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About Applefat

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  1. Does the signing of the contract not mean I agreed to the T+Cs?
  2. Just called trading standards and they advised that I get a copy of my contract and also proof of where the amount owed has come from. They also recommended that I pay the fees as if it went to court I would be in a breach of contract as it does state in the contract that there is a £25 administration fee.
  3. Received yet another letter of threat on 9th March 2017: "Following our initial letter, we are disappointed that your account with Xercise 4 Less is still in arrears and our fee has not been paid. We would still like to reach amicable (lol) resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed. The options available to us are: 1. Legal action We believe you are in breach of a legally binding contract with Xercise 4 Less because you have not paid your membership and our fees. We may pursue a claim under this contract through the Courts. If we do so the following process would apply: 1. We will write a formal letter explaining what we are demanding and give you a final opportunity to pay/repay 2. If this failed to settle the matter we would issue proceedings against you in the County Court 3. You could then either: a. make payment, ending the legal process, or b. dispute some, or all, of the amount was owed 4. If you dispute the amount was owed the Court process would continue, at the end of which the Court would make a decision on our claim 5. A strict Court timescale will apply in relation to the Court process. Were we to be successful in our claim, or if you ignore the claim, a County Court Judgement (CCJ) may be registered against you requiring you to make payment. You may also be liable for our costs of pursuing legal action and interest on the amount owed. If you then fail to pay the amount covered by the CCJ we would take the next steps required to enforce the judgement. To do this we would have to make an application to the court. 2. Outsource to external agents Your account would be passed to another Collection Agency who will take further action to recover the monies owed. You can avoid this happening if within the next 10 days you contact us on 01444 449165 to arrange payment with us" Does this threat have any legal backing or is it simply another means to attempt to extract payment from me? I (and I assume many others) am not too fond on the idea of having a CCJ against me, but I feel as if they may actually issue one. Any advice would be appreciated, cheers in advance.
  4. Small update as I have received a few letters in between my last post. The most recent letter is from CRS, which I can see at the bottom of the letter, and from reading other threads, is a trading title of Harlands. The letter says: "We have been advised by Harlands that you have stopped making payments under your membership agreement with Xercise 4 Less. Your balance of £129.97 is now due to be paid no later than 2 February 17. Call Harlands etc etc and pay the balance Harlands would like to resolve this matter before further action is needed. However, under your agreement with Harlands, you have promised to pay this debt. If you continue to refuse to honour that commitment, Harlands will have no option but to take legal steps to collect the outstanding balance." Call it £130, take away the 2x £10 payments I owe them, and you're left with £110. £110 doesn't divide by their £25 admin fees, so I have no idea where this extra £10 has come from. Do I need to respond or do anything with these letters? I'd rather not have any "legal steps" taken against me. Cheers in advance.
  5. So I e-mailed them what I showed you all previously and this is the reply I got: "Dear XXXXXX We write in relation to your membership with Xercise 4 Less. Your account is currently in arrears for the month of December 2016. These arrears stand at £59.99. Your next instalment falls due on: 4th January 2017. We can confirm your arrears include £9.99 for your monthly instalment plus 2 x £25 administration charges for the missed payment. It does state in our terms and conditions, which you have agreed to be bound by, is that "If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £25.00 (which we require to cover our costs of seeking to pursue such payment from you).” Please contact our offices on the HARLANDS HELPLINE - 01444 449166 to clear your arrears with your debit or credit card (and reinstate your direct debit) by 4th January 2017 as you may otherwise incur an administration charge." It seems as if they should only add administration charges once every 30 days, but they have instead been adding them once every 7 days. In addition to this, they also want to reinstate my direct debit, probably so they can attempt to take the payments from me without my consent. How should I reply to this e-mail? I am concerned about them taking me to court to pay my arrears.
  6. I have drafted the following e-mail but haven't sent it yet. To whom it may concern, I was unable to pay the direct debit on 4/12/16 due to personal circumstances. However, Harlands have tried to charge an unlawful £25 penalty on top of the gym fee. Because of this I hereby cancel my gym agreement effective immediately. As these administration fees are unlawful by FCA regulations, I will not be paying the £25 administration fee, but I am more than happy to pay the £9.99 payment from 4/12/16, and the £9.99 payment due on 04/01/17 in order to cancel my membership. If you allow Harlands/CRS to harass me for payment, I will make formal complaints to the CMA and Trading Standards. Yours sincerely, XXXXXX Is there anything I should add/remove from this email or will this do? Cheers for all your help.
  7. Thanks everyone, I'll get a letter drafted up to send to them and post it here. Thought there was a bit of daylight robbery going on here haha.
  8. Hey, thanks for your response. I called Xercise 4 Less earlier today and was told that the £25 fee was enforceable by law due to the contract I filled out when I signed up. However, I do not have a copy of this contract either in paper form or by e-mail, but was told that they would have it on file. Specifically they said that "you giving us your bank details implies an agreement". To me, this doesn't sound very legal and if it is not enforceable then I definitely won't be paying them. Kind of a nightmare and I'd advise anyone who is thinking of signing up to Xercise 4 Less to reconsider.
  9. Hi everyone, I missed a payment due to insufficient funds in my account on the 4th of December 2016 for £9.99. I have been reading a number of the threads in this forum detailing similar issues of having a £25 "administration fee" placed on top of that £9.99 I owe them for a total of £34.99 to come out of my account today. I have since contacted my bank and cancelled my direct debit with Harlands. I am happy to pay the £9.99 that I owe them, but I am not happy to pay a penalty charge of £25 (which I have read in other threads is unenforceable). I have cancelled my Xercise 4 Less membership today and I am due to pay them £9.99 for December, and another £9.99 in January to finally end the membership. I am happy to pay both of these payments of £9.99 My question is do I need to be worried about cancelling this direct debit, causing any further problems, or can I simply pay them the 2 payments of £9.99 and be done with this shady company? Thanks in advance for your time.
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