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Xercise 4 Less and Harlands


benjamini
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Hello,

I'm not sure if this is in the right thread as I wasn't sure which one to put it in, but basically three months ago my boyfriend and I signed up to Xercise 4 Less over the phone, using a deal we'd been texted. None of us were informed it was a 12 month contract, and as we had come from a rolling contract we assumed this was the same. Neither of us got sent a contract through email.

I moved work so couldn't get to Xercise 4 Less, and my boyfriend hated it there, so we cancelled our direct debit as that's how we had to quit our last membership. I then got letters from Harlands saying I had to pay a charge and whatever, so I emailed Xercise 4 Less who told me I was in a 12 month contract and I had been informed/ sent a copy, which I hadn't. I told them this, and they basically said yes you have, there's nothing we can do so you have to buy your contract out. I emailed saying I've not consented to a contract, so I am not paying, and they just repeated the same thing, and that Harlands had sent me a contract.

I handed in a cancellation letter explaining I was cancelling due to the fact I had been misinformed about the contract length. I then received another letter from Harlands, so I emailed them and they said they had nothing to do with administrating contracts, which I relayed to Xercise 4 Less and they basically said yes they do.

So now I don't know what to do. My boyfriend hasn't had any of these letters, so he obviously was never put in a contract like I was but I never agreed to one or knew about it. I wouldn't have signed up if I knew it was a 12 month period, as I hadn't even seen the gym as I did it over phone. I really don't want to pay for a contract I didn't consent to (it's £95 to buy it out) but I don't want to ruin my credit rating, the whole situation is making me so stressed and I don't have anyone who can help me. I've emailed the Citizens Advice Bureau today, but I don't know how long it will take for them to reply.

 

 

Does anyone know what I need to do to stop Xercise 4 Less from keeping me in a 'contract' that I've not agreed to? They're refusing to take any responsibility, as are Harlands.

 

 

Thanks in advance for anyone who helps!

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There are many on here who can give you much better, sounder advice than I can however my experience was Harlands was dealt with by following the advice I was given on here so you are in the right place.

 

 

If you signed up over the telephone then I would imagine they must be able to prove they sent you a contract - and by they I mean whoever you are contracted with. Based on my experience (with Lifestyle Fitness rather than Xercise 4 less) I'd have thought the contract was with the gym, I think Harlands are merely a payment collection company? Either way one of them needs to be able to produce a contract that you have agreed to. I'm sure somebody on here will be able to provide suitable wording for a letter that you can send and then ignore these shysters until they can produce a contract and prove you have agreed to it.

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Thanks for replying :) I've seen alot of complaints about Harlands and gyms on here which is why I decided to join haha! They've said that Harlands has proof of sending it to me but they won't show me this, they won't even ring me which I've asked, and all their emails end with "I can't help you any further". I've managed to find a copy of the contract on their site, and it doesn't even determine a length of time on the actual contract, so given that I was never told about a period time surely that would mean I've not agreed to a period of time anyway? It's all so confusing!

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Sounds to me like you need a letter that simply states you do not accept you ever entered into a 12 month contract with them and that unless they can send you proof you did you do not intend to enter into any further communication with them. I'm also sure there will be legal terminology you can add relating to harassment or similar.

 

 

Sorry I'm not the man to help with that but I am sure one of the boards posters will be along soon who can help you.

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Sounds like an unfair term in the contract to me.

 

However, deal with the gym direct, and in writing ONLY, ignore Harlands.

 

So you received an unsolicited text from X4less inviting you to take out a gym agreement?

 

How often did you use it?

 

Did you ever have sight of the actual contract/agreement?

 

Did you ever sign any contract/agreement?

 

Was this all done over the phone?

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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Sounds like an unfair term in the contract to me.

 

However, deal with the gym direct, and in writing ONLY, ignore Harlands.

 

So you received an unsolicited text from X4less inviting you to take out a gym agreement?

 

How often did you use it?

 

Did you ever have sight of the actual contract/agreement?

 

Did you ever sign any contract/agreement?

 

Was this all done over the phone?

 

 

Thank you for replying to me, sorry about the delayed response! My friend has been down so it's a laptop fee weekend.

 

 

Yeah my boyfriend received the text about a deal, so he signed p over the phone while I was at work and asked them to call me when I finished work, which they did and as he hadn't been told about a contract I didn't ask and signed up. I was with them for three months, but I used it about once a week if that. I never saw the contract as they never emailed me, although I've since been on their website and found it so I knew what it said (it doesn't even specify a length of time!) and I never signed or agreed to a contract as I wasn't told about it when I signed up over the phone :(

The only thing is, whenever I email the gym their reply is essentially "you're in a contract, there's nothing we can do to help you so we will no longer reply to you".

 

 

I emailed the citizens advice bureau, and they've said they have template letters to send on their website so I was thinking of sending one to the gym but I wanted to get more advice first to make sure I actually know what I'm talking about!

!

Edited by benjamini
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OK, essentially you have moved out of the area yes?

 

If so then that is grounds enough for any agreement with them to be cancelled, and they know it.

 

IMO, I would simply write their head office a letter, http://xercise4less.co.uk/contacts stating as such, and that you are now cancelling the agreement.

Which you've never seen, been told of, or signed!

 

Keep an eye on your credit file too, just in case they foolishly mark it with any adverse data....

Whenever you send them anything always always obtain ''proof of posting'' which is free from the PO counter, send it 2nd class if you wish, why waste money on

postage when they can send everything 2nd class, ensure you keep a copy of whatever you send them.

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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I actually replied to this but it mustn't have saved! I've not moved out the area but I've changed work so I no longer work by the gym and I don't have a car so it would take me an hour to walk to the gym from work. I hate the gym there anyway, it's so basic it doesn't even have water. I've been more times to my new gym in two weeks than I did xercise 4 less in three months!

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OK, essentially you have moved out of the area yes?

 

If so then that is grounds enough for any agreement with them to be cancelled, and they know it.

 

IMO, I would simply write their head office a letter, stating as such, and that you are now cancelling the agreement.

Which you've never seen, been told of, or signed!

 

Keep an eye on your credit file too, just in case they foolishly mark it with any adverse data....

Whenever you send them anything always always obtain ''proof of posting'' which is free from the PO counter, send it 2nd class if you wish, why waste money on

postage when they can send everything 2nd class, ensure you keep a copy of whatever you send them.

 

Okay, I've had some advice from the Citizens Advice Bureau and used that to draft a letter, I don't suppose you could make sure it's okay if you have any experience with these kind of things? It's

 

Dear Manager,

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

I signed up for a membership in August over the telephone, after receiving an unsolicited text regarding a summer deal which had reduced membership price to £9.99. Prior to this text, I had no face to face contact with any member of staff from Xercise 4 Less.

During my sign up call, I was not informed about a contract of any nature, leading me to assume that I was in a rolling monthly contract. I never received a contract, either via post or via email, to tell me otherwise.

I am therefore cancelling my membership under the above regulations; Xercise 4 Less has failed to provide me with the specific information I needed to make an informed choice about cancelling my membership.

I have realised that I did not give one month’s termination notice to end my membership, so I am willing to pay a final fee of £9.99. The reason I did not give one month’s notice is because I was not made aware of any cancellation processes.

If you do not allow me to exercise my right to cancel under the ICACS Regulations 2013 within 14 days, I will be seeking further action as I have been caused a lot of alarm and distress from both Xercise 4 Less and Harlands.

Yours sincerely,

 

 

Thanks :)

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