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jcasey98338

Harlands/ Xercise4less issues

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I have been with them for 8 months, and have previously missed one direct debit, which I was charged an exorbitant fee of £25 for, but which I grudgingly paid. However, I recently missed another payment due to a confusion over the direct debit date, and they levied another charge to my account, but did not in anat way inform me of this, nor did they inform me they would then attempt to take the original payment plus this charge out a mere week later, which resulted in the payment bouncing again and a further charge being levied. They are now attempting to contact me through a credit company called Credit Solutions LTD, which appears to be Harlands themselves under a different name. I can't help but feel these charges are unjustifiable and so I do not wish to pay them. Do I have any legal justification for this? Any help would be greatly appreciated. Many Thanks.

 

Regards,

 

James

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Yes - if the charges exceed their administrative expenses caused by your breach then they are unenforceable. You should claim them back - in the small claims court if necessary.

 

Your chances of success are better than 90% - although they will probably back down and settle upon receipt of the claim form.

 

Do everything in writing and ask for a full breakdown as to how they arrive at their figure.


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That is basically what I thought, as I remember all the fuss about the banks exorbitant overdraft charges from a few years ago. Thanks for the advice. I will compile a letter and get it sent to them straight away.

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Hi JC and welcome to CAG

 

Your letter should seek a refund of the penalty charges on the basis that they fail to reflect any actual loss or expense caused to the gym by the late or missed payment.

 

I would also suggest you have grounds to cancel the m/ship agreement (if you wish) due to them adding unlawful penalty charges to your a/c.

 

So you could tell Harlands that, unless they agree to refund the penalty charges within 7 days, you'll cancel your m/ship and the DD mandate (via your bank).

 

Read other threads here to see how others deal with Harlands, aka CRS.

 

:-)


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