CRS / EQL Gym membership debt claim

awayinchina

Ok how about copy the email (from the manager of the gym) into CRS (Cant Read for !!!!) and tell them point blank refer back to gym or see you in court!
If the email did not tell you to go into the gym to transfer then you have them on that. as they said it was ok and done deal. if you did not go to the gym and see do as requested then they might have you on that. But if your injury prevented you going to the gym they will try "you could have done it over the phone". So you might well be in a tight spot?

As there was no mention of the £30 fee, you might be able to argue they have gone after you for the incorrect amount and therefore the default and debt is not valid as the paper work is wrong (and under data protection law they have broken the law as the wrong debt has been chased). Therefore, they would have to erase any default and re-issue a default notice for the £30 which as long as you pay within 1 month (play it safe 28 days) no default and no debt.

what you might want to ask for is a complete breakdown of the "so called" debt and if it is not based on the £30 fee. Ask for the incorrect data to be removed and pay the £30 asap. Just another way of attacking it

HandsomeJohnny

I did that when I initially disputed the debt, but CRS sent it on to EQL who have now instructed their computerised robot staff to call me.

awayinchina

HandsomeJohnny wrote: »

I did that when I initially disputed the debt, but CRS sent it on to EQL who have now instructed their computerised robot staff to call me.

is the debt for the £30 fee or outstanding membership?

get a complete breakdown of what the debt is. Thats the complete break down not just the total which is what a DCA will send to start with

HandsomeJohnny

The debt is for £231.50 for "outstanding monthly direct debits". Neither CRS nor EQL have sent a breakdown, just a total figure.

I was in a 12 month contract, but was told (in writing) by the gym manager that because I had completed 6 months of it I was able to switch over to the new deal (£14.99 per month with no contract) immediately. I attended the gym in person and was told to cancel my direct debit and the gym would sort the rest. I acted in good faith when I cancelled my direct debit. The next contact was from CRS claiming this debt.

I sent the email to CRS and advised that the alleged debt was invalid as the email confirmed I had been released from the contract, but CRS came back saying I had to pay a £30 "joining fee" (which wasn't mentioned and I didn't pay).

To be honest, I'm not too stressed about a breakdown of the figure, since the debt is invalid, I have written proof and it would cost them more than £230 to take me to court so I don't think they'd bother, what I could do without though is a million searches on my credit file since I'll be looking for a mortgage in the next couple of months.

On a side note, EQL have been writing to me about an old statute barred debt for a couple of months too, talking about doorstep visits etc.

Has anyone ever used the threat of a complaint of harassment regarding one account as leverage on a different debt?

HandsomeJohnny

Just read your edit awayinchina, I'd thought about that angle and thought that be an easy way round it, less hassle and £30 isn't so hard to swallow.

awayinchina

its not about stress etc. what is about is arguing a case should you need too. By getting them to provide a complete breakdown means you have everything. If they refer you back to you owed £30 for not paying to get the change of contract then thats a different debt to what they are going for.

you catch my drift?

What might be an option is by pushing the case of the email and NOT backing down. This is typical pressure tactics.
Turn the tables on them, make them present you will all the facts on a crappy tab of paper with a grand total!!

if you were getting a car fixed would you pay a grand total without a break down of costs???

secondly it might be worth looking at your credit file as the DCA might have recorded a default on your file which makes getting a mortgage a problem.

a single default has a massive effect on getting a morgage.

this is why argue it and get all the info you can!

also ask for the original signed agreement no agreement no claim!

HandsomeJohnny

When I last checked my credit file there was no record of it at all and that was when CRS first took it over. I'm assuming from the research I've done that gym contracts aren't covered under the CCA and so shouldn't be recorded on my file. I don't think a DCA can just contact Experian etc and add info unless there's a record of it already showing previous payments etc, or am I wrong?

I'm waiting for my ID verification to go through on CreditExpert.co.uk so I'll know for sure soon enough...

awayinchina

seems the debt they are going after is not the £30 joining fee. its the 6 months after you switched and have email proof. complain as in OFFICIAL COMPLAINT TO BOTH THE GYM AND DCA and CC the email to OFT. let them squirm on that! also copy the statement the DCA made about you not paying £30 so the debt is still valid. when actually its a different thing!

awayinchina

HandsomeJohnny wrote: »

When I last checked my credit file there was no record of it at all and that was when CRS first took it over. I'm assuming from the research I've done that gym contracts aren't covered under the CCA and so shouldn't be recorded on my file. I don't think a DCA can just contact Experian etc and add info unless there's a record of it already showing previous payments etc, or am I wrong?

I'm waiting for my ID verification to go through on CreditExpert.co.uk so I'll know for sure soon enough...

if the gym was to register a default and then sold it on to a DCA the DCA then owns the debt so they can instruct CRA.

HandsomeJohnny

Really?

They can just contact a CRA without a credit agreement and say you owe money and the CRA will believe them and add the info?

That sounds a bit out-of-touch to me. If that was the case then surely anyone could do it to anyone else?