I joined a Gym called Fitspace
during the first Month a double payment of £11.99 was made to them
. I only realized this when i checked over a week after it was taken out via my bank statements.
This indicated to me that it could happen again as I was not contacted by the gym regarding this mistake.
I sent a letter to by Bank and to Fitspace stating that the Contract had been breached as the contract stated the first payment of £11.99 will be taken out on the 16th of August 2015.
however a double payment was taken out on the 17th of August 2015.
I expressed that i have lost trust in the Gym for making this error and not following up to rectify the mistake.
I received an email from Fitspace apologising for the mistake,
instructed me to cancel my DD immediately by 27th of August 2015 and they offered me a free month if i was to rejoin.
The reason for the double payment was a duplicate account was made, which i have no idea on how that happened.
Then on the 3rd Of September I received a letter from harlands stating 'We write to you to confirm that your duplicate membership has been cancelled and the duplicate payment has been credited against your missing August installment on your live account.
The terms of your Membership Agreement mean that you have to repay all your installments by Direct Debit. Therefore, you must call Harlands Helpline immediately'....
I chose to ignore the letter and received another letter on 20th of October saying that they have added admin fee leaving me at £31.99 in arrears. I chose to ignore this letter also.
Then on the 20th of November 2015 i got another letter stating that they have added a further £20.00 charge which is leaves me at £63.98?? (dunno how they did the maths on that).
They further threatened me saying that further charges will be added if i do not contact them by 4th of December 2015 and the balance of £159.90 will be passed on to a DRC who will add their fees onto my account.
So i have written out a letter but before i send it i wanted to check up on it with the experts (YOU GUYS )
To whom it may concern
I am writing to you regarding the lawful cancellation of my FitSpace membership, Fitspace reference number:
First of all my argument against you is that Fitspace has acknowledged the mistake made by them and allowed me to cancel the membership on terms of breach of contract.
They asked me to cancel my direct debit immediately by the 27th of August.
They also offered me a free month if i was to ‘re-join' with them.
The word 're-join’ confirms the agreed cancellation of my membership.
No disputes were made by them about having to reinstate by direct debit because they know just as well as you do, if the contract is breached I am in my legal right to cancel my Direct Debit.
I have this written in Email sent to me by Fitspace which i will attach to this letter.
I hope you realize under The Protection From Harassment Act 1997 you are breaking the law by sending out these invoices in the pretext of bills/debts.
You have no power or authority to do so, if you choose to continue with harassment I will be forced to report your actions to the Trading Standards and to the CMA.
I would also like to notify you that I entered in a 12month contract with another one of your Gyms (Xercise4less).
If this harassment continues I will most certainly be cancelling my membership at the end of the contract with Xercise4less
. Also I was told by Fitspace that the double payment would be cancelled but it never was.
I did not chase this up as I wanted to leave with a good gesture
. Also do not attempt to settle me with further ‘good gesture payments’ as I am absolutely aware that I do not owe any money and I did not break any membership agreement as you argue against me.
If you genuinely believe I owe a debt then do not hesitate to skip all the nonsense and pursue this case in court.
I hope you are aware of a high court ruling where a judge openly said these gyms are out to take advantage of people and that there is no room for this kind of practise in business.
Il be looking forward for your sincere advice and help