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  1. Hello, I began a 12 month contract with my local Xercise4Less gym at Hamilton on the 18th of April 2017. I'm moving to Edinburgh City Centre on the 9th of September and it's not going to be practically possible to travel 5 miles to get to the nearest Xercise4Less gym everyday, I'd like to cancel. What's the best way to go about it to ensure that Harlands don't get any more money than they are due? I looked at the sticky and it recommended to send a letter to head office informing them that you are cancelling. Should I do this along with telling them the reason for cancelling? Thank you. Kind Regards Jambo
  2. Morning everyone, Hoping you can help with another Harland’s mess. Tru gym- first joined 28th April, £19.95 p/m. As per sign up email; “You are committing to a single £0.00 Admin Fee payment and £19.95 per month for a minimum of 1 months. After this minimum term your membership payments will continue on a monthly basis.” First payment came out on 12th May- £19.95 Second payment was taken on 30th May- £19.95 Monday 12th June, notices went up around the gym saying they were closing down and would ‘cease trading on Wednesday 14th June 2017’. My direct debit was then cancelled by the gym/Harland’s on the Tuesday 13th June, without me having to do anything. Later that Tuesday/Wednesday the gym announced they were then staying open. I had found a new gym to join by this point and went ahead with joining this new gym so I didn’t reinstate my DD with Tru Gym. I thought that was the end of it until 13th July when I noticed I had been charged another lot of £19.95 on the 6th July, from a direct debit for Tru Gym that had been reinstated around the 4th July. This direct debit was reinstated on my bank account without any approval from myself. I signed up to the first DD, but not this second one. I spoke to my bank and raised an indemnity claim for this unapproved second direct debit. I emailed Tru Gym explaining what had happened and that this email should be taken as a cancellation notice of my membership with immediate effect. I then have an email from the gym manager claiming a refund would be processed for the mix up, and my membership would be immediately cancelled. I was refunded on the 14th July for a total of £19.95. I have spoken to HSBC twice on the phone who have confirmed the indemnity claim has been fulfilled as the gym have been refunded me directly. Harland’s are claiming this indemnity claim still shows as valid on their system, and as the bank are chasing them for it, if Harlands pay the bank, I will have to refund Harlands, plus the admin fee of £25. Harlands confirmed over the phone if I could prove the indemnity claim was cancelled by the 16th Aug this would close the case and I would owe them nothing. I spoke to the bank on the 8th August, who said they could send a letter to confirm the indemnity claim would be cancelled, I’m still currently waiting for this letter but will be ringing the bank later to chase this up. I’ve now received an email from Harland’s stating that as I have yet to clear my account I now owe them £69.95. “Under your Membership Agreement, you have promised to pay this debt. If you continue to refuse to honour that commitment, we will have no option but to take further steps to collect the outstanding balance. We want to help you resolve this situation but you must call us. Ignoring our letters is only resulting in further charges being added. Please call the HARLANDS HELPLINE on 01444 449025 to clear your arrears by Debit/Credit Card and reinstate your Direct Debit. If you are unable to clear your arrears in full then we may be able to help you but you must call us to discuss this. If you do not contact us by 30th August 2017 your balance of £ 69.95 will be passed to a Debt Recovery company who will add their fees to your account.” Where do I stand with this? As the gym was closing down they cancelled the direct debit with me in the first place, do I owe them anything? Can anyone advise how best to proceed? Thank you, Jo
