CRS / EQL Gym membership debt claim

HandsomeJohnny

Hi All,

I'm fairly new to this forum so apologies if I've posted this under the wrong topic but this looked to be the most relevant section.

I took out a gym membership with Bodyzone in Newcastle upon Tyne and initially agreed a 12 month contract at approx £32 per month. However, during my contract, the gym changed their membership packages, removed the 12 month contract element and dropped their monthly subscription to approx £15 with no contract. I enquired as to whether I could change to this new arrangement and was advised (in writing, via email) that as I had completed 6 months of a 12 month contract I could be changed over immediately and should contact the receptionist at the gym to arrange. I did so (in person) and was advised to cancel my existing direct debit and the gym would take care of the rest.
Due to an injury (sustained at the gym) I did not attend the gym again and assumed as I had written confirmation that I would be moved to the new arrangement (no contract) that I was under no obligation to make any further payments as long as I did not attend the gym. Over the following months I received no further correspondence from the gym, but received a letter from a company called Credit Resolution Services who claimed that I was in debt to them to the sum of £231.50.

I contacted CRS and advised that I did not accept their claim nor acknowledge any debt to either CRS or Bodyzone gym. I explained the situation and forwarded the email confirmation I had received in writing from the gym manager. I advised that I would not correspond by telephone and that all contact should be in writing. I was contacted again by CRS some months later advising;

"Further to the above matter, we have spoken to (Receptionist) @ the Gym, whom has confirmed, that as you did not pay the required Transfer Fee in the sum of £30.00, your Membership was never changed.

In view of the above, this debt is valid and due."

The confirmation email that I received did not mention a "transfer fee" nor was this mentioned when I visited the gym in person. I responded to CRS advising that their actions in no way validated their claim and that the written confirmation I received contained no mention of a £30 transfer fee. See below:

"Hi (Name removed),

Please call into the club and see (Receptionist), so long as you have completed 6 months of a 12 month contract we can change immediately, (Receptionist) will explain the rest.

Kind Regards

(Name removed)"

I have advised CRS numerous times that I dispute their claim entirely and acknowledge no liability to themselves or the company that they act on behalf of. However, this morning I have received 2 emails from a company called Equidebt Ltd (EQL) who have advised that they are acting on behalf of CRS. See below:

"Dear (Name removed),

Creditor: Credit Resolutions Services

Reference: (Removed)

We have been instructed by Credit Resolutions Services to collect your unpaid Gym Membership Direct Debit.

It is important that you contact us immediately to resolve this outstanding debt of of £231.50

Call us after 8am on 0800 032 4280 or visit (website) to make your payment in full.

Our hours of business are: 8.00am and 8.00pm Mon - Thurs, 8.00am - 6.00pm Friday or 8.00am - 1.00pm on Saturday.

Yours sincerely,

Equidebt Limited"

I hoped that one of you guys may be able to help with my understanding of my legal position here. I did sign an agreement at the beginning of my membership, but then received written confirmation from the manager that this would be changed (immediately). I at no point signed any agreement with CRS therefore am unsure as to why they have been named as "creditor" by EQL. I've had dealings with EQL previously regarding intimidating letters referencing statute barred debts, so I understand that they aren't an ethical company, however the last thing I want to do is ignore their letters / emails if I have reason to stand my ground. As far as I'm concerned, the most they could claim from me would be a months membership under the new arrangement (therefore approx £15) but I'm also aware that if I state this or make an offer to pay then I am effectively accepting liability.

Any help / advice would be greatly appreciated.

Thanks guys!

HandsomeJohnny

Bump

:easter_ba

HandsomeJohnny

and again......

HandsomeJohnny

Response emailed to EQL this morning:

"FAO The Compliance Manager(s)
Equidebt Limited

Reference: (Removed)

Dear Sir / Madam,

I write with reference to the alleged debt of £231.50, allegedly owed to Credit Resolutions Services.
Please note that I do not acknowledge any debt to you or any company that you claim to represent.

This alleged debt has been disputed with the original creditor who have failed to prove that they have any legitimate right to claim this amount.

I have evidence in writing that the creditor has failed in their obligation to deal properly with my dispute, therefore I will not be making any payment or offer of payment to you.

In view of the above, I suggest that you return this account to your client forthwith.

Regards,

(Removed)"

HandsomeJohnny

If anyone can give me any further advice or guidance, please shout up!

Thanks.

heartbreak_star

I really don't know where you would stand on this - when I was with Bodyzone it was just the monthly no-contract thing.

Could you obtain a copy of their T&Cs and compare with your old contract?

HBS x

HandsomeJohnny

Hi HBS,

I no longer have a copy of my old contract (not even sure if I was given a copy when I signed up), but I seem to remember that it was in the form of a loan agreement rather than a contract - does that make a difference?

The point that I hope to use as leverage is that I acted in good faith when taking instruction from the gym staff with regard to my Direct Debit. There was no mention of a "joining fee" (I was already a member) and I did exactly what the staff told me to do. CRS have failed to address my dispute (other than advising that they have spoken to the gym receptionist, therefore the debt is valid), therefore I have refused to acknowledge or pay the alleged debt. Are CRS / EQL obliged to send me copies of the original agreement or to take into account the evidence I have submitted?

Thanks!

heartbreak_star

Might be worth actually going into the place and speaking to the gym manager, I had to do that as for some reason I had 2 contracts and therefore 2 lots of direct debit going out - they cancelled one on the spot.

HBS x

HandsomeJohnny

The gym manager was the person that sent me the email advising that they would change me over immediately, so I'm not sure if he'll be that receptive to a visit from me and to be honest I'm not sure if it's in my best interests to be face to face with him since he's effectively called me a liar and I fear that a heated debate may be counter-productive to my cause.

I'm assuming that CRS / EQL are obliged to provide a copy of any signed agreements / contracts / T&C's on request, am I correct?

heartbreak_star

I think so!

Also I believe an email counts as proof in writing when it comes to things like this?

HBS x

HandsomeJohnny

Just had a phonecall from EQL where Jane the computer voice told me it was "a call for (me) from Jane at EQL, it is very important that we speak with you, please press 1 to be connected to one of our agents..."

Needless to say I didn't press 1. I forgot to advise them not to call me in my last email so I knocked this up and fired it off:

Dear Sir / Madam,

FAO: The Compliance Manager(s)
Equidebt Limited


Reference : (Removed)

I legally require that all telephone contact from your company cease immediately. I deem telephone calls regarding a matter which I have previously advised to be in dispute with the original creditor to be personally harassing.

I require that the telephone number held by your company; (Removed), be removed from your records entirely.

I believe that further unsolicited telephone calls will put you in breach of The Protection From Harassment Act 1997 as well as The Communications Act (2003) s.127.

Any further telephone calls following receipt of this notice will be reported to OFCOM, Trading Standards and The Office of Fair Trading.

Be advised that all telephone calls from your company are logged and recorded.

ALL contact regarding this matter MUST be in writing, via this email address.

Regards,

(Removed)

Does that look alright?