Another Xercise4less/Harlands threat. Please help.

[KateWills300]

Good Evening Everyone,

 

I've been looking thought the forum and it's alarming just how many people have been [problem]med and threaten by these people.

I couldn't find information on the same issue as mine so if I've missed it and the is a duplication I apologise In advance.

I'm really hoping you guys can please provide some guidance as I'm becoming very stressed out by all this.

 

The Issue

 

I took out a £9.99 per month membership at Xercise4less Leeds in October 2013.

I had to pay money upfront and I believe the amount was £29.99 for first months subscription and £20 set up fee.

I only used the gym twice during my membership period. This was an 11 month contact.

The minimum membership period was reached on 28th September 2014.

The direct debits were withdrawn on 28th of the month starting in November 2013 by Harlands.

 

On 24th October 2014 I wrote to Xercise4less Leeds with a formal declaration of intention to cancel and informing them of my 30 day notice.

I sent this recorded delivery and it was signed for by a member of staff at Xercise4less on the 25th October 2014.

They took what should have been the final payment out on 28th October 2014 and after this I cancelled my direct debit with my bank.

 

I thought that was the end of the matter,

how wrong I was,

 

 

since November 14 I have been receiving threatening letters from Harlands stating I owe that subscriptions AND 'admin fees' of £25 per month.

 

 

I contacted Harland by recorded delivery to inform them that I had cancelled my subscription as per the policy and procedure of Xercise4less.

 

 

They wrote back to advise me that they had not received this confirmation by Xercise4less

and that I would need to contact the Operations Manager at Xercise4less Leeds to get the confirmation sent.

 

I have done this to no avail.

I have provided the Ops Manager with the sign for code

and the name of the member of staff who signed for it

but they have replied to me stating what proof I have that it was my cancellation request in the envelope

I sent as they don't have it/can't find it in the club.

 

 

The implication being that I never sent a cancellation in my recorded delivery envelope.

 

I'm conscious that Harlands will keep sending me letters if they don't receive this confirmation for Xercise4less,

however, the ops manager is stating that I have no proof it was a 30 day cancellation notice in the envelope I sent.

 

 

What I'm wondering is:

 

1) has anyone else had this experience with questioning/denying what you've sent?

 

2) where do I stand with this in terms of Harlands if xercise4less won't tell them I'm absolved from my agreement.

 

3) is there an onus on me to prove what was in the envelope?

 

4) what would you advise to be the best course of action now?

 

I do have an independent witness who sent me the official template for cancelling In the first place and also my proof of being signed for.

 

 

I also, have a copy of the original thing I sent to them saved on my computer.

 

 

Moreover, why else would I send them a recorded delivery letter and the timeline fits...

My contract period was over hence I sent a letter to cancel.

 

 

Therefore, there should be a logical timeline behind what was in my envelope to them.

 

 

However, no-one was with me when I actually stuffed it into the envelope..

. Surely that's a ridiculous thing to ask for?

 

Any advise however small would be greatly appreciated..

 

 

. My 'debt' is currently £79.99 and I'm really at my wits end with the stress of it all.

 

Many thanks

 

Kate

[dx100uk]

you have done all you need too simply ignore them.

 

 

they are NOT BAILIFFS

 

 

and have

 

 

NO SUCH LEGAL POWERS.

 

 

dx

[KateWills300]

Thank you dx for your reply. Have you heard of Harlands (or their other con artist kin) actually taking it to court? I'm worried about being given a CCJ when I followed their guideline.

 

you have done all you need too simply ignore them.

 

 

they are NOT BAILIFFS

 

 

and have

 

 

NO SUCH LEGAL POWERS.

 

 

dx

[dx100uk]

nope never

 

 

read this forum

 

 

dx

[slick132]

Hi Kate and welcome to CAG

 

Please do not stress out about this matter. There are countless threads here about problems similar to your - it's amazing how many cancellation letters are apparently "lost". There will be no court action, no CCJ and no adverse markers of your credit files.

 

I suggest you write to Harlands saying :-

 

Dear sir or madam,

 

I refer to my cancelled gym membership with Xercise4Less and to demands that you are now making.

 

I sent the gym a letter on 24th October (signed for on 25th) cancelling the membership. If the gym mislaid the letter, that is not my problem.

 

I allowed the final DD payment to be taken at the end of October and cancelled the DD mandate thereafter.

 

If you make any further demands as Harlands or CRS, or cause any other party to make such demands, I will take court action against Harlands seeking a ruling that such demands are made without lawful basis, compensation for stress caused and for time taking in dealing with this matter.

 

A formal complaint will also be made to Trading Standards.

 

Yours faithfully,

 

No need for RM Signed For delivery. Just get a Certificate of Posting at the PO when you send it.

 

Let us know how they reply.

 

[KateWills300]

Hi Slick132,

 

Thank you so, so much for that! I will send it to them tomorrow morning. Thank goodness for you guys and this website! I can't tell you just how stressful it's been trying to deal with them. They're totally unscrupulous and I can't believe how many people they have been attempting to fleece!

 

I will keep you updated on any developments.

 

Best wishes

 

Kate

[slick132]

Hi Kate,

 

They may be unscrupulous but they are also full of hot air and tend not to follow through with their threats.