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Hello, I moved to university in Burnley in September 2014, and at the freshers fair there was a gym - the now notorious X4L. I joined on the 23rd September 2014 on a minimum 11 month contract. However, after the year was over I wanted to cancel but was unaware of the process as it had not been made clear to me when I joined so I just cancelled my DD which I had done at a previous gym with no trouble whatsoever. Then I got a letter from Harlands saying I owed money - I binned most of their letters (stupidly) so only have a few. To cut it short I got a letter on the 26th July saying my account was £69.98 overdue. The letter also said if I fail to pay my membership fees will CEASE TO BE ADMINISTERED BY HARLANDS (insinuating an outside debt collection agency). I paid them £104.97 (I have an email to prove this) as, in fairness, I had broken the T&C's of the contract I signed. I paid this on August 31st 2016 then the lady at Harlands told me to go online and cancel so I went and did it properly. Then on the 16th of November I got an email from Harlands saying they could not cancel my membership as they had not received confirmation from X4L. As I did it online I have no proof that I cancelled it so they'll say I haven't - but I did what was asked of me. I then received a letter from this 'outside debt collection agency' Called CRS (which I only opened today) dated from 13th December 2016 - saying I now owe £171.47. This outside agency has the EXACT SAME address, the EXACT SAME registered office as Harlands and the EXACT SAME company registration number and I will be keeping the letters as evidence if needed. Harlands have made up a debt collection company to try and extort more money from me (which I'm sure you already know about). This is such an obvious [problem] that X4L are certainly in on and I am so angry about it I have contacted X4L on twitter, contacted BBC watchdog and now contacted CAG. If somebody could suggest the best course of action now I would be hugely appreciative.
I have lurked around this sites before looking for advice relating to my problem and have found it very helpful. My problem is related to my gym and their agency responsible for debiting money Harlands. I see that they are often mentioned here. When signing up for the gym, gym staff signed me up without letting me read through the contract. I knew I would not be there for 12 months, but they assured me I could cancel it provided I prove I have relocated which seemed reasonable. Extra charges were of course not mentioned. I did not actually see terms and conditions as one of the members accepted terms for me in a hurry. They never mailed me the contract either, I had to obtain it from their website. One of the terms does state that upon failing to pay Harlands will charge me an additional £25 for the effort of having to find me. I changed addresses and was not able to view their letters. I did not know why they were overcharging me. I canceled the payment each time as every month they tried to take the increased sum rather than the normal gym fee. So each month was stacked up. Each payment was more than 2x of the gym fee on its own. I emailed them initially thinking I will be dealing with reasonable people, back then I didn't know their business model was ripping people off that don't know any better. I have pointed out to them that under Consumer Protection Law 2015 62 Requirement for contract terms and notices to be fair (1) An unfair term of a consumer contract is not binding on the consumer. PART 2 UNFAIR TERMS SCHEDULE 2 Section 63 CONSUMER CONTRACT TERMS WHICH MAY BE REGARDED AS UNFAIR 6 A term which has the object or effect of requiring a consumer who fails to fulfil his obligations under the contract to pay a disproportionately high sum in compensation. By my interpretation requiring me to pay more than double for a “administration charge” would be qualify as disproportionately high and hence that term would not be legally binding. I have emailed them saying that I am more than happy to pay what I owe to the gym, but will not pay the charges. Response was, I am legal bound to pay them. At first I tried reasoning with them that I will pay a single late charge as I do like using that gym. This was refused, had no reply from the gym. I had emailed the gym saying that I am unable to use the gym because of the problem Harlands have with me. I am canceling my contract with them as I can’t pay for service that isn’t provided. Again I said to them that I am willing to send them a cheque for what gym fees I owe them and deal with Harlands separately. Every reply I received since then from Harlands was that I signed contract and every contract is legally binding, ALWAYS. Even if a term in it would require me to fight the queen, sell my blood to them or anything else which can’t be a legal clause. Right now the sum I owe them went up to about £300 pounds, it will increase more once they pass on my case to their in house goons “CRS”. The language almost tries to hint at compound interest. My questions is am on the fair grounds for gym cancellation and what power do CSR/Harlands actually wield? Have they ever actually took anyone to court or not as they know they can not win. I am ok with being harassed with emails for next few years. I just want to know where am I standing was this actually to go to court. Thank you . Sorry if I have misspelled or confused some legal term, this isn’t an area I know much about.
phone call from credit security limited, didn't want to tell me much other than wanted to speak to ms xxxxx...as is they way now I wouldn't confirm and told them to write. am guessing they are a dca from the name, am puzzled as Lowell are the only one I know to be on my case. nothing has changed on noddle report. wondering if they are part of another dca? as a lot seem to be part of a group of them.