  3. Hi Guys First off thank you all for your advise on the site it has come in useful for me but I could do with a little more help if thats ok. I recently cancelled my membership with a gym called fitness4less. When I joined they said all i had to do was cancel my direct debit to cancel my membership and foolishly I took this at face value. I cancelled and then received the letter for Harlands saying I owed a months money + an admin fee. After a quick google search I found you guys and the letter from Slick. I amended it, sent it off and a couple of days ago I received a letter from Harlands. It seems to have done the trick but this is where I could use some more advice. The letter read, Dear Mr ***** Ref# ****** Further to you recent letter to our office. We thank you for sending in this information Harlands can confirm that the amount to cancel for the 30 days notice is £19.99. Please forward this payment over payable to Harlands as soon as you can. We hope to find this in order Yours sincerely Harlands As you can see they haven't given me any way to pay so my question is what do I do next? I'm happy to the £19.99 to draw a line under the whole thing but was wondering about the best way to go about it. Call them up or write asking for payment details? Thank you in advance for your help and for putting all this good info out there for people like me! Ni
  4. Hi there, Thanks for taking the time to read this post. Long story short, brain surgery in Feb 2015. Got the all clear April 2016. 100% rehabilitation can take 3>5 years. My doctors advice re exercise keep trying every few months. Had a good relationship with the gym as had been a member for years prior to being ill. 2 x failed attempts (on a month by month contract) Then In July 2016 (2 months after all clear) went in to see about joining again. They had a great joining offer for 12 months contract. I talked at great length with the young girl 'Shona' who assured me if I did need to cancel, wouldn't be a problem. a low exercise regime commenced. Improvement was slow and steady. But tbh I was not happy with the cleanliness of the gym and my headaches started to come back. Admitted defeat in May of this year and cancelled the d/d. In truth I was too embarrassed to go in and cancel the gym yet again. As a result I have been hounded by phonecalls from Arc. I haven't had anything in writing from them but they keep leaving messages on my home phone, mobile and texting me demanding I call them. What should my first move be? Go to the gym, I should Imagine it's out of their hands now. Would be interested to hear your thoughts. Many thanks Chrissie k
  5. Hi all Me and my partner both joined a Harlands gym in October 2016 and it has been the worst decision we ever made. When signing up we weren't given a tour round to see the facilities or offered any free-day passes or anything like that and was told me needed to sign a 6 month contract which was £22 via DD before we were even allowed in the gym. We reluctantly agreed because the gym is our local was disappointed to find that there was a severe lack of equipment in the gym and was very unsuitable for our fitness needs. For example it didn't have a squat rack, a bench press, and the dumbbells only went up to 30kg and there was only a single pair of each weight available. Some of the equipment machines were also unusable as a few of the tread mills and cross trainers were constantly out of order, and to top it all off they were constantly redecorating the gym so it stunk of paint/solvents and there were always painters and decorators walking around when you were walking off. Considering the size of the gym was also very very small, it was constantly overcrowded and the paints sometimes bumped in to you when you were working out! After three months of disappointment and telling the gym staff our concerns, me and my partner informed a member of staff on the reception that we would be cancelling our DDs because of the above reasons and the fact I had also been made redundant so we couldn't afford the memberships anymore as well as running a household. The member of staff agreed and said that was fine so I thought that would be the end of the case. A month after this the letters and harassment from Harlands began. They said that we had cancelled our DDs before the contract was up and demanded all monies owed to be paid as well as admin fees. After reading this forum quite a bit, I decided to heed other users advice of completely ignoring them which worked for a while. After a few months of this, Harlands passed the debt onto CRS who are calling me and my partner every single day and sending us sham letters saying that if we don't pay the debt they will send bailiffs round to our house to collect it! I know these guys are chancers and bank on people getting scared and paying, but I am determined to not let them win. The amounts both me and my partner owe are roughly £180ish each after 4 months of £22 membership fee and then the same on top in admin fees. We last paid our memberships in January 2017. Has anyone got any advice for me on what to do or should I just keep ignoring them? I really don't mind sending a strongly worded letter to their head office or the manager of the gym but don't know how to word it or what to include apart from the obvious. Ideally I just want them to bugger off and leave us alone! Thanks in advance for all your help!
