Dealing with Gym/Harlands late fees

[mega_him_wizard]

I have lurked around this sites before looking for advice relating to my problem and have found it very helpful.

 

 

My problem is related to my gym and their agency responsible for debiting money Harlands.

I see that they are often mentioned here.

 

When signing up for the gym, gym staff signed me up without letting me read through the contract.

I knew I would not be there for 12 months, but they assured me I could cancel it

provided I prove I have relocated which seemed reasonable.

Extra charges were of course not mentioned.

 

 

I did not actually see terms and conditions as one of the members accepted terms for me in a hurry.

They never mailed me the contract either, I had to obtain it from their website.

 

One of the terms does state that upon failing to pay Harlands

will charge me an additional £25 for the effort of having to find me.

 

 

I changed addresses and was not able to view their letters.

I did not know why they were overcharging me.

 

 

I canceled the payment each time as every month they tried to take the increased sum rather than the normal gym fee.

So each month was stacked up. Each payment was more than 2x of the gym fee on its own.

 

I emailed them initially thinking I will be dealing with reasonable people,

back then I didn't know their business model was ripping people off that don't know any better.

 

I have pointed out to them that under Consumer Protection Law 2015

 

62 Requirement for contract terms and notices to be fair

(1) An unfair term of a consumer contract is not binding on the consumer.

 

PART 2 UNFAIR TERMS

 

SCHEDULE 2 Section 63 CONSUMER CONTRACT TERMS WHICH MAY BE REGARDED AS

UNFAIR

 

6 A term which has the object or effect of requiring a consumer who fails to fulfil his

obligations under the contract to pay a disproportionately high sum in compensation.

 

By my interpretation requiring me to pay more than double for a “administration charge”

would be qualify as disproportionately high and hence that term would not be legally binding.

 

I have emailed them saying that I am more than happy to pay what I owe to the gym,

but will not pay the charges.

Response was, I am legal bound to pay them.

 

 

At first I tried reasoning with them that I will pay a single late charge as I do like using that gym.

This was refused, had no reply from the gym.

 

 

I had emailed the gym saying that I am unable to use the gym because of the problem Harlands have with me.

I am canceling my contract with them as I can’t pay for service that isn’t provided.

Again I said to them that I am willing to send them a cheque for what gym fees I owe them

and deal with Harlands separately.

 

Every reply I received since then from Harlands was that I signed contract

and every contract is legally binding, ALWAYS.

 

 

Even if a term in it would require me to fight the queen,

sell my blood to them or anything else which can’t be a legal clause.

 

Right now the sum I owe them went up to about £300 pounds,

it will increase more once they pass on my case to their in house goons “CRS”.

 

 

The language almost tries to hint at compound interest.

 

My questions is

 

 

am on the fair grounds for gym cancellation and what power do CSR/Harlands actually wield?

 

 

Have they ever actually took anyone to court or not as they know they can not win.

I am ok with being harassed with emails for next few years.

I just want to know where am I standing was this actually to go to court.

 

Thank you

 

 

. Sorry if I have misspelled or confused some legal term, this isn’t an area I know much about.

[slick132]

Hi Mega and welcome to CAG

 

You'll find hundreds of threads here about Harlands and how they harass folk relentlessly. They will never agree that their charges are unfair and writing to them arguing your case is just a waste of your time.

 

1. When did you join.

 

2. When did you move away.

 

3. Did you inform the gym or Harlands about moving away, and how did you tell them.

 

4. When did you finally cancel the DD mandate.

 

5. How many times did Harlands take a gym fee plus an admin fee.

 

6. Did you reclaim all DD's taken that included an admin fee.

 

Harlands don't use courts in 99.9% of cases that we've seen here. And Harlands/CRS have no power or authority.