harlands Group

[Razoright]

Hi guys,

 

Just wanted some advice upon this situation. I currently have a membership with PureGym which I've stupidly had held on freeze for almost 3/4 months at £5 each month. I have an overdraft limit of 1,500. On the 1st of June I had a around 1,400 o/d, then all payments came out taking me 70p over my overdraft. The £5 d/d with puregym was returned, However from my bank statement it shows when they took out the £5 - it took me to £1,420.

 

Now I've received an email from Harlands group stating they will be be charging me £20 administration fee upon the £5 freeze charge. it's extremely unfair to some regards as I'm not trying to avoid payment of the £5 but £20 on top is ridiculous.

 

I phoned my bank about the situation and were extremely nice about it describing it as extremly unfair on there part and waived the £10 overdraft fee. But stated that they can't do anything about the harlands group fees, that I should phone them and explain my case.

 

Phoning Harlands was a complete different experience, they're extremely cold in there response and have a set response to enquiries.

 

What do you recommend I should I do about this?

[pokinthruboxers]

I am sure that others will confirm that this 'charge' is a punitive payment and is not enforceable....simply refuse to pay it. I also wouldn't bother speaking to them over the phone. Inform them that you require them to make all correspondence in writing. This will allow you to have traceability should you require it at a later date.

[Razoright]

They state it will be coming out of my account by the 15th I presume by direct debit.

 

So your reccomdendation s to cancel the direct debit?

[freakyleaky]

I would cancel the DD if they are just going to take it.

It's an extortionate amount to charge for "admin"!

[pokinthruboxers]

Personally, yes I would.

[Razoright]

Personally, yes I would.

 

Then my course of action would be to, wait for court action or what will Normally happen?

[pokinthruboxers]

If you read some of the other threads, you will quickly realise that court action is highly unlikely. Most of these 'companies' prefer to intimidate, harass and even lie to cajole further payments out of you.....dont be intimidated is my advice.

I am sure the ever helpful Slick will be along soon and he will steer you straight, so chin up and dig in...You'll get good advice and great support here.

[slick132]

Hi Razor,

 

When did you sign up with the gym and what's the minimum m/ship period.

 

Any admin fee that Harlands charge is effectively a penalty and is therefore unlawful and unenforceable, even if it's mentioned in the gym's Terms and Conditions.

 

If Harlands have advised that they'll take the fee despite your protests (and they surely will), then you have no option but to cancel the DD mandate immediately.

 

Call the bank to instruct them to cancel the DD mandate immediately but also send them a letter to confirm your instructions. Or, if you have internet banking, cancel the DD mandate yourself online.

 

Write to Harlands saying :-

 

Dear sir or madam,

 

Puregym in [Town]

 

I refer to our discussion on xxdate when you said you would be taking both the £5 suspended membership fee plus an admin charge of £20, on or around 15th June.

 

I am advised that you have no right to charge the £20 admin fee as it is punitive and a penalty and thus unenforceable at common law.

 

The amount of the admin charge exceeds any genuine pre-estimate of the damage which was suffered by the gym or Harlands as a result of my bank not paying the £5 monthly fee.

 

I have therefore cancelled the DD mandate with immediate effect.

 

If you give me written confirmation that you will not seek to charge such admin fees now or in the future, I will reinstate the DD mandate.

 

If you fail to give me such written confirmation and insist on charging unlawful penalties, then I suggest you are in breach of the agreement between us, due to your failure to conduct yourselves properly.

 

Depending on your response, we can discuss the possibility of reinstating the DD mandate.

 

Yours faithfully,

 

Razoright

 

Let us know how they respond. If they suggest they can continue to make admin charges, you can break the agreement due to their unreasonable behaviour. But we'll deal with this when we see how they respond.

 

As stated by PTB's above, the chances of any court action are extremely remote as gym contracts are not well-drafted. You would have a good chance of defending any such action and we would help you with this.

 

Don't discuss this by phone at all and tell Harlands to put anything they have to say in writing.