Credit Resolution Services / Harlands

[CRSHater]

Hi everyone, first time poster here, and am drastically needing help please.

 

Basically I joined my local your gym, in April last year. Come to November, and I hadn't used it for one reason or another for a couple of months.

 

My husband, was going through the bank statements, and saw a DD to Harlands, didnt know what or who it was for, and then cancelled the DD.

 

I then start getting letters off Harlands, from Nov '12 onwards chasing payment; they added £25 admin fee each time.

 

We didn't respond to the letters (first mistake I know). I then receive a letter off CRS, stating that the balance due was now £195.45, which includes a £65.00 fee as CRS are now handling the case.

 

I now know that CRS and harlands are one and the same company, and its probably someone sitting at a desk opposite, who work for harlands.

 

So following slick132's posting in the other CRS/Harlands thread (sorry unable to post links), I sent them the same letter as slick first wrote. This went off to Harlands on the 6th March '13 recorded del.

 

I hear nothing off anyone until today, when I receive the following letter. - See attached.

 

Together with this letter is a whole heap of printouts from CRS, to do with the Ashbourne case. Everything can be seen on crs005 pdf.

 

Now we know that we should of not simply cancelled the DD, and once hubby finding out what harlands was, to continue the DD. I have no problem in paying what I actually owe (6 months of the remaining contract). But what I do have a issue with, is paying either the £25.00 admin fee, not to mention the £65 recovery fee, or what ever its called.

 

Could someone please put my mind to rest here, and inform me as to what I can do, as I am having many a sleepless night over this. I suffer from psoriasis, and this is making me even more stressed out...

 

Thanks to anyone who can help.

 

[ATTACH=CONFIG]42747[/ATTACH][ATTACH=CONFIG]42748[/ATTACH][ATTACH=CONFIG]42749[/ATTACH][ATTACH=CONFIG]42750[/ATTACH][ATTACH=CONFIG]42751[/ATTACH]

[slick132]

Hi CRSHater and welcome to CAG

 

Firstly, you have read other threads here so you should KNOW that Harlands and CRS have no authority or powers. So please stop stressing about this and certainly you should not have any more sleepless nights. We will help you as best we can.

 

Secondly, you are to be congratulated - NEVER in my years of dealing with Harlands cases have I seen such a long reply !! Harlands have, in the past, had a reputation for sending long letters but this takes the biscuit !!

 

Thirdly, a lot of what they say is rubbish, plain and simple. Their reply would be a little more plausible if they managed to spell the name of the High Court Judge, Mr Justice Kitchin, correctly.

 

Finally, what they say about their admin charges is nonsense. The charges are effectively penalties and are not enforceable in law. End of story !

 

Turning now to your case, please :-

 

1. Confirm the length of the agreement.

 

2. Tell us if you signed an agreement in the gym, consented to it on the gym's own system, or joined online.

 

I also want to see a scanned copy of the m/ship agreement. Scan it, hide personal data then post it here as a PDF, like those above.

 

[slick132]

Hi CRSH,

 

Further to my comments above, I have taken time to read the Harlands letter in more detail.

 

Their 5 page letter to you contains so many errors, I will not bother pointing them all out at this stage. The fact that they also enclose EIGHTY SEVEN pages of documents, to me, smacks of boredom (ie not enough to keep them properly occupied) and desperation.

 

The main point that strikes me is that Harlands asserts that, because the High Court ruling and Penal Order was made against AMSL, it does not affect or relate to Harlands. This is utter nonsense.

 

Any High Court case sets clear precedents that can be referred to and used concerning any similar cases. If Harlands felt the need to take County Court action against you (highly unlikely), you can refer to cases decided in higher courts to offer guidance.

 

Before I comment further on how you can proceed, I'd like answers to Q's 1 and 2 above please.

 

[CRSHater]

Hi Slick, my apologies in not getting in touch much sooner. Life has been a living hell recently.

 

I lost my father on the 1st April, so have had that to deal with, my husband was taken into hospital with serious back issues and required major back surgery, my mother has just come out of hospital from suffering stomach troubles (drink issues). Arguments within the family.. it goes on. So I have been running around literally non stop for the past couple of months..

 

Turning now to your case, please :-

 

1. Confirm the length of the agreement.

 

2. Tell us if you signed an agreement in the gym, consented to it on the gym's own system, or joined online.

 

I also want to see a scanned copy of the m/ship agreement. Scan it, hide personal data then post it here as a PDF, like those above.

 

To answer your questions.

1: 12 month period

2: signed in the gym.

 

3. I will have to dig out the membership agreement, but we are going away on holiday shortly for a couple of weeks, so i'm afraid I will have to do this when I get back.

 

In the meantime, I can confirm, that CRS / Harlands have chased me via phone literally every 3-4 days. They have left voice texts, and have rang my husband whilst he is at home working, asking for me. I have not spoken to them or contacted them, as they have been the least of my worries recently.

