Hello,

I'm wondering if anyone could help with this problem I have..

I'll start from how I first got to know about it, literally just as I walk in the house as I return from work and hour ago to a letter on the floor,

"We've been employed by xercise4less as your membership remains in arrears despite previous letters being sent to you.

As a result of this, our fees totaling 102.50 have been added. Therefore your account balance now stands at £222.47.

We want ot reach an amicable resolution with you! In order that we can do this, please ring our non premium rate number - 01444 449165."

There is more below about the options I assume you dont need to see that part but I can write the letter in full if needed.

Now for the information behind the letter.

. I signed up to Xercise for less in mid-2013 I believe,

I stopped going after Christmas of 2013 but continued to pay ( dumb, I know.).

l left a letter saying I would like to cancel membership and would not be interesting in renewing, in an envelope addressed -

"FAO Manager" with reception at the gym in question in November or December 2014.

I noticed a direct debit had came out in January this year so checked my online banking and noticed the DD was still in effect,

I chose to cancel it thought nothing else of it.

Fast forward to today and you can see the letter I have received.

I haven't received any other letters as they have stated.

Nor do I understand how a total of 119.97 minus CRS' so called 102.50 fees has come into existence.

I have phoned the gym and asked to speak to the manager or persons in charge at 17:20 today,

was told I would get a call back in 5-10 mins as he was busy with a customer.

I still haven't had a phonecall back and here I am seeking assistance.

As a precaution I've been reading other posts about said companies in question,

and noticed a post made by a user regarding

"The High Court case of The OFT v Ashbourne Mgt Svs Ltd" and I wonder, do this also relate to me?

The High Court case of The OFT v Ashbourne Mgt Svs Ltd confirmed that cancellation can be made to either a gymicon or it's adminicon company.

 

I ended my membership agreement by cancelling the DD mandate, a manner said by Mr Justice Kitchin to be adequate notice of intent,

in his High Court ruling in the above case.

I have been a member over a year my contract is techincally fulfilled if this is true they should just accept the DD cancel as my membership termination regardless of receiving it in writing from me?

Thanks, Dean.

yes all correct

you owe nothing to no-one

just remember, CRS are a DCA

and are not BAILIFFs

and have

NO LEGAL POWERS

nor any legal remit to add anything

I had a similar situation with Bannatynes a few years ago. I handed my resignation letter which they claimed later they didn't receive. It was all a lie of course and a poor effort to extort further money from me. I emailed them to no avail so I ignored any further threatograms from their DCA.

Just ignore their letters and they'll soon stop. If they call you just put the phone down.

Hi Dean and welcome to CAG

Stay OFF the phone. Calling the gym, Harlands or CRS (who are Harlands, at the adjacent desk) is a waste of time.

1. Do you have a copy of the cancellation letter that you left with the gym ?

2. After leaving the cancellation letter with the gym, have you written any further letters or emails to the gym or Harlands/CRS ?

Hi Slick,

I didn't keep a copy of the letter unfortunately. I haven't spoken to any of the companies after I left the letter either, other than the phone call I made yesterday evening to the gym itself as I mentioned earlier, surprisingly enough I still haven't been called back as they told me I would of..

I think I messed up though cancelling the direct debit? It was only by chance I was looking at my bank statements and noticed the Harlands DD had been taken out the month following the letter I wrote, not wanting any more money going out I cancelled it.

Hi Dean,

Can you work out, as accurately as possible, when you left the cancellation letter at the gym.

I don't think you've messed up, apart from not having a copy of the letter and not getting a receipt for it at the gym.

It would have been the beginning of December or the end of November as far as I can remember. The more I dwell on it the more I seem to think I cocked up by cancelling the DD and thinking nothing of it

Hi Dean.

Stop dwelling on it !! The way it's turned out, you probably did what we would have advised anyway. If you cancelled early December, we'd have advised you let them take one further DD payment before cancelling the DD mandate.

Can you confirm the date the last DD payment was taken. Then we can decide if you need to recall it using the DD Guarantee Scheme via the bank.

22/01/2015 DIRECT DEBIT PAYMENT TO HARLANDS REF 31953709A-R, MANDATE NO 0005 £14.99

If I remember correctly, I cancelled the DD just shy of a month after this date, was going through my ingoing/outgoing monies on my statement, noticed this payment in January so looked on my standing orders/direct debits tab on my Santander online and low and behold it was still active, so I cancelled the DD so it wouldn't go out again in that month.