  6. Hello, I am looking for some help with regards to a letter in received from Credit Resolution Services in regards to an outstanding payment for my gym member ship ' Peak Physique Fitness in Hitchin stating I owe them £235.50 They claim I sign up via online sign up process for the membership which I advised I never had as this was with the gym were in person at the gym but they just don't appear to understand what I am telling them. They also state upon providing my bank details email address name and date of birth tjat I agree to pay £25.00 per month. I signed up March 2016 but had no paperwork at all as I just game them my debt card details and email address. They advised me that a signature on a contract is not always necessary for a contract to be formed. I been in contact with the Citizen Advice Burea and they believe this not a regulated finance agreement in place and they asked me to find out if the gym is part of a trade association - I have emailed the gym to enquire about this I never revived another letter and threatens Court Action (CCJ). They also including the handling fee of £66.50 included in the £235.35 I owe them. I know I cancelled the gym membership within 12 months but I have never been provided a contract or signed up online and the gym had never contacted me in regards this , instead I get this letter from the debt company. I see on this site it mentions a template letter but I was unable to locate it but any advice would be appreciated in regards to this as this starting to worry me alot. I rather deal with the gym direct but its very frustrating they can not provide any gym contract or nay durable form to back up there charges.with the gym were in person at the gym but they just dont appear to understand what I am tellling them. I signed up March 2016 but had no paperwork at all as I just game them y debt details and email address. They advised me that a signature on a contract is not always necessary for a contract to be formed. I been in contact with the Citizen Advice Burea and they believe this not a regulated finance agreement in place and they asked me to find out if the gym is part of a trade association - I have emailed the gym to enquire about this I never revived another letter and threatens Court Action (CCJ). They also including the handling fee of £66.50 included in the £235.35 I owe them. I know I cancelled the gym membership within 12 months but I have never been provided a contract or signed up online and the gym had never contacted me in regards this , instead I get this letter from the debt company. I see on this site it mentions a template letter but I was unable to locate it but any advice would be appreciated in regards to this as this starting to worry me alot. I rather deal with the gym direct but its very frustrating they can not provide any gym contract or nay durable form to back up there charges. Gym arrars letter.pdf
  7. Hello there, I would love some help as I believe I have been mis sold membership to David Lloyd gyms. When I signed up I said I wanted a good deal and did not believe in signing up fees. The lady who signed me up said there was no signing up fee but with their membership there is a refundable deposit of £375 for my reserved place in their club which has a limit on members. That was all fine a lot of money but it is a nice club. However I have just cancelled membership two years later after always paying on time and I have been told my 'deposit' is a 'non refundable joining fee'. There is no way I would ever give as gym £375 just for the paperwork and I made this clear. I feel very cheated and powerless to get the deposit back but I want to challenge this properly. Please can anyone advise what the best course of action will be? Thanks, David
  8. Hello, I am really hoping you can help. March 2016 I joined Lifestyle Fitness gym in my home town. My boyfriend got a job as a personal trainer there and we split in October 2016 and November 2016 I cancelled my DD. I sent via their online web form that I am cancelling and my reasons were due to a breakdown of an abusive relationship I no longer feel comfortable going into my gym. I didn't receive any correspondence back. Now, every few weeks I'm receiving threatening letters from CRS which seem to be getting increasingly more threatening. I have tried to call and explain why I've left which they were initially quite helpful and said they're going to contact Harlands to see what they could do. As of half an hour ago I received a phone call from them. I answered and the man on the phone couldn't care less.. . Just kept saying my reasons for leaving are not within the terms and conditions so therefore pay up. The call got quite heated, he wasn't professional at all! I got upset and told him to do one (not so politely) and hung up. I'm not looking for sympathy from them. Unfortunately, my reason for leaving (to me at least) feels like an exceptional circumstance. I'm reading a lot that states don't pay them anything as they're not legitimate. Is anyone able to offer some advice? What can I do to get them to stop and leave me alone!? It's at the point I'm scared to check the post to see more red letters. Thanks.
