Cancelling Gym Contract & Harlands Debt Collection

[martmcglynn]

Hi I'm new to the forums and I have been reading a number of threads in relation to Harlands and their debt collection letters on behalf of gyms. I have a rather complicated scenario but I would be interested to hear what people think.

 

In September 2011 I looked for a gym in the local area and found one not too far from my home which was offering a six month contract at a reasonable price. I needed to find a new gym as the one that I had been using on an ad hoc basis was due to be demolished so I made a point of discussing this with the salesperson signing me up to the new gym before signing on the dotted line. As their gym had been refurbished in the May I agreed to a short contract.

 

My agreement was with a company called Membership Collection Agency and is a very basic one page document. On their part of the document the contract stated it was for a minimum period of 6 months and states that during that time you cannot cancel your membership. On my copy of the document the salesperson did not put in a minimum term or even get me to sign. It mentions the clubs terms and conditions which were not given to me but which are apparently held by the reception at the club.

 

I had no problems with the gym itself but only a month or so later I got tendonitis and wasn't able to work out at all until mid December. I went to the gym twice during the month and on the 17th December I turned up to find the place shut and a note on the door saying it was closed for refurbishment until the New Year. At no point had I been sent a letter saying this was going to happen.

 

I went home fuming and tried to ring the gym to get an explanation but there was no answer so I rang MCA. Their reply was they no longer had anything to do with the gym and couldn't help me. As you can imagine I wondered what the hell was going on. So I looked at my bank account statements and found that a company called Harlands was now taking the direct debits from my account. MCA had never given me written notice to tell me that they were no longer the collection agency. The gym had never written to me to tell me of the change and Harlands hadn't bothered to contact me either. So I cancelled my direct debit because I now had an unknown agency taking money from my account and no club services. My contract states that The club can change this agreement at any time, If they do they will give me 1 months notice in writing at the address you have provided and by a notice on the club's notice board.

 

I followed up my direct debit cancellation with an email to the gym and a couple of days later I got a note back stating that the dates for the refurb had been up at the gym as well as the change of collection agency. On the two days that I had made it to the gym I hadn't seen them as I only used a small section of the gym. They have admitted in writing that Harlands were responsible for notifying me of a change of contract and they apologised. They also told me any cancellation of membership had to be in a letter to the club so I drafted my reply that day and delivered it personally to their door. The manager also refused my request for a refund for the days the gym was shut because they felt it was upgrading the facilities for the members and therefore I would be getting a better service.

 

Since January I have sent repeated threatening emails by Harlands asking me to pay the balance of the six monthly contract. They have also added on further charges. Interestingly I have received a letter from Credit Resolution Services threatening me with court and they have exactly the same address as Harlands. I should point out that each time I have contacted them they have promised to investigate and then just sent another threatening letter. I have copies of all the letters they have sent and the names of the people that I have spoken to. Frankly I have no intention of paying up but I would be interested to hear what other people think of the case.

[freakyleaky]

Hi and welcome to the forums.

I will ask to have your thread moved to the appropriate forum where you will get the best help for your situation.

[martmcglynn]

Thanks very much and apologies for the newbie placing it in the wrong area.

[dx100uk]

done

 

dx

[freakyleaky]

Thanks DX.

[slick132]

Hi Mart,

 

I don't think MCA can transfer the contract to Harlands without your agreement. You have no contract with Harlands and I see no need for you to pay them anything, or even to correspond with them.

 

Even if the change of admin to Harlands was made known by notices in the gym, you have signed no new contract with them.

 

Stop talking to them by phone and keep anything in writing only.

 

I suggest you write to Harlands saying you have taken advice and you:-

 

1. Have no contract with them and will pay them nothing.

 

2. Have cancelled the DD mandate to stop them taking any further monies from you.

 

3. Will not correspond with them or CRS further.

 

4. Will report them to the OFT if Harlands or CRS harass you for payment.

 

Send this by Recorded Delivery.

 

As regards any admin charges they have made in respect of arrears letters, these are not enforceable in law, despite what Harlands will try to tell you.

 

See how they respond.

 

[martmcglynn]

Thanks for the comprehensive reply. I have already sent them a letter stating that I do not have a contract with them and they just replied with the CRS threat. Frankly from now on I am going to ignore them totally. As you said they have no contractual relationship with me so frankly they are going nowhere with their threats.

 

I am however still fuming that a gym thinks it can take your money and then close its doors and use my hard earned cash to invest in their business. I meanwhile get no service and get chased by a company I have never heard of (I had to Google to find out who they were). The sooner there is a crack down on these cowboys gyms and debt collectors the better.

[slick132]

Hi Mart,

 

You may be pleased to learn the OFT is currently investigating the behaviour of gyms and their admin companies. When or if any action is taken to curbs the dubious practices currently engaged is another matter.

 

CRS will probably continue to write saying you must not ignore this matter. They will threaten court action but never take it.

 

See this thread, where they even went to the lengths of preparing a Court Claim form with the gym members details on it to try and intimidate the gym member into paying - http://www.consumeractiongroup.co.uk/forum/showthread.php?325909-Gold-Gym-and-CRS-cowboys...-Completed-one-year-membership..force-to-pay-for-next-year&p=3769870&viewfull=1#post3769870

 

Please keep us updated with any developments.

 

[martmcglynn]

I would very much like my day in court but I doubt if that would ever happen because they know that they haven't a leg to stand on. I shall keep everyone posted on any further letters I receive.