Xercise 4 Less & Harlands - help please

[ConnorT]

Im having a similar problem with Xercise4Less and Harlands, i hope someone can help,

heres how it goes:

 

Last successful Payment :- 28th April 2014

Payment returned (insufficient funds) :- 28th May 2014

No attempt to contact (letter, phone call, or email)

£34.99 Taken :- 9th June 2014 and Returned (no pre warning = insufficient funds)

No attempt to take payment :- 28th June 2014

£10.00 bank charge taken :- 1st July 2014

No attempt to take payment :- 28th July 2014

Text messaged received stating account is in default, left name and number for return call :- 31st July 2014

DD cancelled through bank to avoid any more charges :- 31st July 2014

 

Any ideas?

Edited July 31, 2014 by ConnorT

[ims21]

Hi Connor and welcome to CAG.

 

I have created a new thread for you.

 

Please continue to post here regarding your issue. The guys will be along to help as soon as they are available.

[slick132]

Hi ConnorT,

 

You were right to cancel the DD mandate to stop you incurring further bank charges for them returning DD's unpaid.

 

We need more info :-

 

1. When did you join the gym.

 

2. What is the initial minimum m/ship period.

 

3. What is the monthly fee.

 

If Harlands attempted to take an amount higher than the agreed monthly fee WITHOUT written warning that they were taking the monthly fee PLUS a penalty charge, then I believe they are wrong. You have grounds to get the money back if it was taken from your a/c. You are protected by the Direct Debit Guarantee Scheme.

 

I doubt you can get Harlands to refund the bank charges you incurred UNLESS you can show that :-

 

a) You could have afforded the monthly fee alone but ........

 

b) You could not afford the monthly fee PLUS the penalty charge.

 

Give answers to the Q's above and we'll take it from there.

 

[ConnorT]

Thank you for the new thread ims21

 

And thanks for the reply slick132

 

I joined in November 2013

The membership period was for 12 months

£9.99 a month was the agreed cost

 

Just to add I havnt received a phone call today, as they said they'd get back to me sometime today.

Hardly think they will now with it being 10:40pm.

[slick132]

Hi Connor,

 

Don't deal with Harlands by phone at all from now on. They'll tell you nothing of use to you and you need written proof of what's said between you. If they call you, tell them to put anything they want to say in writing - then hang up !

 

It looks like the pay't due 28.5.14 was returned unpaid so they tried to take the £9.99 plus a £25 admin fee (total £34.99) on 9.6.14 which the bank refused to pay.

 

If you can't afford the monthly fees for now, and want to try and end the agreement, I suggest you write to Harlands saying:-

 

Due to money problems I'm having, the £9.99 DD due to be paid on 28th May was returned by my bank, unpaid.

 

You then tried to take £34.99 on 9th June, being the monthly £9.99 DD plus an admin fee of £25, without warning me of the increased amount. This exceeds the monthly amount I agreed to pay and if my bank had paid the admin fee, I would have reclaimed it using the DD Guarantee Scheme. In any event, I've had to cancel the DD mandate to avoid further charges being levied by my bank.

 

Because you have imposed an unlawful penalty charge and tried to take it using the DD mandate in excess of the agreed monthly sum, I will not be reinstating the DD mandate unless you agree that no further penalty charges (admin fees) will be sought by you.

 

You have failed to treat me fairly by charging an unlawful penalty and you are in breach of our agreement, which I now consider ended.

 

See how Harlands respond. If CRS (Harlands in their DCA disguise) write to you, ignore them but let us know.

 

[ConnorT]

I can afford them and I would like to keep going, I simply missed a payment because I spent a little too much on holiday and forgot about it being due, then when the £34.99 was attempted to be took, I assumed it would only be £9.99 as I'd had no notice of a missed payment, and only left the enough to cover the £9.99 payment in my account, so that was returned too.

[renegadeimp]

Whatever you decide, dont pay the admin fee.

[slick132]

Ok, if you want to remain a member and re-instate the DD mandate, you could first approach the gym.

 

Maybe tell them something like :-

 

I had a tight month financially which caused the DD to be returned unpaid by my bank at the end of May. But when Harlands re-presented the DD for pay't several days later, they had added a whopping £25 admin fee which is an unlawful penalty without even telling me of the increased amount. That was also returned by my bank. Because my bank charge fees for returning items unpaid, I had to cancel the DD mandate.

 

I want to remain a member but I won't pay the unlawful penalties that Harlands try to charge.

 

If Xercise4Less tell Harlands to cancel any penalties charges and the existing agreement, I will sign a new 12 month agreement and DD mandate.

 

Would that suit you better. Keep us informed of progress or further demands from Harlands or CRS.

 

[ConnorT]

Renagedeimp, I don't intend to pay the so called "admin fee", I'd happily pay the £9.99 membership I owe them for the missed payments however.

 

Slick132, that suits me better, I still havnt had a phone call, when I do I shall tell them that I want what they say to me in writing. Tba me for the help and ill keep you informed when Harlands next respond

[slick132]

I'd speak to the gym in person. If they agree to what you want, confirm what you've agreed with them in writing and send Harlands a copy.

 

If Harlands call you, tell them "In writing only", then hang up.

 

[ConnorT]

So I received a letter today (Dated 1st August 2014) and it has me worried.

It's from CRS, and it states:

 

We've been employed by Xercise4Less as your membership remains in arrears despite

previous letters being sent to you. (of which I have received 0.)

 

As a result of this, our fees totalling £66.50 have been added. Therefore, your account

balance now stands at £201.44 (which means X4L originally said I owed them £134.94)

 

And then it has a few options about repayments and so forth.

 

I understand most of these fees are unenforceable but I'm now worried, I'm moving into my first

home next week and can really not afford these payments.

 

My new home will be a lot further from any X4L gym and with work and my first child expected

in December I have now decided I want to end my membership.

 

Is there anyway I can do this without paying these ridiculous fees? I'll pay the £9.99 membership from the first missed payment till the end of the contract if need be, but these fees are way out of my budget.

 

I'd really appreciate any help you can offer me.

 

Thank you

 

ConnorT

 

P.S. They spelt my surname wrong in the letter

[slick132]

Hi Conner,

 

Please confirm, did you send the letter to the gym or to Harlands.

 

Please be assured, CRS are powerless to do anything. They're just trying to spook you - please don't let them succeed !

 

Whatever happens with the gym, you will NOT have to pay penalty fees to Harlands or CRS.

 

[ConnorT]

Hi slick,

 

I went to the gym and the girl on reception was a bit clueless.

 

She said if it's been dealt with through Harlands then I can only deal with them from now on.

 

I think she didn't know what to do and was just attempting to get rid of me, so I left.

 

So no, no letters have been sent, but I have been to the gym and they told me to contact Harlands, that's when I received the letter from CRS.

 

Hope that helps, but now I have the letter from CRS it has a reference number on and a contact address, now I know where to send any letters

 

Thanks

[renegadeimp]

Get back to the gym and speak to the manager there. The gym is wrong. Totally.

[slick132]

Hi Connor,

 

If you haven't already sent the letter, I would still send it to the gym.

 

If they come back refusing to deal with the matter, we'll take it from there.