 

Many thanks, and once again I apologise in my lateness.

[slick132]

Hi CRSH and I'm sorry to hear of all that you've been going through recently.

 

If you're going away shortly, enjoy your break and forget Harlands and CRS for now. We can deal with them on your return.

 

In the meantime, you could drop Harlands them a short letter saying :-

 

Dear sir or madam,

 

I refer to your letters and numerous calls recently about my gym membership.

 

I have been unable to deal with matters recently due to a bereavement and other pressing personal matters. The steady stream of calls from Harlands and CRS has been an unwanted distraction at a time when it was least needed. The calls amount to harassment and will not be tolerated.

 

If you must continue to contact me, I request that you do so in writing only as I am unable to deal with your incessant phone calls. Also, your 5 page letter of xxdate enclosing 87 pages of documents was most intimidating and unnecessary.

 

If you continue with these calls or lengthy intimidatory letters, I will make a formal complaint to the OFT without further warning.

 

Please note I will not be paying any admin charges because, despite what you suggest, they are penalty charges.

 

I will be away until XXXXXXX [whatever date you're back from hols] so please stop harassing me until I am back.

 

In the meantime, to enable me to properly consider your demands, please send me a copy of the membership agreement which I agreed to along with the related terms and conditions.

 

Yours faithfully,

 

Go and enjoy your hols as best you can and we'll be here to help further when you're back.

 

Edited May 25, 2013 by slick132

[CRSHater]

Many thanks Slick.

 

I really do appreciate your efforts in relation to CRS, as I am sure many others on the board do too.

 

Take it easy, I will get the letter out to them today, so then will have it on Wednesday, and see what they come up with on our return.

 

I will naturally keep you updated.

 

Thanks again my friend

[CRSHater]

Hi Slick.

 

We have come back from a blissful holiday. One we both really enjoyed.

 

Then our friends CRS come back on the scene again. I received this in the post last week.

 

Please note, yet again there are a number of pages, but they have also sent their terms and conditions, and a copy of my original web app form.

 

I'm having issues uploading some of the pages, so may have to do a post at a time here. Theres only 9 pages this time

[CRSHater]

Documents removed by Slick

 

Edited June 28, 2013 by slick132

[slick132]

See the guide here for how to uploads the documents - http://www.consumeractiongroup.co.uk/forum/showthread.php?345798-Roxburghe-HFO-old-barclaycard-debt&p=4174953&viewfull=1#post4174953

 

Or you can just tell us the basics of what they've sent you.

 

[CRSHater]

Sorry about that.

 

Hope this is better and readable. Thanks again

[CRSHater]

Page 4, is the Administration of Justice Act 1970 Chapter 42 Part V

Miscellaneous Provisions

40 Punishment for unlawful harassment of debtors

1, and 1a. Highlighted.

3, 3a, 3b - highlighted

 

Protection from Harassment Act 1997 Chapter 40

1 Prohibition of harassment

1, 1a, 1b Highlighted

3c - Highlighted.

[CRSHater]

Finally scan of the t&c's, and web application.

[slick132]

Hi CRSH,

 

Glad you had a good hols !

 

I'll unapprove the PDF's as they show name and address and other stuff but I've seen enough to reply usefully.

 

Harlands have taken a shine to you and seem very keen to explain their every move. Perhaps the OFT are still breathing down the necks of gyms and their admin companies. In any event, let's try and bring this to a close before Harlands and CRS use another forest-worth of paper.

 

You accept that the DD was cancelled in error and you didn't re-instate it or pay what was due for the remainder of the agreement. You're happy to pay the balance of 6 months' fees but not happy to pay them a penny in charges.

 

The first DD was due on 18th May so the final one of the 12 month's would be due on 18th April 2013. So you'll agree to pay £95.94.

 

Please confirm if this is correct and I'll draft a response to hopefully close the matter.

 

[slick132]

My suggested response to Harlands:-

 

Dear sir or madam,

 

I refer to your CRS letter of 21st June.

 

I accept that the DD mandate was cancelled in error when my husband did not recognise Harlands as a legitimate payee.

 

I further accept that 6 payments of £15.99 should have been paid for the DD's due on 18th November 2012 to 18th April 2013 inclusive.

 

I will pay you a further £95.94 in respect of this membership agreement with "Your Gym" at Eccles.

 

If you agree to accept this amount in full and final settlement of all amounts payable, I will pay it within 14 days. Please confirm to whom the cheque should be made payable.

 

No admin charges will be paid as previously stated.

 

Any such amount charged must reflect actual costs incurred and not exceed damages the gym has suffered due to the breach of contract, otherwise it becomes a penalty, which is unenforceable. Your admin charges exceed the gym's losses and are not enforceable by law. This is covered in the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law.

 

If you fail to accept my offer within 14 days, or demand any higher amounts, my offer will be withdrawn.

 

Yours faithfully,