Hi ..

I'm new to the group but joined as I saw all the advice regarding Harlands and their extortionate ' fees'

My son joined Helio Gym in Bolton last September as a he started at the uni there.

He set up a direct debit.

The first debit defaulted in October but was re submitted and paid in November.

He then defaulted on the November and December payments .

He told me that he had paid £100.90 ( consisting of 25.90 gym fees for 2 months and 75 pounds ' admin fees' ) at the beginning of January to Harlands !!

He assumed that that would be the end of it and cancelled the d/d.

Last weekend he admitted all this to me and said they had now sent a request for another £105.35

( consisting of 38.85 gym fees -apparently it was a 6 month contract, and a 66.50 ' recovery' fee as it has been passed to CRS.

Whilst. I don't condone his behaviour defaulting on payments these fees are astronomical.

Would you advise paying the gym fees directly to the gym or to Harlands and then corresponding with Harlands/CRS to tell them their penalty is unlawful. And could he try and recover the admin fees he's already paid?

I'm so cross with this company..

I've spoken to them and the gym at length and they are not budging.

The gym don't even seem to be able to tell me what contract he was on as initially they said 12.95 a month was for 12 months and he would have been on 14.95 for 6 months.

Harland say it's 12.95 for 6 months ..

sorry for rambling: any advice will be appreciated

Evening Cathy

Your thread has been moved to the Gyms forum.

There is no action for you to take.

FKO

been had blind sadly

all you owe is one months membership after the date you officially cancelled

but as you say

hes been charged numerous unlawful fees that he's sadly blindly paid

stop ringing them

theres nowt they can do to you or him

they don't do court

any any DCA on ANY debt with anyone

are TOTALLY POWERLESS

they ARE NOT BAILIFFS.

dx

I know

do you think he should just ignore everything or pay one months membership fee as notice then ignore .

And do you think he could try and claim the ' fees' already paid back or just take is as lesson learnt ....

Hi Cathy,

Please read other threads here to see how we've told others to deal with Harlands/CRS.

Stay off the phone from now on. Calling the gym or Harlands is a total waste of your [or YS's] time.

When YS paid £100.90, was this taken by Harlands by one or more DD's, or was it paid by another means. Please confirm.

Don't worry about Harlands/CRS and their demands for now. We argue that YS had every right top cancel the DD mandate and the gym m/ship due to Harlands attempt to charge/collect their unlawful admin fees.

Answer my query and we'll take it from there.

use the fees as payment toward missed gym membership.

what date did you first try and cancel with anyone too please.

Hi Cathy,

 

Please read other threads here to see how we've told others to deal with Harlands/CRS.

 

Stay off the phone from now on. Calling the gym or Harlands is a total waste of your [or YS's] time.

 

When YS paid £100.90, was this taken by Harlands by one or more DD's, or was it paid by another means. Please confirm.

 

Don't worry about Harlands/CRS and their demands for now. We argue that YS had every right top cancel the DD mandate and the gym m/ship due to Harlands attempt to charge/collect their unlawful admin fees.

 

Answer my query and we'll take it from there.

 

Hi, thanks

I believe he cancelled the direct debit mandate in December. He paid the 100.90 over the phone using his debit card at the beginning of January ..

Hi, thanks

I believe he cancelled the direct debit mandate in December. He paid the 100.90 over the phone using his debit card at the beginning of January ..

He cancelled in December but I understand from the gym it was a 6 month contract which would have taken him to March this year.. he joined online and just received terms and conditions via e mail

Hi Cathy,

In reply to the Q you asked in your first post, YS won't be able to pay the gym direct - that's not how they work as all fees are paid via Harlands.

You and YS should now simply ignore demands from Harlands/CRS.

Get him to write to the gym by letter as follows :-

The Manager

Helio Gym

1, Morston Point

Manchester Rd

Bolton

BL2 1HA

Dear sir or madam,

I refer to my gym membership started in September 2016.

I am a student and, when my DD payments bounced, Harlands added on several admin fees in addition to the membership fees I had to pay.

I now understand their admin fees are not lawful and they're unfair to me as a consumer.

Accordingly, I now consider our agreement to be ended immediately.

If you cause or allow Harlands/CRS to harass me for payments, I will make formal complaints about Helio to Trading Standards and The CMA.

