Hi!

After reading round other threads, the fact other people have been having the same problems has put me at ease yet, I am still a bit worried as to what to do!!

I joined Xercise4Less in September 2013 on a 12 month student contract of £9.99 a month. Having moved away from University back to my parents home (which is nearly 200 miles from the Uni and therefore the reason I cancelled my DD), I cancelled my direct debit to Harlands. From looking at my bank statement, the last payment was received in February 2015 (completing the 12 month contract). However, I am aware of the 30 day notice period, the fact I should've wrote to Xercise4less and the possibility that I owe for March 2015 because of this.

26 May 2015, a letter was sent to my parents house from CRS stating that "we've been employed by Xercise 4 less as your membership remains in arrears despite previous letters being sent to you. As a result of this, our fees totalling £102.50 have been added. Therefore, your account balance now stands at £207.47. The lettter then goes on to how they want to reach an amicable resolution with you (which I think is a joke!)

This is the first letter I have received from them as when I rang CRS (which I now know I shouldn't have done) the man stated that the previous letters had been sent to my old University address. (Obviously my error to not change my address with the gym)

At first, I did not realise that I had cancelled my direct debit after February's payment and therefore emailed CRS with the following:

"Further to my very recent telephone conversation with one of your Credit Collectors I would request a statement of dates payments were due and not received. I would be grateful if you would provide these within 7 days.

On receipt of this information I will request details of payments made, from my bank and forward them to you.

I would also confirm that having looked at on-line back statements provided to me by my bank, all payments requested were made by direct debit and honoured.

As you can appreciate, this is the first contact I have had from you and I am understandably cautious about providing details of my personal account online.

Can you also please confirm that no further action will be taken as I fully dispute any debt as well as confirming there will be no penalty charges levied against me.

I look forward to your speedy response."

Now im in a bit of a pickle.. when I rang the gym yesterday they said that I had paid up until February 2015 (which is correct) so I owe March, April and May (2015) which I'm willing to pay rather than the ridiculous amount of £207.47 that CRS claim I owe!

However, I have not used the gyms facilities since February due to exams and revision so do I actually owe them the three months even though I didn't write to them just cancelled my DD?

When I rang the gym to attempt to cancel properly yesterday, as I thought cancelling by direct debit was enough, the woman on the phone said my account is with CRS now and I cant cancel it until it's resolved. Does this mean that they will keep adding on fees and saying I have missed payments as the DD normally came out on the 2nd/3rd of every month and therefore June will probably be added onto it?

I have read in other threads that DD cancellation is enough? Can you advise me what to do next please?! Any help will be greatly appreciated!

Many thanks!

MJC

Hi MJC and welcome to CAG

Stop using the phone to contact the gym as they are unlikely to help you at all.

Same with Harlands/CRS - speaking to them is a waste of your time and energy. They will tell you anything to get money from you. Don't expect a useful reply to your email to CRS either !!

The demands for £200+ are nonsense and should not be taken seriously. They will include monthly fees plus Harlands dodgy admin fees which we maintain are not enforceable.

Read other Harlands threads and you'll find a letter drafted by me that will suit your needs perfectly.

One that says you cancelled the DD mandate and this is notice of intent to cancel, but you realise you should have paid a final months fee. And you offer to pay this now, valid for 14 days, won't pay penalty charges, etc.

CRS cannot add fees at all they are trying it on.

Don't call them keep it all in writing and get your number removed from their systems. If they persist then complain. Then block the number as spam. (smart phones)

Thanks a bunch both of you!

I'll let you know of the outcome

Just wondering.. in the letter.. should I offer to pay for march april and may's fees and say it was my mistake?

Or just say that I cancelled after February's payment.. this meant that I was a member of Xercise4less for over 17 months thus completing the the required amount of membership. Cancelling the DD mandate is an acceptable notice and I only offer to pay the 30 days notice fees of 9.99?

Thanks

As the terms and conditions will probably state that you must give 30 days notice to end your membership this should be done in writing. As far as cancelling the DD it is not the required notice or the proper format to do so.

If you talk to the membership team and explain the reasons they may come to an arrangement with you to clear what you may owe. You have nothing to lose but everything to gain. Gym membership is just a way for the gyms to get you fit then slam you for failure to end the membership correctly therefore getting extra money from you.

Read the T&C's of your membership and see what it says.

Okay! Thanks for that

I'm a bit confused now as the majority of threads are saying just cancelling the DD is okay? Does this actually work with Harlands? As I havent seen that many replies where people have said it's worked?

Any advice would be of help!

Have a read here as well may help you out http://www.telegraph.co.uk/finance/personalfinance/10298401/Gym-chains-forced-to-improve-contract-terms.html

Unless you have your copy of the T&C's you can post up in PDF format then we can look at it for you

Here is what the CAB say about this read here >> https://www.citizensadvice.org.uk/consumer/travel-leisure-and-food/gym-membership/cancelling-a-gym-membership/

Cancelling your DD shows your intent to cancel the agreement, it might not be their

preferred format for cancellation, but it is a method of cancellation all the same.

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

Hi Mjc,

We've been dealing with gym issues for a long time and maintain that cancelling a gym contract is adequate notice of intent to cancel.

The High Court case of The OFT v AMSL in 2011 refers.

Do as I said in my last post above and write offering to pay ONE month's fee only, for the month after you cancelled the DD mandate. Post a draft of the letter here first so I can check it quickly.