Cancelling Gym Membership - Harlands

[unhappy_of_leeds]

I am having enourmous problems cancelling our gym membership and have had a major falling out with Harlands.

 

The basic premise is that a DD payment was taken on the 8th February and we also gave 3 months notice (or as Harlands put it 3 further DD payments) on the same day - 8th February.

 

I consider the 3 months notice would take us to the 8th May therefore the last 3 payments would be 8th Feb, 8 Mar and 8 Apr. I therefore cancelled our DD on 28 April.

 

Harlands disagree and say notice being given on the same day as a payment means that the 8 February payment was taken before notice was given. Harlands therefore maintain that the 3 final payments are actually 8 Mar, 8 Apr and 8 May meaning our gym membership expires 8 June.

 

Neither of us are budging and we've received the first debt collection letter with £25 additional fee. I am now expecting another letter (and admin fee) following a recent conversation.

 

They are rude and obnoxious and i have no wish to make any further payment if that can be avoided.

 

I have not put much in writing as yet. I did however reply to their original email saying that the final payments were 8 Mar, 8 Apr and 8 May. My reply said that i disputed this and (as stated above) I consider the 3 final payments to be 8 Feb, 8 Mar and 8 Apr. Harlands did not respond to this.

 

I would appreciate any advice people have. I am now at the stage where i wish to put something in writing but would appreciate any guidance about what that should be.

 

I'm also interested in whether members consider that my viewpoint or Harlands is legally correct (ie is notice valid on the same day as a payment is taken).

 

Many thanks in anticipation of your help,

unhappy_in_leeds

[slick132]

Hi Unhappy and welcome to CAG

 

If you have read other threads here, you'll see many about Harlands and the problems CAGgers have in cancelling their m/ship agreement.

 

From what you say, if you gave 3 month's notice on 8th Feb, I'm inclined to agree with you, that you'd pay the 3 final payments starting with Feb and the last being paid on 8th April. Your T&C's should clarify the point - have you checked the T&C's to see what's said about cancellation and notice periods.

 

Can you give a bit more info :-

 

1. When did you join.

2. What was your minimum m/ship period or was this a monthly rolling agreement with no minimum period.

3. Is there any specific reason you're leaving.

 

Harlands can be terrible to deal with but we have seen many CAGgers stand up to them and nothing bad happens.

 

As regards their admin fees of £25, they can forget them as they are unenforceable penalties which have no basis in law.

 

[unhappy_of_leeds]

Slick,

 

Thank you for your swift response. I have noticed many similar complaints.

 

I have been a member for a long time (approx 5 years) and don't have any T&C that I know of.

 

It is a rolling agreement with 3 payments notice required.

 

We have had a baby and I can not remember the last time I used the gym!

 

Many thanks for your assistance.

 

Rgs,

Jonathan

[slick132]

Hi Unhappy,

 

In your case, I would write to Harlands saying :-

 

Dear sir or madam,

 

I do not owe a further payment for May and will not pay it. Nor will I pay any admin charges that you seek.

 

I gave you 3 month's notice on 8th Feb and remained a member through to, I assume, 7th May.

 

Given that I have been a member paying you on time for the last 5 years, I think you are treating me very badly.

 

In fact, your Term that I give 3 month's notice is almost certainly unfair to me, as a Consumer.

 

In the circumstances, I will not be paying you any more and further demands may be ignored.

 

Yours faithfully,

 

Send that and see what they do. If they put on their "CRS" hat and chase further, I'd report them to the OFT.