  9. Hi people from the forum, I am in a situation where I would appreciate assistance. I am not a native speaker so apologies in advance for any mistake that might be in there! I got into a one-year contract with a gym in July, consisting of monthly payments of 60 pounds; in October I was accepted in a masters degree (which I had not applied for at the time I registered at the gym) in a foreign country. I enrolled and left the UK, but I left my bank account open and there was some money on it, I did not hear from the gym until January, when it turns out the money had been depleted and they had been unable to collect payment. I immediately contacted the gym and asked if I could cancel on the grounds that I now didn't have a job anymore (I had one prior to my enrollment but obviously had to quit) and wasn't even in the UK. I assumed this would be valid as an unforeseen change of circumstances. The person asked me for proof that I did not work anymore, so I directed her to my former HR. I did not hear back so I assumed everything was well, and I stopped the debit from my account. Two months later, another representative from the gym contacted me, notifying me that I owed two months. I referred him to my prior emails, and he showed me an email the first person had sent me, which I had not seen, where she stated that since I had quit and had not been fired, I still owed the money. I re-explained my situation, that I had no income now and was living in a different country, and the guy told me he understood, that he would put a note on my account and that I should notify him of when I would be able to make payment again. I told him next October (as my masters will be finished and I will have a job -hopefully), and thanked him for his understanding. I assumed everything was fine. Then last week my former roommate told me I had received a letter from ARC Europe (I asked her to open it in case it might be something administrative I had overlooked). Though I am two months late (120 pounds) and have gotten an email from the guy at the Gym that I would be able to resume payment later, a "J. Turner" requests I pay 299 pounds within ten days or he may go to court. Now I know this is more or less typical behavior from solicitors, but I don't really understand why they would come after me after the guy at the Gym emailed that I was fine, and why they'd ask for 299 pounds. What do you think of this situation? What is my best course of action, considering I will probably not be coming back to the UK in the near future, even after my masters? Thank you!
  10. Hi all, Looking for a bit of help here. I am in debate with my old gym regarding cancellation of my membership. My 12 month membership's commitment end date was the 28th of February. I gave notice to the gym on the 19th of January that I was cancelling and did not intend on renewing the contract. They claim that I am still due to pay on the 1st of March as the contract cannot end until one month after the commitment end date. Here is what it says in my contract agreement: "You may terminate this agreement in the following circumstances: (a) by giving the club at least 1 full calendar month notice expiring at any time after the end of the commitment period. Your membership will then terminate on the latter of (i) the end of the 1st calendar month following the month in which you give notice or (ii) the end of the commitment period." Here is how I see it: I gave at least 1 full calendar month's notice, so my membership should then terminate on the latter of (i) the end of February (since I gave my notice in January) or (ii) the end of the commitment period. They have also sent out a letter now stating that they have enlisted a debt recovery team to regain the £29! And that my terms and conditions state three months notice period, which is not correct. Am I in the right or the wrong? Thanks all!
  11. Hi Guys I'm having problems with DW gym nothing to major at the moment but was hoping for some advice before things get taken further. I have been a member with DW since September 2016 on a 6 month minimum term contract which finished with my last payment on 01st February 2017. I phone them today to make a cancellation request to which I was told that's fine but your last payment will be 1st March to which I queried why? They then explained that within the T&C's of the contract you must give 30 days notice to cancel. On not knowing the exact T&C's of the agreement I wasn't aware of this notice period, considering I haven't attended the gym since the beginning of December and due to the very poor standards from DW I am very reluctant to pay this final amount as I am out of my minimum term and I have now cancelled my direct debit so they are unable to take this amount. The outstanding amount will be £35 and I'm just wondering if this is worth fighting against and not paying for a service that I have not used or been using in the last 3 months. Also should I go to the gym directly and get written confirmation of my cancellation? Any help would be much appreciated!
