Harlands/CRS exercise4less in Hull - debt

[Quagmire19]

Hi guys,

 

First time poster here, I'm hoping to receive a little bit of advice if possible.

 

I signed up with exercise4less back in either October or November 2017, and paid for my membership through until May2018 when I had to cancel my direct debit due to having no money.

 

I have been suffering from mental health issues for a while and have only just about managed to get a grip on my life again therefore would like to get a grip with this.

 

I received an email yesterday from CRS asking me to call them urgently, stating I owed 212 pounds of which roughly a hundred was the CRS fee.

 

I must admit when I saw this I panicked a lot and phoned them today trying to sort the issue.

They weren't exactly very sympathetic when I explained my situation and that I was willing to pay the contract off.

 

I have always had the intention to pay off the full contract that I signed up for, however I feel 212 pounds is extortionate for 3 months of unpaid direct debits.

I feel this is very high baring in mind the contract was 11.99 a month, which would have left approximately 5 or 6 months left to pay.

 

I was offered a settlement of 170 pounds to close the dispute, however at this moment I don't have that much money lying around due to poor finances.

 

My question is,

have I got a leg to stand on?

Or would I need to pay these fees in full?

 

To reiterate I am happy to pay the months I haven't paid for to finish the contract.

 

Is there anything I can do?

 

Thank you for any help and advice.

Edited August 8, 2018 by dx100uk
spacing

[dx100uk]

1st stay off the phone

never ring these fleecers

 

if you have a look in a few threads here you'll see the slick132 letter

 

simply WRITE to them

offer ONE MONTH only {£11.99] as that contractually ALL you owe. [as you should have given 30days notice of cancelled]

state you will NOT be paying the admin fees they are unlawful

[Quagmire19]

Thank you for your reply that's reassuring.

Is it really only 9.99 I would have to pay even if I haven't been at the gym for a year?

[dx100uk]

why were you even paying when you werent using the facilities...mindless waste of money

just because you sign a contract doesn't mean you've got to pay for something you are not using...

cancel get out..of them.

[Quagmire19]

What I meant was, aren't most gyms usually 12 month 'binding' contracts that if you stopped paying would enable a gym to file a claim at county court and win due to a breach of contract?

 

I'm not saying that assumption was correct but it was my understanding as to how the gym contracts worked.

 

I didn't mean that I hadn't used the gym for a year but that I was still within the 12 month period where I would have to pay the full sum.

[dx100uk]

gyms don't do court

don't show on credit files either

 

suggest you use our search CAG box of the top red toolbar

and get reading up

 

whats the name of the gym company?

search that.

 

CRS are harlands anyway

and a DCA is NOT A BAILIFF

they have ZERO legal powers

[Quagmire19]

Thank you so much for your help and advice. I suffer quite badly with anxiety so your posts have been reassuring.

 

It was exercise4less .

 

I'll get reading too, thanks again.

Edited August 8, 2018 by Quagmire19

[slick132]

Hi Quagmire and welcome to CAG

 

Firstly, if you had mental health issues coupled with financial problems, this would be adequate grounds to cancel the gym m/ship.

 

Secondly, if Harlands decided to add unlawful penalty (admin) fees after you cancelled the DD mandate, this would be further grounds to cancel the gym m/ship immediately and ignore any demands from Harlands/CRS.

 

The DD mandate is already cancelled so there's nothing Harlands/CRS can do to cause you any real problems !!

 

Best advice is to ignore Harlands/CRS and their demands and NEVER speak to them for any reason.

 

If they send you more demands, let us know and we'll help you further but, in the meantime, read other threads for advice about these chancers !!

 

[Quagmire19]

Hi Slick,

 

thank you for your advice.

 

I was hoping you would be able to answer a few questions I've got as I am really spooked.

 

I had a call from CRS/Harlands from a withheld number that I answered,

they took me by surprise and I ended up having an argument down the phone when the usual threats of if I don't pay what will happen etc etc.

 

I appreciate that this is a very bad and stupid thing to do but my anxiety kicked in, would this in any way cause me any issues?

ended up telling them I didn't care and if they wanted to take me to county court they could.

Instantly regret saying it but I don't think when I panic.

 

My main question is,

I cancelled my direct debit probably half way through the years contract with exercise4less without telling them, again due to struggling with anxiety/depression.

 

I've read other threads where if you cancel within the year without telling them you would need to pay off the full years balance, would this be correct rather than offering them just one 11.99 payment?

 

Secondly,

I do suffer from anxiety and depression but I haven't been receiving any medication or speaking to the doctors about this, would this still be a valid reason to cancel my contract mid way through the years term? Or would I need to get a letter from my doctor?

 

I am really sorry to trouble you but I'm just really concerned I've messed everything up for myself and that they will now take me to court out of spite.

 

Is there anything I should do now?

 

Thank you for any help or advice you can provide.

[dx100uk]

you've not read that silly stuff about having to pay the full years here..so stop search around and stick to cag.

 

verified or not on medication or not doctors note or not, makes no odds at all.

 

you've messed nothing up

next time, just state writing only end the call.

 

its against the rules and guidelines that these dca's should operate under to use a withheld number, so if you wish to cause them grief with the authorities that regulate them, theres something you could consider, keep atleast the record of the call on your phone for evidence, shame it wasn't recorded...

 

for your info, anything discussed or not or admitted or not in a phone conversation is inadmissible evidence anyway.

 

lets just back you up a bit here, and re-itereate whats already been outlined.

 

no gym has done court in many years now since they miserably lost some years ago, so don't worry upon that either.

 

time to ignore them totally.

 

if you get attempted calls or texts or emails. keeps a log.

 

there are routes you can go down regarding their harassment too.

 

dx

[slick132]

Hi Quag,

 

It really doesn't matter at all that you answered and spoke to Harlands/CRS. If you let off a bit of steam and told them where to go, good for you !!

 

It should make you feel a bit better, to have told them what you think.

 

Regardless, ignore them and their demands. If they call you again, just hang up.

 

Nothing in your last post is a reason for concern - just ignore these fools and keep us posted.

 

[Quagmire19]

Thank you both for your help, I think I've finally managed to get my head around the fact that they can't really do anything at all and are just trying to use bullying tactics to get you to pay money you do not have too.

 

I have what will hopefully be my last question for a while, DX mentioned writing to them offering 11.99 as a final payment offer.

Should I send a letter to them or is it not worth it at this point?

If it is worth sending it could I possibly be pointed in the right direction of Slick's letter for this?

 

Thanking you both hugely too, you've really made me feel better about dealing with this.

[dx100uk]

pers id not bother

it wont change anything nor anything they do