Hi,

Firstly I know there are hundreds of threads for this same matter but I don’t think any apply directly to me.

I received an email today from Harlands claiming that I owe them £104.97.

This is for a gym membership I took out around February 2017 whilst working away from home.

When I signed up to the gym I was told it was a 12 month contract and nothing else.

I was surprised to see the payment still coming out a few month down the line once the 12 months was up and I cancelled the direct debit on the online banking app. Heard noting and thought nothing of it until today I received an email saying I owe them the above amount.

The email contained an attached letter from CRS threatening legal action if I do not pay.

I rang immediately to question why I owed them and it’s because I didn’t follow the cancellation procedure and didn’t let them know and that they charge me every month for missed payments, the £9.99 per month membership fee and £25 late fee.

I asked what would they accept payment wise and he said if it wasn’t paid in full by the 9th October they would take me to court.

I refused to pay the amount as I believe it’s daylight robbbery!

My question is what should I do next?

I cancelled the direct debit in July so there are 3 missed payments.

Should I email them offering to pay the 3 months I’ve missed and then cancel it after?

I really can’t risk this effecting my credit score as I am applying for a mortgage next March/April! But I really don’t want them taking my hard earned money just because they’ve decided to ask for it!

Any help would be awesome!!

You're right. It is daylight robbery.

Write to them and tell them to bring it on. Their late payment fees are unenforceable penalties and in any event the contract was for a clear 12 months and they were not entitled to extend it without a clear OK from you.

After that, ignore them

Hi,

Thanks for the reply.

So with me offering to pay them the 3 months that I missed, there’s no way they can take me to court for the late fees etc? I’m just really worried about this appearing on my credit file at some point.

read a few threads here

you are exactly the same as most

gyms don't do court

they didnt say they WILL take you to court..stop ringing them!!

gym debts don't appear on credit files.

block their texts

block and bounce their emails..

end off problem.

a dca is not a BAILIFF

and have

ZERO legal powers

Did they take DD payments after the initial 12 months.If they have claim them back through the D/D Guarantee scheme as they were taken without your authority just tell your bank. As one of the earlier posted reply stated that the Gym should have contacted you to confirm you wished to continue with the Gym.As dx100uk stated they dont do Court action as all thier supposed penalty charges are illegal and un-enforcable they haven only taken someone to court one occasion and were thrashed by the judge so they know they onto a loser if they do

unlawful not illegal..

Hi CS and welcome to CAG

Please see my PM to you and reply.

I would suggest a slightly different approach. When you signed up to the gym, you agreed to an initial 12 month term AND agreed to give 1 months to quit.

Write to the gym telling them you are reclaiming all DD's taken by Harlands beyond the 12 months, via your bank using the DD Guarantee Scheme.

And tell the bank you are willing to pay 1 final month's fee for the notice you failed to give but the offer is valid for 14 days only, after which you will pay nothing.

And if they demand any higher amount you will not pay them.

See the letter here but ignore the first 2 paras - https://www.consumeractiongroup.co.uk/forum/showthread.php?467583-Harlands-CRS-Letter&p=4928036&viewfull=1#post4928036

Post your draft letter here first for checking if you want and ignore all demands, texts, emails from Harlands/CRS for now.

Hi again,

So I sent an email to Harlands/CRS explaining I am willing to pay for the three months that I missed and that I had called to cancel and they continued to send the same exact demands without ever replying to my offer letter (sent in September). Fast forward to last week they are threatening to send the debt to Zinc group LTD. here is the email.

REF No:8608665SCARBOROUGHCRS HELPLINE:01444 449 165

ACCOUNT BALANCE: £ 207.47

YO12 7NWDear Mr Scott

IMPORTANT - PLEASE CALL US TODAY ON 01444 449165

Re:CRS Ref No:

Xercise 4 Less Ref. No:

We regret that despite our attempts to reach an amicable resolution to your account, you remain in arrears toXercise 4 Less

.We must therefore give notice that failing to reply to this letter within the next 10 days will result in your accountbalance being passed to Zinc Group Ltd, one of the UK's leading providers of debt recovery solutions.

WE WOULD STILL LIKE TO RESOLVE THIS MATTER

We're still happy to listen to your reasons for not paying and will do whatever we can to reach an acceptableresolution for both parties. All that is required is for you to call us on 01444 449 165 by no later than 2nd

My question is what’s my next move and just some reassurance about how this hopefully won’t affect my credit score would be greatly appreciated!!

Thanks.

We said WRITE.

Just ignore them now

Hi GS,

Unless you follow our advice (as given above), you're going to have these fools chasing you for many months I'm sorry to say.

After my advice in post #7, why did you offer to pay 3 months' fees ??

Send NO more emails and ignore Harlands/CRS. Let us know what they threaten next but don't respond to them until we've advised.