  12. Hello, TLDR version: I refuse to pay my month notice of gym membership because I couldn't reach anyone there for 6 weeks. Impossible to explain this to the gym as they won't reply to me, only get automated replies. Full version: I should have read this subforum before cancelling my membership, for the good advice of sending a recorded mail. But I havn't so I'd appreciate if you could give me advice. Here are the basic facts: -2013. I stopped going to the gym -Sept 2016. I finally decided to cancel my membership, yes I know I'm an idiot. -I called them every week, left messages with my membership number, etc... no call back, nothing. (i have evidence (phone records)) -I visited the gym, got told the membership guy is on holiday, also get told he doesn't always respond to messages, also got told he doesn't deal with cancelations. unfortunately I got told that in person so no record. -Called my bank to cancel the DD as this was the only option. -Finally, got contacted by the main company, 1life, as - surprise! - they couldn't collect my payment. Unfortunately these were threatening letters, text messages, and recorded messages. -I e-mailed them and left them a telephone number. They never called the number I asked them to (keep calling my mobile instead which I can't access in office hours), and left more threatening messages. -I finally got a reply to my email around the 20th October, they said they accepted my cancellation request as of my email to them, but I'd have to pay the last month of membership. -I replied that I don't accept that and I asked that my cancellation date was entered as September which is when I tried to contact them initially. -The didn't reply but they passed my "debt" to a collection agency instead and added 20£ to it. All in all, they sent me just 1 e-mail, over the last 5 months. Rubbish customer service, unable to even process simple information and reply to messages. Do I have to pay? I'm not concerned about the money and I can afford it, but it makes me rage inside to be treated like dirt by a company I've already paid much more than was due to them. I'm kind prepared to go to court just to prove my point. I'm happy to produce all the emails to them as well as records of the calls I made and proof that they just never called back the number I gave them. Is it worth it though? What do you think please? Should I just shut up and pay up ?? Is there any other way out? Is this going to screw up my credit rating for something so stupid ( I don't have any debt ) Are they entitled to my money when they can't even provide basic service? First world problems, I know... but thank you in advance for your advice.
  13. Hi,haven't posted in here for a long time I joined a gym back last year and the 12 month deadline was up in april this year . I received a letter from the gym stating i owed them money after the 12 months . I replied asking them for a signed copy of the agreement/contract which I know I haven't signed one . Now i've had a letter from Daniel Silverman debt collectors saying I owe a lot more money . Wrote to them saying the same about sending me a signed agreement so just waiting for a reply. Just wondering if there's any advice on what they would normally do and if anybody has had dealings through a gym with these people before Thanks Dazza
  14. Hi guys, I signed up to David Lloyds gym in York aprox 16 months ago where I paid upfront, a sum of around £550, the reason I paid up from was because I was 23 at the time and if I was to pay monthly, when I turned 24 ( half way through the membership ) the monthly price would of increased from around £45 to £70 so it made sense to pay it up front. I was wrong to assume that after the year was up my contract would be ended. They said I needed to give a three months notice period to leave the gym?? even though I paid a year up front. I spoke to them to see what would be the cheapest way for me to do this and due to my age now being 24 it would cost £70 a month or an off peak rate of £52 both of which I cant afford but managed to pay for the first month. I haven't paid the last two month which came to £107 and now I am getting letters off their debt collcectors saying I owe david Lloyd 107 and owe the £70 so in total £177.
  15. Hi all! Great job what you do here. On February i became a member of Advance Gym, it was a monthly pay membership so i paid the first membership on cash in advance when i started at the gym and i took the introductory session. I didn't like the gym and i cancel the DD and never came back. While after started the letters telling me that i owe 1 month, and after Harlans and CRS, now Spratt Endicott in asking for 156.49. I sent on June a mail to the gym through the web web page and the told me that i breached terms and conditions as i did't gave one month notice. Should i get an agreement and finish this? Or just ignore them? Thanks in advance for your help guys!
