Xercise4Less problem

[faraimelody]

Hello, sorry to pot on your thread, but I dont know how to post a new one. I am having a similar problem. I joined xercise for less a few months ago, and one of my payments was late, and I got a letter from Harlands detailing a 25.00GBP administration charge on top of my monthly fee. This is a lot of money for me, and is it legally enforcable? I should inform you I signed up when I was 17, so it cant have been a contractual agreement because xercise for less do not allow under 18's to enter contractural agreements with them, but Harlands did set up a direct debit on my account.

 

When I called to ask what happened, they told me that the payment must be made by the 30th of January 2015 (I cancelled the direct debit with my bank beforehand and they weren't very happy with thi). I have just turned 18, and I dont want thi to have a negative effect on my credit score. In addition to that, when I signed up for the gym, the memeber of staff that signed me up just wanted the payment and told me to "read the terms and conditions when I get home". Also, on the gym's website it also states that all members under the age of 18 must have an induction with a member of staff before they use the gym facilities.

 

Any advice would really be appreciated, and I apologise once again for posting on a thread that isnt mine, I only joined today

 

everyone here seems really really helpful so thank you in advance!! xxx

[faraimelody]

Sorry I forgot to mention, having looked at my terms and conditions it turns out the guy at the gym DID sign me up for a contractural agreement, because their usual membership is 14.99 for a mimnimum 1 month term but on my contract with the gym it states that I have signed up for 11 minimum payments, so it must have been a 12 month contract he signed me up for which the gym is not actually allowed to do :/

[slick132]

Hi Faraimelody and welcome to CAG

 

I've moved your posts into your own new thread that you can use from now on.

 

Can you tell us, do you want to remain a member at the gym or not. Your answer to this will dictate how we advise you.

 

If you want to remain a member, I suggest it would only be on the understanding that Harlands agree to NOT charge any of their admin (unenforceable penalty) fees.

 

Conversely, if they insist on adding admin fees if you pay late, then you could cancel without notice due to :-

 

1. The age issue.

 

2. Their unwillingness to treat you fairly by adding admin (penalty) fees.

 

[faraimelody]

I went in to speak to a manager today and he said im right and they shouldn't have signed me up on a 12 months contract, but even if I was on a one month contract I would have defaulted anyway.

 

I want to cancel my membership tbh and I also need to mention there are a lot of young people who are underage that have been signed up. First of all, is this legal? And secondly, can I use it in my defence? The manager said that Harlands may still insist on their admin fees.

 

He said I received a student discount but I never presented an NUS extra card as specified on their website, and that means that he broke at least two of the gym's terms and conditions. So how come when I default on a payment its the end of the world for them?

 

In addition, it specifies that for safety reasons all members under 18 must have an induction prior to using the gym, for safety reasons, but I never had one.

 

Thank you x

[slick132]

Hi Far,

 

Letter to Xercise4Less as follows :-

 

Dear sir or madam,

 

Recently, when a membership fee was paid late, Harlands added an admin fee of £25.00. This is an unlawful and unenforceable penalty which I will not pay.

 

I'm now aware that Harlands regularly try to make members pay such fees and, for this reason, I am unwilling to continue with my membership as I do not trust them to administer my membership agreement fairly.

 

I should also point out that I am 17 years old and cannot therefore be bound by a contractual gym membership.

 

For these reason, I hereby cancel my membership with immediate effect.

 

You should ensure that neither you, nor Harlands, make any further demands. Any such demands will be reported to Trading Standards as a formal complaint.

 

Yours faithfully,

 

Deliver by hand to the gym and take a copy for a staff member to sign as confirmation of receipt.

 

OR send the letter to Xercise4Less gym or their Head Office and get a free Certificate of Posting from the PO when you send it.

 

Let us know how they reply.