Harlands Group; help needed

[Poddychu]

I have a gym membership with the Harlands Group. A few months ago I emailed them to change my DD date because my wages where coming at a later date. They replied they couldn't find me. I replied and gave them all the information needed. A few days ago a DD payment failed due to it not being changed. I got a letter today saying they are charging me £25 for the late payment. I called them up stating that it was not my fault it was their company who couldn't change my DD date as I clearly have emails recording that I wanted it changed. They said they would chase me for the money.

 

I emailed them saying :

 

A few months ago I asked you guys to change my account direct debit information and was advised that you guys could not find me. I got a letter today stating that I have to pay an adminstration charge of 25.00 due to a failed DD payment.

 

 

As the previous emails clearly state I have tried to get this date changed and provided all the information needed to do so including information on my account.

 

 

As you did not do this I refuse to pay the charge and have canceled my direct debits.

 

 

I called your hotline today and was told "we will chase you for the money" which is not exactly good customer service being threatened by a contact centre agent. I have taken legal advice and these emails clearly back me up that I wanted my information changed so feel free to meet me in court if you want the charges.

 

 

Regards

 

 

Can anyone give me some advice on what to do now? Thanks

[slick132]

Hi Poddychu and welcome to CAG

 

Don't worry about Harlands and their £25 admin fee. This is a penalty charge which we maintain is unlawful and unenforceable.

 

I would cancel the DD mandate as Harlands are likely to use it to collect again on the wrong date, and they may also try to collect the admin fee.

 

I'd write to Harlands saying :-

 

You failed to alter my DD date as requested in my email of xxdate.

 

As a direct consequence you caused me to incur a bank default charge of £xx. I require that you pay this amount to me, so I am not out of pocket due to Harlands error.

 

Furthermore, I will not pay any admin fee that you have charged as such charges are unlawful and unenforceable penalties.

 

Until you resolve this matter to my satisfaction, I have instructed my bank to cancel the DD mandate.

 

Unless you resolve this matter within the next 14 days, I will consider the gym agreement to be ended due to your failings.

 

Change or adapt the draft as you wish, and post here the letter that you send. Then let us know how Harlands reply.