  16. Hi, Its my first time posting on here so bear with me. Iv seen a few different posts about this already but thought I would start a new one to see peoples thoughts. I signed up to exercise4less earlier in the year as I was working very near to one. (I work away from home for long periods of time). I signed up to the £14.99 monthly subscription instead of the £9.99 12 month one. And I explained when signing up I was a contractor working in the area and would only be around for a couple of months at most. I set up the direct debit and attended the gym for a couple of months as agreed, until I got finished from where I was working. Before I got finished I told them in the gym I would be leaving within a matter of weeks and wouldn’t be coming back for the foreseeable future. (Unfortunately I have nothing in writing or anything to proof this). I have since been working somewhere else and have rarely been home. However when I have been back I have found letters from Harlands saying I have missed a direct debit and then from CRS saying they have been passed my debt and are looking for £180 to settle it. Also said I only have 7 days to respond, which had already past by time I got home. From what I understand CRS and Harlands are the same people? And any charges they add on are both unlawful and don’t need to be paid? Im not intending on paying them a penny as iv not used the gym so I refuse to pay anything for it. What I would like to know is how I can make this go away? If I just ignore it will they finally give in or am I better off writing to them and if so what do I say? They have also started phoning and texting me saying I must contact them? Thanks in advance for any help
  17. Hi, please can someone help me? I signed up to join DW on a staff discount 'plus one', on 06 June, as my friend was working there for 6 months only. I paid £12.75 approximately for the rest for the month and was told verbally it was a 6 month contract. Then JUST OVER 14 days later, I rang DW Membership Line to state I could not get to the gym as the council had just started a load of roadworks from my village to the gym area, therefore, totally making it impossible to get there, or be queuing for about 45 minutes to get there. I asked if I could defer it for the 3 months the roadworks were there for, I got this abrupt lady on the phone who said no, and I asked if a suspension of some sort could be placed on my account, therefore, only costing me £5 per month, and again the abrupt lady said no. I wasn't happy with her lack of customer service skills, I got irate and said I can't pay for something I can't use, then she started shouting at me, saying I had to pay no matter what as I signed an agreement. I put the phone down. I spoke to the manager at Selby Gym, explained the situation and he said he would try to sort this out for me and get back to me, I had to chase him 3 times as I hadn't heard anything, I still didn't hear the answer, it was getting close to the Direct Debit date and I cancelled the Direct Debit out of my bank. I haven't attended the gym at all, even when I signed up. 2 week's later I broke my toe in 2 places and the nurse at the hospital advised me to not attend the gym for the period my toe would heal...5-7 weeks. I rang the membership line to inform them I hadn't heard any response from my previous calls and to inform them of my new injury, therefore, I wouldn't be able to attend. They still said I couldn't cancel or suspend and that I had to pay up. I am very unimpressed with DW's Customer Service skills. I refuse to pay for something I physically cannot use, for 2 reasons. I appreciate that the main reasons are not DW's fault, however, they have shown me no attempt to help me, and just given me abuse or ignored my calls nd now demanding emails to pay my month's membership fee. I wish to cancel my membership with DW and report the very bad customer service I have received! I was previously a happy DW member for years at Selby, and only cancelled my membership as I moved jobs and wasn't working in the area anymore. The Customer Service of this gym have considerably gone downhill in my estimation! I've emailed DW Customer Services and ask for a reply to my email and not to be ignored...as a matter of urgency. Still haven't heard anything. If anyone could help it would be most appreciated. I've received 3 emails now asking for me to pay otherwise they will refer my case to the collection department. Regards Emma.
  18. Hi, first time poster here - found this site through searching if others had the same issue as me. Will try to be as concise as possible, but happy to elaborate if this will be useful. My child joined a gym to learn Karate in November 15 and after an initial session, we signed up on a 6 month contract @ £35. This was organised and managed by Ashbourne Management. I then decided to join in January 16 to learn MMA - also on a 6 month contract. Due to working too much, I struggled to make my lesson each week, but kept going when I could. It must be noted the gym didn't pull me up on my infrequent attendance or mention it in any way. As to be expected with young children, my child decided not to go any more. When I spoke to the gym, they told me I had to pay the 6 months regardless so I chose to keep making the payments, but attend a second lesson each week so the money wasn't wasted. The gym were happy to agree to this. I got more and more despondent with the gym due to a total lack of organisation, lessons changed on the occasions I could actually make it and a general lack of interest. As such, and perhaps this wasn't my smartest move, I sent an email to both the gym (strongly worded, bit overly angry, but got my point across) and Ashbourne Management advising I wasn't coming back and wasn't paying any more money. I referred to Clause 2 of the Ashbourne Contract and I quote: "...my right to terminate without liability if the facilities or services you provide fall well below the standard that you reasonably expect us to provide" My issue was that of disorganisation and as such, given I had paid far more than I actually used, I felt the position was square. I received a response from the gym refuting all my points and essentially blaming me for being lazy. When I replied to explain I didn't feel like I fitted in, I never received another response. I then entered into email dialogue with Ashbourne, and stated I only wanted to be communicated over email (and I've responded to every email sent). This has been ignored with both phone calls and texts. I raised my complaint with them who basically disregarded it, told me it wasnt a reason for them to terminate the contract and that I need to pay. On top of this, each letter I recieve has an elevated cost, where the current cost for each month is at £105 - this WITHIN a month of cancelling the Direct Debits. I feel I have paid enough and their Clause 2 facilitates this exit, they clearly dont. My last email to them asking WHY they rejected my complaint has been unanswered for 11 days. I would really appreciate some help on the best way to get out of this, ideally without paying another penny - but I am happy to listen to reason. Also - if anyone thinks I am being out of order and that I should "just pay", please let me know - I just want all of this to be over as the stress its causing me is doing me no good. Thanks for reading.
