Harlands - Yet again

[Tom_Lynx]

Hi,

 

I'm looking for some advice as Harlands seem to be saying I'm wrong at every point.

 

When signing up for the gym I went into the store and asked:

 

Can I leave the contract as I will be moving to uni late into it? Was told yes.

Will there be any charges for leaving? No.

Is there a way you can list these questions down on my profile so I have record of asking them? "Sure I'll do that now."

 

So when I came to cancel as I had a chest operation in July, I was told I had to have a doctors form and send them £25 in cash/cheque, which I sent. And when I rang up today because they're to charge me £40 (my mum got a letter from them recently as I cancelled the DD months after sending the letter because I was thinking why am I still being charged membership fees?), they claimed to not have received such letter.

I then told them that when I joined I was told there would be no fee and basically got told well there is and you have to pay it, so then I told them about what I was told at the gym (otherwise I wouldn't have actually signed up at all) and they then told me that I was lying as I applied from home - even though I did everything in the actual gym.

 

What should I do? :/

Sorry if I haven't explained everything properly as I'm still fuming at them, feel free to ask me any questions.

 

Tom

[slick132]

Hi TL and welcome to CAG

 

First off, do not talk to them on the phone at all. Keep it all in writing only so you have a clear record of everything.

 

They can charge you £40 if they want but that does NOT mean you have to pay it. Their admin fees are penalties and are not enforceable in law.

 

1. Do you have a copy of the letter that you sent to them confirming you were cancelling.

 

2. Roughly when was it sent and what did you say.

 

3. Did they write to you saying you had to pay a £25 fee and send in a doctors form.

 

4. You cancelled in July but when did Harlands take the latest DD payment from you.

 

You had the right to cancel when you left for Uni because this was what you were told when you joined at the gym.

 

However, if you left the gym earlier due to medical reasons, you had the right to cancel then instead.

 

If they took payments AFTER you cancelled, you may have the right to reclaim DD payments direct from the bank.

 

If I had a pound for every time a gym or admin company say they never rec'd a cancellation letter, I'd be rich !!

 

[Tom_Lynx]

The letter is at my mums so I can't list on details on that yet.

 

But for the one I got with the doctors notice, I got sent the cancellation form as well as the doctors thing so they were sent in the post together, so I didn't get a copy of either.

 

The last DD was September :/

[slick132]

Ok, I reckon if you cancelled in July, you should have paid one further amount for August for the 1 month's notice period.

 

I would therefore write to your bank saying :-

 

I cancelled the the DD mandate to Harlands in writing in July and they were entitled to one months' notice so the August payment was okay.

 

However, the payment taken for September was not authorised and I would like this refunded immediately.

 

The DD mandate has already been cancelled to prevent further payments being taken.

 

Harlands will reply saying they note that the September payment has been taken back by the bank and they now need you to pay it. You can tell them this is not going to happen.