Harlands Group

[hd_sam]

I signed up to Flex gym in Uxbridge, which is managed by The Harlands Group and I have recently moved home, so I cannot travel that far, just to go to the gym.

 

When I signed up I was told to lie about my age (I am 17, was told to put 18 ), which I did, as they filled out my forms for me and they did it with 3 friends of mine too.

 

When I called Harlands a month ago to cancel, they said I would have to pay £40 to cancel and I told them about the legal age being 18 to sign a contract on my own, but they said its only 16, but even so, they didnt ask me for parental consent, so I told them, but they said there was nothing they could do about it.

 

I cancelled my direct debit with them two weeks before it was due for another payment and a week later, I went to the bank and they said my direct debit was reinstated, WITHOUT MY PERMISSION! It really annoyed me, but I cancelled it again.

 

I rung back yesterday and was told if I wanted to cancel I would have to pay £244 and how am I supposed to have that kind of money?! Im a 17 year old in sixth form! I currently havent paid for two months membership, but I havent used it either.

 

One of my friends who joined at the exact same time as me cancelled her membership and didnt get a fine for not paying for 2 months, she just sent a passport photocopy to prove she was only 17.

 

I have got my mum to write a letter to them, but what else could I do?

 

Is the legal age to sign a contract actually 16?

 

 

Thanks!

[hd_sam]

anyone??????

[rebel11]

Hi hd_sam

 

It is a presumption at law that every person is entitled to enter into a contract unless an exception applies. One of those exceptions is for minors. The age of contractual capacity for individuals is the age of 21 at common law, however this was reduced to the age of 18 in 1969 by Act of Parliament. Reaching the age of 18 is known as attaining 'majority'. Minors are those who have not attained the age of 18.

Minors are permitted to enter into contracts for limited purposes, and the test is one that focuses on the nature of the transaction, and whether the minor is of an age such that they capable of understanding it.

The general law states that contracts entered into by children that are for 'necessaries' are binding on children, as are those for apprenticeship, employment, education and service where they are rightly said to be for the benefit of the child. Contracts for necessaries are for the supply of food, medicines, accommodation, clothing, amongst other things but generally excludes conveniences, and products and services for comfort or pleasure. Commercial or 'trading' contracts are excluded. These latter contracts are voidable at the option of the minor, and whether the minor may avoid the contract depends on the nature of the contract.

Contracts where the minor may avoid the affect of the contract are for the acquisition of a legal or equitable interest in property of a permanent nature, such as shares, land, marriage and partnerships. Other contracts require positive ratification in order to be enforceable, which includes contracts for debts and the sale of goods that are not for necessaries. The ratification must take the form of an acknowledgement that the debt is binding after attaining the age of 18. Fresh consideration is not required for the ratification to be complete.

Restraints of trade may be unenforceable against a minor, even if they would be enforceable against an adult.

 

If the staff told you to lie, well that is clearly wrong - especially as they are company employees. You should have declared your actual age.

[hd_sam]

Oh, thanks

 

Is there anything I can do though?

 

The first time I called them they said i'd have to pay £40 to cancel it, but when I called recently they said i had to pay over £240!!

[Draconian]

If I had £ for every time Ive heard *********Harlands I could retire to Carribbean , This Direct Debit farce needs stopping !

Directors of any Healthclub or sometimes manager has power to stop any direct debit , go direct to them and don't take no for an answer .

[slick132]

Hi hd_Sam,

 

Can you give us an update on this.

 

8-)

[hd_sam]

So.. you'll never guess what..

 

Eventually I did cancel it, however I got a call this morning from 'EQL' saying I owe Flex gym 450 pounds! I explained this whole situation and decided to Google what I could do and stumbled across my own post from nearly 3 years ago!

 

 

What do I do in this situation? Literally havent heard from them in years and I did get it cancelled eventually, but I have no proof, as its obviously been quite a while now.

 

 

They want me to either pay in full or pay in installments, however I don't agree with this. I clearly haven't used the gym or even thought I was still signed up to them or that I even owed them money?!

 

 

They said they can put my account on hold for one week.

[slick132]

Hi HD Sam,

 

If EQL call again, record the call and tell them you are recording it.

 

Remind them that you were under 18 when the agreement was signed and it was therefore void.

 

Tell them you can only deal with matters in writing and, if they have anything to say, they should put it in writing to you.

 

Tell them you will not answer any more calls from them but, if they call again, you report the matter to The OFT.

 

Then hang up as you have nothing you need to discuss with them.

 

Let us know if they write, or if they call you again.