  19. 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.
  20. I am trying to cancel a membership run by DFC. I spoke to the gym owner via messenger after i had not worked for 3 months and asked him if he could cancel the agreement with immediate effect. He agreed ( i have the transcript of the conversation) . I wrote to DFC advising them of the owners agreement and also pointed out that i regarded the gym contract to be unfair on various grounds such as automatic renewal and no clauses allowing for cancellation in the event of illness or financial difficulty etc. They simply wrote back denying that the gym owner agreed to cancel and ignored my points about the unfairness of the contract. They have now threatened to pass this over to debt collection agency and i,m trying to work out what would be my next best move. Can i move against them and challenge the contract myself, Ive not sent them the transcript of the conversation with the gym owner and i,m led to believe it is his decision only if the contract can be cancelled. Having read a lot about gym contracts i,m convinced the wording of the DFC is unfair on at least 4 points that have been well covered by case law in the past so am confident that it is unenforceable. Id rather not deal with debt collection agencies but would be happy for a judge to rule on the contract . Has anyone dealt with DFC ? I,m assuming their gym contract wording will be the same for all their clients so would be good to hear from anyone who has challenged this and how they went about it thankyou
  21. Hi, I'm usually pretty confident with dealing with debt collectors and things like this but this one has got me scratching my head a little and so I'm just looking for a little bit of advice from people that know far more about these things than I do. I signed up with our local gym in June of last year. It's a council owned gym but they outsource their membership management to a company called Debit Finance Collections (DFC). Our membership is actually a Consumer Credit Agreement provided by DFC which runs for 12 months and ends in June. Everything was going well until I went to the gym in January and they declined my membership card saying that my account had been suspended. Embarrassed and confused I went home to telephone DFC and I was informed that I had cancelled my direct debit. I told them I hadn't and offered to pay them over the phone there and then. They declined this and told me to just set up a new DD which I did. I again got knocked back at the gym as once again my account had supposedly been suspended. I contacted DFC who once again said that I had cancelled my DD. After a few days of me arguing that I hadn't and them arguing that I had, I received a letter from them threatening me with solicitors if I didn't pay what I owed. I have written to them and emailed them numerous times practically begging them to take the money out of my bank. Despite communicating with them for several weeks, DFC wrote to me saying how disappointed they are that I am choosing to ignore their letters and saying that they have no choice now but to enforce the agreement in full. They are demanding over £300 which covers the period of January upto June. Due to all this happening, and not wanting to miss out on keeping up my weight loss, I joined Pure Gym in February to keep me going until this was resolved. Due to their behaviour I did a little bit of research into DFC and discovered that they no longer possess a Consumer Credit Licence. It was cancelled in October. I contacted them about this and they said that they are no longer pursuing the original agreement as a consumer credit agreement and are simply pursuing it as an outstanding debt. This has gotten me confused. Are they allowed do that? Surely if I sign a CCA for 12 months then it has to be treated as such for the entire period? Secondly, the gym that I was signed up with has never held a consumer credit licence, so should they be acting as a broker? I read that them filling in the consumer credit application form for me and sending it off to DFC constitutes being a broker for which they need to be licensed. I'll be honest, at this point, I'm just looking for a way out of this now. I'm happy with Pure Gym and I've had nothing but stress for the last 3 months with DFC. Again, I apologise for the length of this post but I just wanted to give you as much information as possible. If anybody can offer a bit of advice regarding this then I'd be very grateful. Thanks, Paul
  22. Sorry, I can see there are many threads about this and I have searched but can't find any advice specific to my issue. I joined simply gym online in a period before a gym was actually open (joined at the end of November and gym due to open at the end of February) I decided it wasn't for me after all and simply cancelled my direct debit (I know, I know...!) I received an email on joining saying that my first direct debit would be taken on 26th February. On the 14 dec I received a letter stating they had not been able to collect my direct debit (true, I'd cancelled it) and that I needed to pay it. I did ponder why they had tried to take my direct debit in December when a) the gym wasn't open and b) they'd said no direct debit was due until 26th February. There was no joining fee as I recall, as it was a pre opening offer but I think I was out of the 7 day cooling off period - can't find the information about that at the moment. With the magic (!) of Christmas I completely forgot about the letter and did nothing In fairly certain I don't have to pay the admin charges (now up to £50) but I'm not even sure I need to pay the 12.99. Should I make telephone contact or send a recorded letter? Any advice, please? It was a month by month contract.
