Reinstating my Direct Debit w/ Harlands without calling?

[OMartell]

Hello,

 

I've been a member of my gym for a couple of months now and originally had some problems with admins fees after a missed payment.

 

I cancelled my direct debit with Harlands and spoke to the gym manager who managed to sort of all the admin fees and allowed me to pay for my missed membership at the club, however, I now need to reinstate my direct debit and the manager said I should call them.

 

After reading through many threads on this site it seems quite clear that I should not call them, I'm now asking is there anyway I could do this by email? I wouldn't really know what to say or how to do so any help would be greatly appreciated.

 

Many thanks.

[BankFodder]

If you have another read of your post, maybe you will understand that you haven't really told us anything about the story at all.

 

We don't really understand what the issue is and especially, we don't understand if you want to continue with the gym or if you're trying to stop it altogether

[OMartell]

Sorry about that, not clear at all really.

 

First of all I missed a payment due to a fault of my own, a few days later I received a letter from them asking for the £36 monthly payment alongside a £25 admin fee.

 

After reading through a few threads on this site I thought it would be best to cancel my DD as they (Harlands) said they would take the £61 out a week later.

 

This prompted another letter from Harlands requesting another £25 admin fee - due to the cancellation.

 

I then spoke to the gym manager and payed the missed monthly payment at the gym, the manager then spoke to Harlands before coming back to me telling me that I no longer owed the £50s worth of admin fees, however, I should call them in order to reinstate the DD.

 

I do wish to continue my membership, I'm just looking for advice on how to contact Harlands / reinstate my DD without calling them.

 

I hope that explains it a little better, if there is anything else needed, please let me know.

 

Thanks again.

[Conniff]

There's no need for a direct debit, a system whereby they could tell you one thing but take out all the admin fees etc without telling you.

 

 

Why not set up a standing order instead, you have the sort code and acc number.

[slick132]

Hi OM and welcome to CAG

 

Harlands will not allow you to pay by Standing Order - it's DD pay'ts only, unless you wanted to pay the full years' fees up front by Debit Card.

 

This is really very simple. You send Harlands a letter saying the gym manager has assured you that you do not have to pay any of their admin fees and, on that basis, you are happy to resume payments for the remaining 9 or 10 months of the m/ship. Send this by RM Signed For delivery and keep the receipt/proof of delivery.

 

If Harlands take any more than the normal monthly fee, then you simply tell your bank to refund under the DD Guarantee Scheme. You then also have grounds to cancel the m/ship agreement immediately due to Harlands imposing unlawful penalty charges.

 

[Conniff]

You're the expert on this Slick, so how can they refuse an SO, they can only send the funds back again, that's not going to go down well ??

[slick132]

Basically, the m/ship forms include a DD mandate which has to be completed for the m/ship to be processed.

 

The only exception is if you pay the fee, in full for the minimum m/ship period, by debit card.

 

[OMartell]

This is really very simple. You send Harlands a letter saying the gym manager has assured you that you do not have to pay any of their admin fees and, on that basis, you are happy to resume payments for the remaining 9 or 10 months of the m/ship. Send this by RM Signed For delivery and keep the receipt/proof of delivery.

 

 

Hi, thanks for the reply.

 

Am I good emailing this rather than by Royal Mail? Just thinking it might be easier and quicker to do so.

 

Thanks again.

[slick132]

Hi OM,

 

An email will be fine but make sure you keep copies of all communications so you have a good papertrail.

 

In your email, you should point out that you are fully aware that fixed admin charges are effectively penalties that are not enforceable at law. Accordingly, if they try to make you pay any past admin charges or apply further ones, you will hold them in breach of the membership agreement as they have a duty to treat you fairly as a consumer.

 

Let us know how they respond.

 

[OMartell]

Thanks for all the help, Slick.

 

I've wrote up this email and was hoping you could give it a look over before I send it.

 

Thanks!

 

-------------------------

 

Dear Sir or Madam,

 

I refer to your demand for a £50 admin fee.

 

This is effectively a penalty and, as such, it is unlawful and not enforceable.

 

It does not matter whether the admin fees are contained in the gym’s T&C's. They remain unlawful.

 

After your demand for such fees I contacted the manager of my gym and have been assured no such charges shall be made.

 

I am happy to reinstate my direct debit and continue to pay my monthly installments however I shall not pay any admin fees - at this time, nor in the future.

 

Yours faithfully

[sameagle]

You're the expert on this Slick, so how can they refuse an SO, they can only send the funds back again, that's not going to go down well ??

 

I had dealings a couple of years ago with a company, (not a gym), who only deal with Direct Debits.

 

So I wrote a letter, explaining that my bank account was of a type that would not allow DD's, and that if they wanted payment, it would have to be a Standing Order, or nothing.

 

They suddenly found that they could, after all, accept SO's - money talks, - both ways!

 

Sam

[slick132]

Thanks, Sameagle, for the input although I'm not sure Harlands would agree to a m/ship paid for by a SO.

[slick132]

Hi OM,

 

If it's not too late, I would write as follows :-

 

Dear Sir or Madam,

 

I refer to your demands for £50 in admin fees. Such fees are unlawful penalties and are not enforceable.

 

It does not matter that the admin fees are contained in the gym’s T&C's - they remain unlawful.

 

This matter has been discussed with the manager of my gym and he has agreed to waive the admin fees.

 

I am happy to reinstate my direct debit and continue to pay my monthly installments so long as you do not make any further demand for admin charges.

 

Kindly send me any form you require to be completed for the reinstatement of my existing membership for the remainder of the initial m/ship period.

 

Yours faithfully,