Hi

I recently cancelled my direct debit that was set up for my Gym etc membership. I had not used the gym in many moths ~6+ and I believe I was 1 month away from the 12 month contract being up.

I received a letter asking for the 25£ i owe as the final installment of my membership contract AND a 25£ admin fee to be payed, so 50£ in total. I am willing to pay the 25£ and either end my gym contract or keep it going but I am not willing to pay the 25£ admin fee.

I sent an email to harlands saying this:

Hi

I have not used my gym membership for many months due to a lack of time because of university and work and you can check that I have not used my membership by looking at my account.

I cancelled it and I thought that my contract, which I can't view anywhere, ended in July because in 2016 I cam back from Germany in July and started my membership again

. If possible I would like to either pay the 25£ that was due for the last month or restart my membership as in my current financial status an extra 25£ charge is something that I cannot afford currently.

I hope you understand this.

I have not yet had a response.

If they do not respond should i assume that they don't need to be paid.

And what should I do if i want to sign up to that gym again?

you don't give them another dd mandate that's for sure

the fees are unlawful.

read the forums here. And use one of the letters there. They wont do anything to you apart from harass and beg you to pay.

Hi Danny and welcome to CAG

You've done all you need for now by offering to pay the final fee so you've paid 12 months in total (I hope !!).

Don't argue with them by phone at all, nor by email.

Let us know how they reply when they do.

This is what they responded with

Many thanks for your email.

Under your contractual agreement that you have with GymEtc, Poulton you can only cancel your membership due to medical, redundancy or relocation when within contract. As you are currently still within your contract you will need to fit under one of these requirements in order for your cancellation request to be successful.

To cancel under the grounds of medical we require a letter from your GP or another, qualified medical practitioner which is formally headed, dated and signed stating that you are unable to participate in physical activity for a period of longer than 3 months.

To cancel under the grounds of redundancy or other loss of lively hood we require a letter from your most recent employer which is formally headed, dated and singed clearly stating the date to which you became unemployed.

To cancel under the grounds of relocation we require a utility bill, mortgage letter, tenancy agreement etc. to which is addressed to your new address and clearly states your name.

All proof can be sent either via email or post, if sending via email please send to with your reference number of in the subject box of the email. If sending via post we suggest that you send recorded delivery too;

Harlands

2nd floor, Rockwood house

9-17 Perrymount road

Haywards Heath

RH16 3TW

Please be aware that all proof is only valid from the date that Harlands receive it, meaning that all payments/arrears that stand on the account before this date must be paid in order for us to action your cancellation request, this does not stand for cancellations due to redundancy (arrears are waived).

Once sufficient proof is received and reviewed your membership will be cancelled.

Furthermore, should you not apply for the cancellation requirements please be aware that we have successfully set your membership to nonrenew, meaning that at the end of your contract your memebrship will automatically cancel along with your direct debit. Your final contractual payment will be debited from your account on the 1st September allowing you full use of the facilities until the 1st October.

Following, please be advised that all direct debits are cancelled on the date that the membership is terminated and all outstanding monies on the account must be cleared to avoid further charges being correctly applied and in order for the membership to be cancelled successfully.

We trust you find this to be in order,

Yours sincerely,

Tiffany Beard

Harlands

Does this mean that they still want me to pay the 25£ i owe for the month and the admin fee of 25£?

you are paying up to the end of the agreed period and that is that.

telling them you cant afford their admin fee is just silly and has now lead them to write silly letters in response.

Your letter should have just simply said,

I am giving notice of the cessation of my gym membership as of the xxth of month as per the terms of the membership contract agreed at the beginning of the year .

Please find enclosed payment of £25 as the balance due.

That is assuming you have cancelled the DD.

If you haven't cancelled the DD then do so as soon as the sept payment goes out and you will owe nothing as it will automatically be cancelled anyway

They are telling you this and say if you dont do it nicely they may charge you for their mistakes.

Hi DF,

Can you check back and tell us exactly how many months m/ship fees you've paid in total.

Do not reply at all to the email or any of their demands/suggestions.

I have paid 11 months out of a 12 month contract

Then you pay the final month direct to the gym and tell harlands to take a running jump. use whatever way of telling them you like, as they have absolutely no rights to do anythign and wont do anything

Then you pay the final month direct to the gym and tell harlands to take a running jump. use whatever way of telling them you like, as they have absolutely no rights to do anythign and wont do anything

How do you know they have no right to do anything as they have sent me another email saying that if I do not pay the 50.00 then charges will continue to be added to my account. Do you think it's best to ring the gym and speak to them directly

A DCA is not a bailiff

Ignore them

If you have written by Royal mail offering the final gym payment but not any fees

And they've refused your offer

You now ignore them

And block their emails

Shame you gave them a free way to harass you!!!

This is something that is in the contract

If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection.

The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address without telling us.

30 days hasn't passed yet

can i use this to say that i am only required to pay the 25£ fee for the membership and not the 25£ admin fee.

I just want the easiest way to end this escapade

Another thing that has happened is that my account for the gyms website has been closed because I cannot sign in or reset my password because my email isn't recognised

So what

You've offered

They refused

You ignore them all now

Yes, i offered to pay them the 25£ that i owe for the last month of my membership but they are still insisting i pay the extra 25£ admin fee

They can insist on whatever they want. It doesn't make it legal. They're penalty charges and unenforceable under regulation and law.

They're just trying it on to get money from you

But, how can i pay the 25£ that i owe for that last month. I just want rid of this

I was thinking of calling the gym and trying to sort it out with them

Why?

So i could pay the 25 that i owe for the last month

No!!

You gave them a free way of harassing you..

But, isn't there a chance that this could escalate and I could be forced into paying the fine. What is it I should do then

You gave them a free way of harassing you..

How did i do that?

This is what they said in an email today

Many thanks for your email.

Please be advised that until the arrears in question, to which currently stands at £50.00, are paid in full the default proceedure will continue in a result further charges will be correctly applied to which will be deemed due and payable under your legally binded contract with GymEtc, Poulton.

We trust you find this to be in order,

Should you have any further questions please do not hesitate to contact our offices.

For all Enquiries Call Harlands : 01444 449041 Quote Reference : 33684331

Office hours: Monday to Friday, 9am - 5pm

Yours sincerely,

Tiffany Beard

Harlands

Hi DF,

We have been dealing with these jokers for many years. We know what we're talking about.

Stop arguing with us and read other threads here. There are many hundreds that all have similar cases and the same ending.

Harlands rely on people doubting themselves; on people being afraid this will escalate; on being afraid they'll be taken to court; on being afraid this will affect your credit files. But none of this will happen !!

You've offered to pay the final £25 that's reasonably due - if Harlands choose to ignore your offer, that's their problem.

Do NOT speak to the gym - they'll NOT help you sort this.

I'll dig out one final letter you can send Harlands to finish communication with them. Do nothing more until I come back ...................

Ok, I wasn't trying to argue in the post I made before.

I am thankful for everyone that has helped me.

Im just worried that the fees will continue to increase and I could be forced to pay a lot of money.

I will wait for you before I do anything else

Send this letter to Harlands and get a free Cert of Posting at the PO.

This is all you need do now. No further contact with Harlands/CRS or the gym.

Dear Sir or Madam,

I refer to my membership at Gym Etc for which I have paid 11 months' fees.

I cancelled my direct debit mandate making the gym and Harlands aware of my wish to cancel but I owe a final fee so I've paid the required 12 months. So I am now offering to pay a final month's fee of £24.99. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

If you confirm in writing that you will accept the amount of £24.99 in full & final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

Yours faithfully,

Send this and let us know how they reply.