Yours faithfully,

This should be sent by post and get a free Certificate of Posting at the PO when it is sent.

Don't respond to any demand from Harlands/CRS (they're the same outfit) but keep us posted.

I also suggest YS tell the gym he's moved back to YOUR address so you or he sees all letters and demands they send whether he's at Uni or on hols.

This should not affect YS's credit files. But I hope he learns some lessons from what he's been through . Most of all, YS needs to learn NOT to stick his head in the sand when he's short of funds and a DD bounces.

As well as having to catch up with missed DD's, the bank may or will hit him with THEIR default fees !

chargeback time too?

dx

Hi Cathy,

 

In reply to the Q you asked in your first post, YS won't be able to pay the gym direct - that's not how they work as all fees are paid via Harlands.

 

You and YS should now simply ignore demands from Harlands/CRS.

 

Get him to write to the gym by letter as follows :-

 

The Manager

Helio Gym

1, Morston Point

Manchester Rd

Bolton

BL2 1HA

 

Dear sir or madam,

 

I refer to my gym membership started in September 2016.

 

I am a student and, when my DD payments bounced, Harlands added on several admin fees in addition to the membership fees I had to pay.

 

I now understand their admin fees are not lawful and they're unfair to me as a consumer.

 

Accordingly, I now consider our agreement to be ended immediately.

 

If you cause or allow Harlands/CRS to harass me for payments, I will make formal complaints about Helio to Trading Standards and The CMA.

 

Yours faithfully,

 

This should be sent by post and get a free Certificate of Posting at the PO when it is sent.

 

Don't respond to any demand from Harlands/CRS (they're the same outfit) but keep us posted.

 

I also suggest YS tell the gym he's moved back to YOUR address so you or he sees all letters and demands they send whether he's at Uni or on hols.

 

This should not affect YS's credit files. But I hope he learns some lessons from what he's been through . Most of all, YS needs to learn NOT to stick his head in the sand when he's short of funds and a DD bounces.

 

As well as having to catch up with missed DD's, the bank may or will hit him with THEIR default fees !

 

Thanks so much, will get this letter done and keep you updated

..

chargeback time too?

 

 

dx

Thank you, what's chargeback time ?

Hi Cathy,

Quite simply, work out what YS should have paid up until he cancelled the DD. Let us know how much this is, and how much he's paid in total.

Then we can decide if he should seek a refund of DD's paid using the DD Guarantee Scheme, or a "chargeback" where you tell the bank you need a payment reversed because it was paid in error, or because you were misled by Harlands.

Hi , if he had to honour the 6 month agreement then the charge would have been 77.70 . He paid £100.90. Plus the one d/d payment of 12.95 so 113.85 in total. He cancelled the direct debit in December so that would have been 3 months 38.85

Hi Cathy,

I'd argue that Harlands have breached YS's rights by demanding unlawful admin fees. Therefore YS should not be bound by the gym agreement.

I think (and I'm sure DX would agree) that YS should seek a chargeback of the amount paid of £100.90 but contacting the bank. He would say he was deliberately misled into paying fees that he now knows are not fair or payable. And he wants the £100.90 repaid using the chargeback facility.

Before we decide, please confirm when YS last used the gym.

too right get it back argue afterwards.

Hi Cathy,

 

I'd argue that Harlands have breached YS's rights by demanding unlawful admin fees. Therefore YS should not be bound by the gym agreement.

 

I think (and I'm sure DX would agree) that YS should seek a chargeback of the amount paid of £100.90 but contacting the bank. He would say he was deliberately misled into paying fees that he now knows are not fair or payable. And he wants the £100.90 repaid using the chargeback facility.

 

Before we decide, please confirm when YS last used the gym.

 

Hi , he last used the gym end of November. Letter has been typed up and is going in the post tomorrow..many thanks to you and DX for your advice

Before sending any letter to the gym, I suggest you seek the chargeback via YS's bank first.

If that's successful, then you can write to the gym offering to pay any balance you owe.

Ok ..many thanks .. we sent the letter before coming back to check any more advice..whoops.. Will go into the bank re the chargeback and if successful send another letter to the gym ..

Many thanks again for your advice

chargeback is done on the phone

call your card provider now