  23. Hi All. Firstly thank you to anyone who takes the time to read this and respond I have recently been intimidated on the phone and have tried a couple of avenues including citizens advice but have not yet found a solution I am currently having a problem with CRS and a cancelled gym membership. I informed my gym last year that I wanted to cancel my membership as I wasn't using the gym and was soon to be relocating an hour away after taking a new job. The gym informed me that I could cancel my 12month contract but only with a minimum notice of three months. I explained that I felt it was unfair that I would have to continue paying for three more months for a service I couldn't use as I was about to relocate. I then became frustrated after receiving a flyer offering new members 3 months for free, contacted the gym again with no avail in frustration cancelled my direct debit at the bank and took in a letter to explain why I had done so. I was told that I should not have cancelled my direct debit and would still have to pay the three months in full to exit my contract. I arranged to meet with the gym manager but this was cancelled and my calls were not returned. I thought the issue had gone to bed a few months on I was forwarded a letter (from my previous address) which was from CRS stating that they had been employed by my gym as my membership remains in arrears and including their fees I now owe a total of £326. I have also been harassed by text and phoned by CRS who were rude and intimidating and said they cannot discuss my case further without me giving them my date of birth and current address. I am willing to pay my gym the three months to cancel my membership just to get this over but they say the case is with CRS now. I don't know what to do.
  24. Hi, Hoping someone could help me, I've had a good read on the forum but can't find anything similar to my case. I joined gym/swimming pool and ended up going fairly regulary for 3 months (in a 12 month contract). The swimming pool kept being closed or out of use when I visited in the evening so after a while I decided to just cancel my DD. I didn't give any notice and am now being asked to pay £300 by Spratt Endicott within 7 days. What should I do? Thanks in advance!
  25. Hello! My first post to the page! Iv'e seen many things posted about Xercise 4 less and CRS (Credit Resoloution Services) so i hope you can help me out. First of all it started with a text message on the 10th of December saying 'Please call CRS urgently on 01444449165 as we need to speak to you today. Thank you. ' i originally thought nothing of this, i just thought it was a spam message and quickly forgot about it and went on about life. It wasn't until the 18th December that i recieved a letter from CRS saying 'we regret that despite our attempts to reach an amicable resoultion to your account, you remain in arrears to Xercise 4 Less. We must therefore give notice that failing to reply to this letter withing the next 10 days will result in your account balance being passed to Zinc Group Ltd, one of the UK's leading providers of debt recovery solutions.' The account balance is £171.47 (I don't know where this figure was made up from) This is the only form of contact i have recieved from them. I originally cancelled my membership online where they asked me to fill out a form and take it into the gym. Due to my circumstances of not being able to go back to the gym (I was at University and it takes ages to get there) I rang them up on the phone and they assured me that it was all dealt with and it was fine to do so. This was the 29th of June.. (almost 6month ago, and first contact made now?!) I checked my direct debit and i paid the 12 full payments as it was a year contract. I'm just not sure how to deal with this from here, iv'e seen you recommend not speaking to them on the phone. Many Thanks! Nik
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