Thanks for the reassurance about how I've handled it, after thinking about it cancelling the DD without questioning it was jumping the gun and thought I'd be in a bit more ****!

Hi Dean,

Let's say you left the cancellation letter with the gym on 1st December 2014. So the final payment required from you was around 22nd December giving you gym access up to the facilities up to 22nd Jan 2015.

Accordingly, the payment taken on 22/1/15 should NOT have been taken by DD. I'd contact the bank and ask them to refund the Jan DD payment as per the DD Guarantee Scheme.

If you agree, let us know when you've got the DD refunded and we'll then help you with a letter for X4L and Harlands.

Hi slick,

I will write up an email to my bank as soon as i get home from work later, also just recieved this text message about half an hour ago.

'Please call C R S on 01444 449165 between 9 and 5pm. We sent a letter a week ago and need to discuss this with you. Thank you.'

I assume not to reply to anything and wait until the bank get back to me?

Thanks for the swift help here!

Hi Dean and you're correct on both counts -

Email or letter to your bank re the DD Guarantee Scheme refund.

And ignore CRS's "need to speak to you". They can whistle.

I've emailed the bank but I've yet to hear a reply as of yet, I will send another email if I've not recieved a reply by Tuesday afternoon.

Are you able to drop into the bank, or call cust'r services if you're registered for telephone banking.

Are you able to drop into the bank, or call cust'r services if you're registered for telephone banking.

 

Having to phone after work today for skme reason santander arent replying to emails! Recieved a message today from crs saying it is urgent that i speak with them. What is thr best course of action i can take in regards to emailing or writing to exercise4less as these messages are a bit worrying now!

Hi Dean,

Ignore Harlands/CRS for now.

Get this sorted with the bank first. Once that's done, let us know and we'll sort out a letter for Harlands.

Hi Dean,

 

Ignore Harlands/CRS for now.

 

Get this sorted with the bank first. Once that's done, let us know and we'll sort out a letter for Harlands.

 

Dragging this out way to long sorry guys, not had chance to respond, work busy and stuff getting in they way. Ive had ankther letter from crs last friday and a phone call. Without refunding the dd from a while ago is there anything i can do to stop them chasing? Not entirely interested in the 15 quid refund just want the worrying letters and phone calls to stop

Hi Dean,

Other threads here will show you there's rarely an easy or quick way to get rid of Harlands/CRS.

I would reclaim the DD as advised previously - whether you do or don't won't make any difference to Harlands activities. So you may as well reclaim it.

I'd then write to Harlands saying :-

I refer to payment demands you have made about my gym membership.

I require that contact from you be in writing only.

I gave the gym written notice to cancel my membership in early December 2014 and assumed you would take one further payment around 22nd December.

I now find you took a further DD payment in January to which you had no right. I will now get this refunded by my bank under the DD Guarantee Scheme.

If you make any further demands as Harlands or CRS, or you pass the debt on to any other collection agent, I will make formal complaints to The CMA and to Trading Standards.

Send by RM Signed For delivery or get a free Certificate of Posting at the PO, so you have proof of posting.

Do this now if you can. Delays on your part won't help your case.

Hi Dean,

 

Other threads here will show you there's rarely an easy or quick way to get rid of Harlands/CRS.

 

I would reclaim the DD as advised previously - whether you do or don't won't make any difference to Harlands activities. So you may as well reclaim it.

 

I'd then write to Harlands saying :-

 

I refer to payment demands you have made about my gym membership.

 

I require that contact from you be in writing only.

 

I gave the gym written notice to cancel my membership in early December 2014 and assumed you would take one further payment around 22nd December.

 

I now find you took a further DD payment in January to which you had no right. I will now get this refunded by my bank under the DD Guarantee Scheme.

 

If you make any further demands as Harlands or CRS, or you pass the debt on to any other collection agent, I will make formal complaints to The CMA and to Trading Standards.

 

Send by RM Signed For delivery or get a free Certificate of Posting at the PO, so you have proof of posting.

 

Do this now if you can. Delays on your part won't help your case.

 

Am i able to put this in email or must it be done by post?

Better to send by post and get a free Cert of Posting at the PO when sending.

I'm in the exact same situation at the moment? Am I best contacting them and having it out or just completely ignoring them?

Thanks

nope first port of call is start a new thread

of your own

Yes Stewilson, please start a new thread and give us basic details about events, dates and amounts.

It would be nice to have an update from Dean about what happened in this case from June 2015 onwards.