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Harlands - Lifestyle Fitness - CRS


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Hi, I really need some advice with regard to Harlands.

 

I joined Lifestyle Fitness last year on a 12 month contract. At the time I simply gave my details to one of the staff there and was given a membership card. I never signed anything nor was I talked through the terms & conditions.

 

I used the gym 3 times and did not receive a proper induction and was just "left to it" and there never seemed to be any staff around to ask for advice.

 

In August last year my husband was made redundant from his job and I contacted Harlands to ask if in the circumstances I could withdraw from the contract. I also told them I was unhappy with my experiences at the gym and said I had never signed or received a contract. They told me I had to pay the membership as it was not me but my husband who had been made redundant even though I explained he was the main wage earner.

 

I have continued to try and contest this. In response to me not signing a contract they have said in their latest letter that "I was not required to sign anything as it was not a credit agreement and therefore did not require a signature to validate the membership. As I had made payments and used the facilities I was now legally bound over to pay it as they had emailed me the terms and conditions (I did find these in my spam folder).

 

They are telling me I have to pay £221.43 or will take further action against me. I would be so grateful if someone could advise me of where I stand with this after searching the net I can't find an answer.

 

Many thanks, Claire

Edited by slick132
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Just inform them IN WRITING, that your circumstances have now changed beyond your control, and as such it is no longer financially viable for you to remain a member and you will not be paying them the amount they claim.

If they persist in forcing you to make any further payments, then you will inform the OFT and remind them of the mutual agreement, which they (Harlands) entered into, and signed, not to treat customers unfairly.

http://www.oft.gov.uk/shared_oft/consumer-enforcement/changes-table.pdf

 

http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/health-contracts/

Edited by Bazooka Boo
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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have a read of the two links I posted, just so your not going in blind and you can refer them to exactly which part of their unfair contracts they have agreed to change, remind them that you will/have informed the OFT regarding their continued ignorance of it and unfair treatment of customers.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi CF and welcome to CAG

 

Do you know when you contacted Harlands to tell them you needed to cancel due to YH's loss of job.

 

If YH was the main wage-earner, you had good grounds to cancel when he was made redundant.

 

Don't bother arguing about the lack of staff or induction. These are secondary issues.

 

Keep all contact with Harlands in writing only and do not worry about their demands. Also, be aware that they will put on their other hat and start making demands under their guise as CRS, who are just Harlands pretending to be a DCA !

 

As BBoo says above, remind them that you ARE entitled to cancel an agreement early due to redundancy. In your case, of course, it's YH's redundancy that's relevant as he is the main wage-earner.

 

If you need help with a letter, post a draft here and we'll knock it into shape if necessary.

 

:-)

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Their reply

Dear CF,

 

We thank you for your recent email,

 

We are sorry to hear of your husbands new unfortunately we would not be able to cancel the contract for this reason.

 

The membership is in your name therefore we would not be able to accept proof of your husband being made redundant. To look into a early cancellation would be for medical reasons or if you have relocated more than 15 miles and final if you yourself had been made redundant.

 

I have marked your account not to charge you so if the payment is returned again you will not receive another £25.00 charge however the membership will become suspended. You would then need to contact us and make a manual payment over the telephone.

 

Yours sincerely,

Ayla

Harlands

Edited by slick132
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Sorry this was what I sent to them on the 3rd Oct last year, I really would appreciate some help in drafting a letter, all my contact has been by email, which I still have. Thanks so much for your replies to this. CF

Dear Sir or Madam

 

Ref: xxxxxxxx

Gym Ref no: XXXXXXX

Harlands Agreement No: xxxxxxxx

 

My partner and I have recently married and my new name is CF.

 

The reason for my email is that my husband has recently been made redundant from his full time employment and therefore we are finding it difficult to fulfill our monthly commitments at the present time. I would be grateful if you would allow me to cancel my membership with Lifestyle Fitness as I will be unable to honor the payments and with the charges I am worried I will incur I shall end up in further financial difficulty.

 

If you require proof of my husbands redundancy I am able to send a copy of the correspondence from his ex-employer.

 

Kind regards

CF(formerly CX)

Edited by slick132
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IMO this is what I would send them.

 

Dear Bill&Ben,

 

I refer to your last correspondence, the contents have been noted.

I am unsure that you fully understand my previous comments so I will make it clear.

 

My circumstance have changed considerably to those when I initially joined your gym, so much so that I am no longer able to afford

such a luxury as going to the gym. Therefore, I am cancelling the agreement, and have instructed my bank to withhold all future payments to you, or any third party you may wish to use.

 

My husband was the main earner for this household, he has now been made redundant, therefore I have lost my livelihood.

I cannot stress to you enough that I am no longer in a position to maintain payments or fulfil this agreement.

Therefore I deem this matter closed, with or without your agreement, any legal action on your part will be robustly defended, and a further complaint to the OFT will be made.

 

I look forward to your timely response that this matter is now closed.

No further correspondence will be entered into,

 

Regards

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi CF,

 

I have edited your posts above to remove names and Ref Nos.

 

Please see my PM to you about your username.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi CF,

 

Please read the PM (Private Msg) I sent you and respond.

 

You can do this by clicking the Qick Reply box, typing in your reply and then hit Send Message button below.

 

Thanks :-)

Edited by slick132

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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