt. I haven't used the gym since October 2010. With hindsight I wish I had got onto Ladyzone to find out why this had happened when my account was suspended, but I wasn't sure of my rights so just kind of accepted it and set up a direct debit to pay off £30 per month to them (which cost me £60).

 

I paid this direct debit until I lost my part time job so in May they tried to take the payment twice and when it failed I was charged £55 each time. So this is where I am up to. I have now got a new job but I am reluctant to pay when after reading these posts it is obvious how unfairly this group treats people and I might be within my rights too write off the money owing to them.

 

If anyone has an answer for me it would be much appreciated there seems to be loads of clued up people on here so thought I might as well post what looks like my life story lol! Also I asked them for all of the letters they have ever sent me (there have been about 15) and they have only sent me 3, they seem to have conveniently forgot to include the ones where they are threatening court action!!!

 

Thanks

 

Laura