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Xercise4less and Harlands Admin Charges


David R
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My son joined xercise4less in December 2014. He has a 12 month contract. He didn't have enough cash in his account on March 23rd 2015 to cover the direct debit of £9.99.

 

He recieved a letter from Harlands stating a missed payment and an additional charge of £25 and they would take payment of £34.99 in a few days. I said he should stop his direct debit and speak to them.

 

While he was trying to deal with that another letter arrived stating a further charge of £25 and threats to increase charges further.

 

Today he wrote to Xercise4less via the website offering to pay the arrears of £9.99 and asking for their bank details so he can make payments on or before the due dates going forward until his contract ends in November 2015.

 

He said that in his view the actions of Harlands to take unauthorised payments that they choose to concoct are not legal.

 

He also asked for no further communication from Harlands and said that any further contact, threats etc. would be met by action in the small claims court.

 

Did he do the right thing? How strong is his case?

 

Edited by slick132
Paragraph spacing added - easier to read
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Hi David and welcome to CAG

 

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

 

I think you're on the right tracks but, instead of writing to the gym via their website, YS should write a proper letter to the gym and copy it to Harlands/CRS.

 

He could say :-

 

Dear sir or madam,

 

I refer to my membership at Xercise4less in [TOWN], reference number ****, and to demands made by Harlands/CRS for £xxx.xx.

 

I cancelled my direct debit mandate last month because Harlands were trying to collect large additional amounts in admin fees. This is after my March DD payment failed due to lack of funds.

 

I am willing to pay the missed gym fee of £9.99 but I cannot and will not pay the admin fees that Harlands want to charge. Such charges are punitive in nature and are therefore unlawful and unenforceable penalties.

 

Any attempt to demand or collect such fees will be seen as a breach of contract by Xercise4Less and/or Harlands resulting in the gym membership agreement being void.

 

If you confirm in writing within 14 days that you'll accept my offer to pay what I owe, I will pay you promptly. If you fail to accept my offer or demand any higher amount, I will pay you nothing and my offer will be withdrawn.

 

Whilst this matter is in clear dispute, you must ensure that Harlands desist from making further demands.

 

Yours faithfully,

 

Adapt the letter if necessary. Send it to X4L's head office and a copy to Harlands. Get a free Certificate of Posting for each letter from the PO when sending.

 

Do not speak to the gym or Harlands/CRS by phone at all. No contact by website, etc either.

 

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