Hi All,

Joined Lifestyle Gym last year. Paid a few months and only went once! My own fault, I just didnt have the time to go so I cancelled my direct debit.. Silly thing to do I know but I'm not refusing to pay.. I have the following breakdown from CRS of what I owe:

- £113.33 - Membership Fees, due under the terms of your Membership Agreement (DEC 2017 onwards)

- £50.00 - Administration Charges, incurred due to missed payments in December 2017 & January 2018

- £66.50 - Recovery Fee, incurred as the file was passed to CRS (both applied under the terms of your Membership Agreement)

£229.83 – YOUR ACCOUNT BALANCE

I am by no means refusing to pay but I just wondered are the fees they have charged here enforceable.. I have had a look around the forum and I don't think they are. If they are then of course I will pay but just wanted to check before I do.

Thank you

Tink

no don't pay those

if anything you simply owe 1 month membership fee following the DD cancel.

use the slick132 letter on many threads here and offer THAN ALONE.

Thanks for your reply! Do I not owe them the £133.33 for the full membership fees though? They are saying:

On 17 JUL 17 you entered into a Membership Agreement with Lifestyle Fitness. You agreed to pay £16.19 a month for a minimum period of 12 months.

As your minimum term of payments was not honoured and you failed to rectify your breach of Agreement charges were applied to your account and your file was referred to ourselves for collection.

Thanks again

Tink

As post 2

Hi Tink,

Have a read of the guide here - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!&p=4795305&viewfull=1#post4795305

Then let us know if there were any of the 4 circumstances that would enable you to cancel, eg moving home or work, redundancy, etc.

If so, give us brief details.

If not, when did you join the gym and was it a 12 month m/ship agreement.

One option (if other options aren't available to you) is to offer to catch up the missed payments if Harlands/CRS agree to NOT charge any admin fees. When they refuse to do this, I'd simply refuse to deal with them as the admin fees they seek to charge are unlawful and unenforceable.

Hi Slick,

Thanks for your reply..

I have had a look at it and I don't meet any of the criteria of the four options.

. I joined in July 17 and it was a 12 month membership.

I have offered to pay the outstanding balance not including the admin charges and they have replied with:

As your payments were not honoured and you failed to rectify your breach of Agreement charges were applied to your account and your file was referred to ourselves for collection at which point you became responsible for our collection fees.

These charges have been added to cover actual and necessary costs incurred because of your breach of contract, and are stipulated within the terms of that contract.

It is our position that our charges are lawful and in line with all relevant guidance.

We may, in some circumstances, be able to negotiate a reduction on these charges, but will not accept any offer of payment that gives no consideration to the costs these charges cover.

For the above reasons, we shall be pleased to negotiate on this sum, taking into consideration your concerns, but cannot accept your offer to pay just the remaining membership fees as sufficient to settle this balance.

I guess I should refuse to deal with them now until they agree?

Thanks Tink

correct!

Hi Tink,

I think it's a bit too early to ignore Harlands/CRS and I suggest you put your case on a stronger footing. Explain your position clearly to Harlands/CRS, about why you will not pay their admin fees and how their demands are unfair to you as a customer - causing you to withdraw from the m/ship due to their behaviour. I suggest you send Harlands a typed letter as follows :-

Dear Harlands/CRS,

Membership at Lifestyle Gym, [town/city]

I realise I should have discussed with Harlands or the gym my wish to cancel my membership before I cancelled the DD mandate. Accordingly I am now willing to pay for the missed monthly fees and bring the payments up to date.

I will not, however, pay any admin fees to Harlands/CRS. I believe such fees are unlawful and unenforceable. I also challenge the £66.50 Recovery Fee for "the file being passed to CRS" when Harlands and CRS are effectively one and the same.

I therefore now offer to pay you the monthly fees to bring the membership up to date and I will reinstate a monthly DD. Let me know the bank account details and payment reference within 14 days and I'll pay you.

If you fail to accept my offer within 14 days or demand any higher amount, my offer will be withdrawn and I reserve the right to cease communication with Harlands/CRS.

Yours faithfully,

Get a free Certificate of Posting at the PO when you send this.

Ignore any calls, emails or demands from Harlands/CRS and keep us updated.

Hi Everyone,

Just an update, sent an email along of the lines of what you sent to me slick and they have replied saying seen as though I am not willing to negotiate on the fees/charges I have 7 days to contact them.

I did offer a reasonable amount each month to clear the outstanding membership balance but they are not compromising on the fees/charges.

This was sent by email by the way as it was the most convenient and quickest way to contact them for me.

Shall I now advise them I will only respond in writing through the post?

Thanks for all your help

You ignore everyone totally now

It would be better if you sent EXACTLY and only what slick wrote by 2nd class with free proof of posting from the po counter

Hi Tink,

Your email communication has prompted them to just fire an email back - the letter would have been better.

In any event, as DX says, simply ignore them now, exactly as you told them (I hope) in your email.

No need to reply to Harlands/CRS and doing so will simply encourage them further.

Although you had no right to cancel when you did, you can now withdraw from the agreement on the basis of Harlands attempt to charge you unlawful admin (penalty) fees.

Hi All,

Sent a letter with what you said to say Slick. Got an email reply from them - just stating 'as per previous correspondence our position remains the same' .

Not replied via email and dont intend to. Shall I send another letter?

Thanks

No ignore them now

Block and bounce back their emails

As DX says, no letter or email now - just ignore them but keep us posted.

Hi Guys,

Just thought I would update you as its been a few months now. I have been ignoring them as you both suggested. They keep emailing and texting asking me to contact them and offered me a 20% discount if I pay in full today. Obviously not going to happen - do I still keep ignoring.

Thank you

Yes, absolutley.

Ignore !!