Xercise4Less - Hull

[Tommy_T]

Hi,

 

Along with many others in this forum, I am experiencing trouble with the Harlands Group regarding payment and it has got to the point now where the payments have become a very serious problem. Before ringing them to put across what i feel is a very valid argument, I thought I would share my predicament on here for others to read who may have a better insight into the legalities of the issue.

 

I was a member of Xercise4less in hull at the beginning of the year, whilst i was studying at university there. However, when my course finished in June, i moved back home and so wanted to cancel my subscription. I went to their website to find the best course of action, to which i found in their FAQ section that i should:

 

It’s very simple, if you have fulfilled your commitment to the membership you have joined on, then simply place your 30 day cancellation notice in writing to the relevant club.

 

After having problems with a previous gym a few years previously, I was pretty impressed that they hinted to no cancellation fee and so followed their instructions on quitting, sending them the following email and cancelling my direct debit:

 

To: xercise4less@ harlandsgroup.co.uk

Subject: Subscription cancellation

Date: Tue, 4 Jun 2013 17:31:15 +0000

 

Hi there,

 

This is just a courtesy email, as suggested on your website, to let you know that i have cancelled my direct debit with your gym. I have returned home after being at university in Hull and no longer require a gym membership. My details are given below:

 

Name: (edited out)

Postcode whilst at university: (edited out)

 

Kindest regards,

 

Tom

 

Two days later i received a phone call from a member of xercise4less stating that i had cancelled my direct debit and she was going to help me reset it. I told her that I had moved home and was cancelling and that I had sent an email confirming this intention. Moreover, because I had cancelled my direct debit on the same day as paying for my June's payment, this had qualified me for the 30 days notice and that I had now left. She told me to hold on, before confirming to me that I had quit and that she would be happy to help me resign if i chose to do so in the future.

 

I then rang a few days after to make sure this was confirmed, as i've said previously, i've had trouble with gyms regarding this issue before. It was confirmed I had indeed cancelled my membership. A week later, my girlfriend quit, although she was asked to pay a cancellation fee, and she also asked for confirmation that my sub had been cancelled, which they said it was. At this point, I was feeling pretty secure that my subscription had been terminated, after having 3 confirmations on separate occasions as well as sending my intentions to them via email.

 

But it never is as simple as that!!! I've not heard anything all summer, no emails, no letters, nothing. However, two days ago i received an email from CRS debt collectors claiming i now owe £242!!!! £104 would be there charge, as well as the £140 odd pound i owe the gym!! Now i don't claim to know much about legal issues and consumer rights, but surely this is more than 3 gym members being far too incompetent to do their job properly, as well as having Harlands Group failing to notify me of this problem?

What makes this even more disgusting is the £142 they're charging for 4 months subscription, which was priced at £9.99 whilst I was there.. even if this was an issue, i should only owe £40 plus admin costs..

 

As you can imagine, being only 22 and just out of university, this is a very daunting problem and, although I feel i am completely in the right, I know they wont just roll over on the phone and give up such a large amount of money. If any of you can help me with this, or offer any advice on what i should do, it would be greatly appreciated. I want to make sure my argument is solid before i ring them up.

 

I look forward to your responses,

 

Regards,

 

Tom

[slick132]

Hi Tommy and welcome to CAG

 

You should not ring Harlands or CRS for any reason. Keep everything in writing only.

 

You should take time to read other threads here and you will see there are many folk having problems with gyms or the gym admin companies. Harlands and CRS (who are Harlands from a different desk !!) are very well-known to us.

 

You had every right to cancel if you moved away from the gym, regardless of the reason.

 

Any admin fees that they want you to pay are quite simply non-enforceable penalty charges that have no basis in law. Accordingly, our advice is always to tell Harlands or CRS you will not pay any admin fees.

 

I suggest you write to Harlands as follows:-

 

Dear sir or madam,

 

Execise4Less Hull

 

On 4th June I cancelled my gym membership by an email to the gym as I was moving away from the area. I paid a further month's fee for the notice period.

 

The gym spoke to me 2 days later about cancelling and confirmed that this was fine in the circumstances.

 

I have now received demands from CRS for amounts that make no sense.

 

I cancelled with the gym and paid the final amount due. Accordingly, there are no membership fees outstanding.

 

As regards any admin fees that you demand, these are unenforceable penalty charges and will not be paid.

 

If you send any more demands to me, either as Harlands or as CRS, I will report the matter to The OFT without further warning.

 

Yours faithfully,

 

Send this to Harlands by RM Signed For delivery and keep the receipt. Let us know how they respond.