Harlands! penalty fee

[jackg1]

Hi guys ill keep it short and sweet, i just received a letter from harlands saying i didnt pay my january membership even though i had money in my account and still have money in my account so i dont feel i should have to pay a £25 fee for this. what would the best response be and should i contact harlands or just contact the gym ?

[fkofilee]

These fees are penalty and there for unenforceable... Tell them this..

[renegadeimp]

Follow the advice in the gym forums from Slick. Your issue is the same as everyone elses.

[slick132]

Hi Jack,

 

You need to check with the bank to see if Harlands called for the DD as usual, or if the bank failed to pay it for some reason.Then you may know who was responsible for the non-payment.

 

If this is an ongoing gym m/ship, Harlands will want to collect the admin fee plus the missed payment and the next monthly payment, perhaps all at the same time next month. If they do this, or they attempt to collect the admin fee at all, then you can tell your bank to reverse the DD and cancel the DD mandate on the basis of Harlands mis-using it.

 

In any event, simply tell Harlands :-

 

Your £25 admin fees are unlawful and unenforceable. If you attempt to collect such fees via the DD mandate, I will tell my bank to reverse the payment and I'll cancel the DD mandate due to your misuse of it.

 

I am presently trying to find out why the January DD was not paid and will contact you further in due course.

 

If it transpires that Harlands were at fault and they caused you to incur any bank charges, you should tell Harlands you require them to reimburse you for such bank charges.

 

[jackg1]

Thanks a lot for the replies, what happens if it turns out that it was my fault? should i just pay it and accept it or still refuse to pay it.

[Bazooka Boo]

No, you DON'T pay their unlawful penalty fees, just pay the gym the usual monthly amount.

[slick132]

BBoo is right.

 

Even if the DD was bounced by the bank due to insufficient funds, Harlands' fee is a penalty charge which we maintain is unlawful.

 

Same as with Credit Card or Catalogue a/c penalty charges - always challenge and insist on a refund of any penalty fee taken.

 

If you WANT to stay with the gym but Harlands insist on taking their £25 fee, you may have a problem. But we'll with that when we know more ..........

 

[jackg1]

This is the reply i received, its getting pretty close the to 25th, should i cancel my DD if this doesn't get solved by the 24th ?

 

Thank you for your email.

 

We can confirm that the terms and conditions you agreed to when you signed up for your membership stated that if a payment is missed any reason an administration charge will be incurred.

 

As this is something you agreed to, we are unable to remove this charge from your account.

 

We are due to debit the payment on the 25th January 2015.

 

We trust you find this to be in order.

[Bazooka Boo]

IMO cancel the DD yes.

 

BUT, ensure you pay the monthly fee the via standing order, you will also need to instruct your bank to cancel any recurring CPA regarding this on your account.

 

You have the gym's bank details so cancel the DD and set up a standing order, which is something you control.

 

That response is always their standard reply.

[slick132]

Hi Jack,

 

Their reply confirms that they stand by their admin penalty charges and will no doubt seek to collect them using the DD mandate.

 

I would cancel the DD by instructing your bank without further delay.

 

Have you found out yet why the DD pay't failed ?