Dealing with a Debt Collection Agency when all the letters have been sent

stinkerbell

Hi All,

i posted a thread some time ago about a Debt Collection Agency called Credit Resolution Services chasing me for some money owed to Golds Gym. The background is as follows:

i was a member of Golds Gym in 2005/2006, cancelled my membership on the 20th February 2006, i have a copy of the cancellation agreement which states that the last payment should go out on the 1st March 2006. Have checked with Bank and a direct debit did go out on the 1st March. Didn't think anything of it until i got a phone call from Credit Resolution Services in August 2007 asking for money owed to Golds Gym. i was completely shocked and told them what i knew. Furthermore i also told them that if i owed Golds Gym money then why hadn't they contacted me. i then received a letter from CRS saying they will take me to court, negotiate etc.. i have sent them all the relevant letters given by the helpful people from this forum. i sent the final letter on the 6th December 2007 by recorded delivery. i received a letter this morning saying the following:

"Please note we are pursuing under the terms of your Membership Agreement with Golds Gym. This is NOT a Credit Agreement, so therefore any reference to the Consumer Credit Act 1974 are irrelevant.

On 24 August 2005 you entered into a legally binding Membership Agreement. You agreed to pay 6 calender months and a 30 day notice period when you wish to cancel. As you have failed to pay your notice period of 99 pounds your file has been referred to ourselves.

You currently have a debt of 179 pounds and you remain liable to pay. We will be looking to commence legal action against you to obtain a CCJ and should Judgement be passed we will then look to enforce the debt against you.

To avoid legal action commencing against you please contact CRS to arrange payment."

The worst thing is i have told them that i my bank records confirm that i have paid them. When i have asked them for any letters Golds has sent me to chase the debt, they are unable to provide this.

Sorry for the long message, but the letters they send me are really stressing me out. i have a young baby and really could do without this, also i am worried that they will take me to court and play all the dirty tricks in the book to win the case and make me pay money that i don't owe!!!:mad:

Any help or advice will be appreciated.

Thanks

stapeley

Just keep all letters and details bank statements etc .When and if you get a court summons . Inform court of your defence , it would then be transfered to local court . You can then file a counter claim for harssment. Write to this DCA informing them this , and put in you will file for damages and costs . That should shut them up !

stinkerbell

Thanks Stapeley,

Should i get a lawyer? i have never been to court and am slightly nervous. i just wish they would have a look at their records and leave me alone, i could really do without their nonsense!!!

Thanks for your advice though!!!

postingalwaysposting

bump for night crew ~ you seem to have slipped

fatbelly

stinkerbell wrote: »

Thanks Stapeley,

Should i get a lawyer? i have never been to court and am slightly nervous. i just wish they would have a look at their records and leave me alone, i could really do without their nonsense!!!

Thanks for your advice though!!!

If they start a court claim (and the probability is this is just a threat), you can respond on-line. Details will be on the claim form. I think Stapeley's advice is good.

setmefree

deleted xxxxxxx

stinkerbell

Just had another letter from the DCA saying that they have decided to take me to court unless i pay them by the 25th February. They have also attached what they are calling a copy of a county court claim. i know they can't take me to court and its all threats but it is still quite scary!!! They are talking about me having signed a legally binding contract with the gym and how it is likely that the court will order me to repay the balance plus costs and interest (all this for debt i don't owe!!!). They have also said that i am fully aware this debt is payable (although i have written them numerous letters telling them that i paid the final payment to Gold's gym by Direct debit). i guess i will just wait and see if they will take me to court. i just feel sorry for the people who get these letters and get scared and pay!!!

funky_monkey_4

I recently had these people on the phone to me.
They are nasty bullying people.

They dont care what you have to say, etc etc, that I had to get a solicistor envolved. All they are worried about is their fee, not the money they are chasing for the Gym people.

Horrible horrible horrible.

funky_monkey_4

stinkerbell wrote: »

Just had another letter from the DCA saying that they have decided to take me to court unless i pay them by the 25th February. They have also attached what they are calling a copy of a county court claim. i know they can't take me to court and its all threats but it is still quite scary!!! They are talking about me having signed a legally binding contract with the gym and how it is likely that the court will order me to repay the balance plus costs and interest (all this for debt i don't owe!!!). They have also said that i am fully aware this debt is payable (although i have written them numerous letters telling them that i paid the final payment to Gold's gym by Direct debit). i guess i will just wait and see if they will take me to court. i just feel sorry for the people who get these letters and get scared and pay!!!

Hi

If you have already provided proof to your gym and the CRS, then there shouldnt be a problem.

Might be an idea to get your solicistor to look at your contract and see if there are any loopholes...............

stinkerbell

Hi Guys, just wanted to give you guys an update. I sent my final letter to these guys in February and haven't heard from them since. I am guessing no news is good news and hopefully the case is closed.

P.S. Sorry Funky Monkey for not getting back to you sooner, and when I did, it was on a completely different matter.

Regards.