Hi.

I have been reading the very helpful posts re Harlands and would like some advice on my current issue with them please.

I joined a local gym with no contract and 2 months ago my direct debit bounced.

This was entirely my fault and I immediately paid cash at the gym instead.

I then received an email from Harlands advising me that as payment had been rejected I owed them 19.99 + 25.00 admin charge.

(At no time have I ever been informed that an admin fee applies, nor have I ever signed a contract).

They said they would be taking payment of this £44.99 in 10 days time.

I replied to their email telling them I had paid cash (19.99), and that I was not advised of any admin fee, and that I had cancelled my direct debit therefore do not attempt to draw on it in ten days time as I had already paid the gym.

They did, of course, and I then received another letter telling me that as the dd had been returned I now owe them 69.99.

I replied by letter, setting out the facts, and telling them to contact the gym to confirm that my membership is not outstanding. I also phoned them twice.

I also paid this months 19.99 in cash to the gym, and have now received a Harlands letter telling me that I now owe them 94.99 - the letter states that "they note that I have not contacted them", when I've phoned twice, send one email and one letter.

I have now set up another dd with the gym to start on 1st June

- but we've set it up on my mum's bank account so they can't attempt to take this "arrears".

My question is

- should I pay them the original £25 admin fee to get them off my back?

I was at fault as there weren't sufficient funds,

but on the other hand I have never signed a contract or been informed of any admin fee.

I am not in arrears at the gym, although Harlands are still trying to take 1 x 19.99 as well as their 3 x 25.00

Any advice of where I legally stand would be much appreciated.

They have given me until the 22 May before they pass it to a Debt Recovery company

many thanks

you've done right

simply ignore them.

a DCA is not a bailiff.

dx

Thank you.

Hi MrD and welcome to CAG

We always tell folk to challenge the admin fees.

The debt recovery company will be CRS - Harlands in disguise !! They can be safely ignored.

The admin fee will have been mentioned in T&C's that you should have insisted on seeing before signing up. However, just because the admin fee is mentioned does NOT make it lawful or enforceable.

If the gym is happy for you to pay in cash, continue the m/ship as long as you want. Otherwise I'd consider the m/ship cancelled on the basis of Harlands attempts to charge unlawful admin fees.

How do you want to play this ? Let us know so we can suggest how you deal with the gym; or write to Harlands.

Hi Mr S!

Thanks for your reply.

.. Yes I should have realised that there would be t&c's

but as the gym advertise themselves as "no contract" and hadn't signed anything I didn't think to ask.

The gym were happy to accept cash for April when I explained the dd had bounced, and again for May when I told them I had cancelled the dd to stop Harlands from taking unfair charges,

but said that I would need to pay by dd going forwards from June.

I want to stay with the gym,

so I agreed to set up a new one,

which I've done on my mother's account at her suggestion

so Harlands cannot take their "arrears".

I gave the gym a copy of the letter that I sent to Harlands and asked them to let Harlands know that I had paid in cash.

They say that they've done that but said of the "admin fee" - yeah you'll probably have to pay that.

Going forward I would like not to pay the admin fee if I can legally challenge it!

I didn't know if I should pay the first £25 that they imposed, because I was at fault there

... but I really don't want to pay the next 2 x £25 that they've charged because they've totally ignored my instruction not to draw on the dd because I'd cancelled it.

The current situation is a letter from Harlands insisting I pay £99

- which includes the £19.99 that I've already paid in cash.

Thanks so much for your help!

the fees are unlawful under FCA guidelines as they are a penalty.

Thanks, I'll stick to my guns and not pay them in that case ...

Hi Mr D,

Please forget the idea of paying the 1st £25 admin fee. You don't have to pay it but, if you do, Harlands/CRS will harass you to pay any other admin fees they want to charge you.

If you can pay using YM's bank a/c by DD, that's great but keep us informed about what Harlands/CRS say about collecting the alleged arrears. And please remember, Harlands/CRS are simply chancers who prey on the uninformed !

Great, - I'll write to them tomorrow and enclose copies of my previous letter, and send it recorded delivery. Will keep you posted. Many thanks for your help

don't waste money on recorded

2nd class with free proof of posting from the PO counter is all you need.

also I wouldn't bother inc copies of old stuff

they wont be interested.

simply letter keep it short sweet and light! [cheaper!]

dx

Will do, many thanks

Just a quick update - received a letter yesterday from Harlands "apologising for the miscommunication" and the matter is now closed!!

Thanks everybody for your advice

Hi MrD and thanks for the update which is great news.

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