Harlands Gym - Unable to cancel Membership

[Iris57]

Hello

 

Like many others I am having trouble cancelling my Membership with Harlands. In February 2012 they were running a campaign via my local gym. I went along and was told to join quickly as there were only 100 memberships up for sale and they were going very quickly. Stupidly I didn't take the cancellation rules before signing.

 

Shortly after this my situation changed through no fault of my own. My relationship had broken up and I was asked to leave the house we both shared. I when to stay with my Mum (who lives in Spain) for sometime. I wrote to Harlands explaining the situation and that I would be cancelling my membership. They wrote back to say I needed proof of my address, ie utility bill, bank statement. I replied saying that because my move was temporary, I had not changed my address and my post was being redirected.

 

In June I came back and I am currently living with friends until I find a permanent home. I have moved 13 miles out of the area - cancellation states 15 miles. I wrote to them again stating that I would not be visiting the gym again, given my situation - finances are very tight, and rising petrol costs it was not viable for me to go there. Also the area brings back painfully memories. I also stateed in my email about OFT case against Ashbourne amongest other things. They replied stating that given I don't live 15 miles out of the area they will not cancell my membership and that my membership is in arrears of £98.00 or I can pay £461.00 to pay off the membership. They are not listening and only interested in getting their money regardless of the situation. I have emailed BBC Watchdog with my story.

 

Like many of us I'm not happy, yes I take responsibility that this was my own fault for not taking in the cancellation rules etc., but I don't feel I have a choice other than pay up and draw a line under this situaiton.

 

Many thanks.

[BankFodder]

I'm afraid that you are bound by the contract. However if you want to breach the contract by cancelling all payments then in law they would only be entitled to receive as much money from you as it takes to compsensate them for any administrative losses they have incurred by your breach.

Of course they won't like this and they will hand your debt over to a DCA, blight your credit file etc.

What they will probably not do is to take you to court. If you went to court you could probably argue that their demands for full payment are unlawful.

As they won't take you to court you will have to deal with the DCAs etc.

[slick132]

Hi Iris,

 

Can you confirm the initial minimum period of the m/ship agreement.

 

Do the Terms and Conditions of the m/ship agreement specify that a move of less than 15 miles is not proper grounds to cancel.

 

One thing the AMSL case highlighted was the over-use by AMSL of threatening or issuing default markers on members who failed to pay what AMSL wanted.

 

See para 18 onwards in the Penal Notice made by the judge here - http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

 

Please also be aware that any penalty or admin charges that Harlands make or threaten to make are effectively penalty charges and are unenforceable.

 

Don't be bullied into paying anything that you cannot afford to pay, given your present financial circumstances.

 

[Bls]

To the person above who's posted that link. I think if you check you'll find it's irrelevant as Ashbourne are a completely separate company to harlands and their contracts were deemed unfair as they don't have buy out clauses or fair cancellation policies. Harlands contracts ARE deemed fair by the same high court judge

[locutus]

Harlands contracts ARE deemed fair by the same high court judge

Harlands was not even mentioned in the ruling... can you post a quote of the judge saying these were fair?

[slick132]

Hi Bls and welcome to CAG

 

With respect, the OFT V AMSL case was heard in the High Court so the case set precedents which can be applied to any similar situations, be they gym membership or other contract scenarios.

 

Harlands contracts ARE deemed fair by the same high court judge

 

I was not aware that Mr Justice Kitchin has specifically considered Harlands contracts at all. Please confirm your source for saying the judge deemed Harlands contracts to be fair.