Xercise4Less/Harlands/Debt Management Plan

[Danie1le]

Thank you both for your continued advice.

 

If I were to write to the FCA and CMA, what sort of things should I include?

[Bazooka Boo]

Something along the lines of....

 

Continue to ignore alleged debtors correspondence in that the debt isn't owed, continue to exploit debtors lack of knowledge by using various names of supposed debt collectors when they are the same company, and claim to add spurious charges on alleged debt when in fact no such charges can be levied on the account as they are unlawful, should have the consumer credit licence removed or suspended pending a thorough investigation of their work practices.

[slick132]

It's not the FCA - your 2nd complaint should be made to Trading Standards. Your local one and the TS dealing with Harlands address in Haywards Heath.

 

[Danie1le]

Thank you, and sorry for the late reply, I got them posted them out this week. Should I inform Harlands that I have reported them or do I continue to ignore?

[slick132]

Hi Danielle,

 

Don't waste any time contacting Harlands !

 

[Danie1le]

Thanks Slick, I'll keep you updated!

[Danie1le]

Hi,

 

I have had a few responses from the letters I have sent out.

 

Harlands local Trading Standards have said that that it's got nothing to do with them. I have not yet had a response from my local TS.

 

The CMA thanked me for the information and advised me to contact the FCA.

 

I received a reply from the FCA this week (see attached) who say that Harlands are no longer authorized by them and haven't been since 31st May 2015.

[slick132]

Hi Danielle,

 

Can you confirm what Harlands local TS said exactly.

 

I'm surprised the CMA suggested contacting the FCA because, as pointed out by the FCA, Harlands are not chasing for payments due under regulated credit agreements.

 

On a general note, complaints to the CMA are still worth doing as they will be getting an idea of the number of customers who are being hounded by Harlands/CRS.

 

[Danie1le]

Hi Slick,

 

Yes, the CMA welcomed my information before suggesting I contact the FCA too.

 

I can't remember exactly what Harlands local TS said and I don't have the letter anymore as I didn't think it was worth keeping. It generally said that it couldn't help me because it wasn't my local TS, even if it is local to the business being complained about.

[slick132]

Ok and thanks for the info which will help us guide others on this point.

 

[Danie1le]

I have now received the CRS letter from Harlands under a different name, I assume judging by other responses I am to continue ignoring?

 

I've still received nothing from Xercise4Less despite a second letter to their head office on 2nd January.

[Bazooka Boo]

You've left identifiers on that scan,

 

But none the less, you can ignore, nice to see they are openly stating that they are adding unlawful penalty fees!

Excellent evidence if they were ever dumb enough to take this to court.

[slick132]

Yup. This is just Harlands wearing their CRS hat, so you can ignore completely.

 

Let us know if Zinc or Spratts contact you.

 

[Danie1le]

Thank you, I thought that was the case. I will keep you updated!

[Danie1le]

Hi, just to let you know I have received a further letter from CRS (Harland's in disguise) this time threatening legal action!

[slick132]

Hi Danielle,

 

If Harlands/CRS were serious about taking court action, they'd have started it months back.

 

I'd just ignore this completely.

 

Would you like to approach X4Less and see if THEY will tell Harlands to back off. We can help you try to achieve this if you want.

 

Are you managing to keep up with the DMP ?

 

[Danie1le]

Hi Slick,

 

I would be happy for you to help with that. I initially sent a letter to Xercise4Less head office in October after the girl at my local gym told me they should be able to cancel it for me as I'm on the DMP - no response. I sent the head office another letter at the start of the year complaining about Harlands, at the same time that I complained to Trading Standards - I've had no response from that either.

 

Starting the DMP with Christmas coming up was really tough initially but I'm keeping up with payments and starting to get things under control now and learning to manage my money better, things are getting easier.

[slick132]

Send to X4Less Head Office. See the address here - http://www.consumeractiongroup.co.uk/forum/showthread.php?460339-Xercise4less-cooling-off&p=4866026&viewfull=1#post4866026

 

Get a free Certificate of Posting at the PO as proof of posting.

 

Am I right in thinking X4Less never replied to your letter to them, referred to in your 1st post and send by RM Signed For delivery. If so, then you could write saying :-

 

Dear sir or madam,

 

Membership at [town/city] gym

 

I joined the gym on an 11 month agreement in February 2015 and paid up to and including September 2015.

 

At that pointy, I was in serious debt and entered into a formal DMP. This left me unable to pay the gym fee from October 2015 onwards.

 

I told the gym but they were not helpful at all. I wrote to Xercise4Less Head Office on xxdate but have had no response from you.

 

I wrote to Harlands who actually told me I should allow Harlands to speak to the DMP administrator so Harlands could be included in the DMP. They were told this could not happen.

 

Since then, Harlands/CRS have harassed me seeking larger payments each time and have recently threatened court action.

 

You have not replied to my letter of xxdate, yet you allow Harlands/CRS to make their threats and add on their unlawful penalty fees.

 

In the circumstances, I suggest you tell Harlands to cease all contact with me. I will not discuss this by phone at all and I want Xercise4Less to close my account.

 

Failing this, I will lodge formal complaints.

 

Yours faithfully,

 

[Danie1le]

Thanks Slick, yes you are right, X4Less have not responded to my letters sent by RM Signed For delivery. I will get that posted off tomorrow.

[slick132]

Great. Send the letter but don't tell X4Less that your letter of xxdate was sent by RM Signed For delivery.

 

Let's see if they tell you they never rec'd it.

 

[Danie1le]

Letter sent. I've kept the receipts and copies of each letter if they try to claim that!

[Danie1le]

I've recieved the following e-mail from X4Less in responce to my letter...

 

They are now saying I can't cancel due to debt and want me to call them to arrange settlement (which I have no intention of doing)... if this was the case why did they choose to ignore my letters in October and January?

 

This email is in regards to the letter we received from you on 03/03/16.

 

 

Unfortunately we do accept Debt as a reason for cancellation if a member is still within their contracted period as you were. As you were still in your initial 12 month contract until 25/02/16, we would only accept evidence of Redundancy; loss of earnings, not debt, as a reason to cancel your membership.

 

 

 

 

As per your Terms and Conditions, we require 30 days notice for a cancellation, and you should not cancel your Direct Debit as you will incur arrears charges if we fail to collect a payment.

 

 

To resolve this matter now, please contact our Membership Support Team on 0113 203 8602 to arrange a settlement to recall the account from Credit Resolution Services and close the account.

 

 

 

 

--

Healthy Regards

Will

[slick132]

I refer to your email of xxdate. I will not call to discuss this by phone.

 

I must ask you to reconsider your refusal to cancel my membership.

 

I was not simply in debt - I was in serious financial difficulty, to the extent that I had to enter into a DMP.

 

If this is how you treat your members when they encounter difficulties, I will make sure others know this by discussing the matter on Twitter and Facebook.

 

It's bad enough that you allow Harlands/CRS to harass your members so ruthlessly. But I really thought I might be treated better by Xercise4Less Head Office.

 

[Danie1le]

Thanks Slick,

 

E-mail sent.

[Danie1le]

Do you think I should start making complaints on social media or should I wait for their reply - that's if they even bother to reply.