Dear all,
Great website and excellent information.
Below is an explanation of my current situation. It's a bit long but I have given as much info as possible in order to be as accurate as possible.
Here goes...
I was forwarded on a letter from my Mum today (I've recently moved back from abroad and have been using my parents' address) from Harlands regarding my recently cancelled Fit4Less membership.
I cancelled my membership earlier this month as when I checked their website I saw that they stated:
Monthly membership – paid via Direct Debit
Membership agreements are for a period of 12 months, however we do not enforce contracts, long term commitment or pursue missed payments, as we understand that customers require flexibility and freedom to chose when and where they exercise.
To cancel your membership at any time simply contact your bank and cancel your direct debit instruction. Please be advised that your membership will be terminated WITH IMMEDIATE EFFECT and your access to the gym will be prohibited from the day you cancel your direct debit. To get the most out of your last month at the gym, it is advisable to cancel your direct debit about 7 working days before the date when your next subscription is due to be collected. Please do not leave it any later than this, or your bank will not have time to prevent the collection of your next month’s subscription."
.fitness4less.co.uk/terms_and_conditions.html
Taking this at face value I cancelled my Direct Debit via my online banking earlier this month. However I then receive the letter that states (in full):
"Harlands administer the collection if all payments due under your membership agreement with Fit4Less abd you bank has recently advised us that your Direct Debit Instruction has been cancelled.
The membership agreement you signed states that all payments must be made by Direct Debit. Therefore you must call HARLANDS HELPLINE... immediate in order for us to reinstate your Direct Debit over the phone.
If you do not contact us by 18 october 15 you will be charged an administration fee. The telephone lines are open..."
Now, the vague wording of the letter and the fact that they give me no concrete reason why I need to pay an admin fee of £25 leads me to believe they are trying to pull a fast one. Also I am not going to pay their ridiculously expensinve hotline.
I have returned to my DD agreement and seen it states:
"Amount to be debited from your account
You will be debited £19.99 on 18/04/2015 and thereafter on the same day each month until further notice. The debit will be collected on or immediately after the date specified
Start date for regular billing 18/04/2015
The company name which will appear on your bank statement is Eazipay Ltd.
Your Membership details
Chosen Membership: Online DD No Contract
To start on: 18/03/2015"
Then, on checking the T&C sent to me in April (the month I joined) I noticed the following (which is why I think they are trying to sting me here)
"If your bank fails to make a due direct debit payment from your account, we will write to advise you of this. We may apply to your bank for payment by direct debit twice within one calendar month and we reserve the right to refer any missed due payments to a debt collection agency. We may charge a fee for failed direct debit payments and/or letters sent to you in respect of unpaid amounts.
5.7 Should any membership fees not be paid within 30 days of the due date, the full membership fee for the remainder of the commitment period will automatically become due and payable in full.
5.8 Any unpaid and overdue membership fees referred to a debt collection agency will be subject to a surcharge to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred in the collection of the overdue membership fees will be the responsibility of the member and will be legally recoverable from the member"
At this stage I am looking for advice as how to reply. I think the website is misleading but I am willing to pay a final £19.99 for the final month membership to close the matter. The admin charge appears unlawful so I want to dispute this.
Any help would be greatly appreciated and I will post back here to let you know how the matter is progressing so other people caught out can hopefully learn from my experience.
Thanks
Des