Another Xcercise4Less Drama!

[bluewhale]

Hello, you all seem to be really clued up here so hopefully you can help me!

 

In September 2013 I signed up for a gym membership at Xcercise4Less, which was for a year. When I signed up it was with some housemates that would not be in the area in a year, so when we asked how to cancel the girl simply said cancel the direct debit.

 

After using the gym only for a few weeks I developed a hernia (unrelated to gym!), and so was advised not to go until after surgery. I stopped going to the gym, however continued paying for the contract as I was unaware you could cancel because of this.

 

Come September 2014, the 12th payment came out so I cancelled the direct debit.

 

Now starting a month ago it has been a mess of CRS, Harlands and Xcercise4Less harassing me and sending multiple letters for unpaid gym membership fees and then some additional extra? I emailed the gym directly and told them the situation however they stopped replying.

 

I'm really skint at the moment and it is annoying me how I didn't even use the gym and they are still trying to come after me for money? How could I get around this? I emailed them saying I would pay my 1 months notice but they ignored that aswell.

 

Would it be helpful to get a doctors note for the hernia? I've followed advice seen on here about not doing anything over the phone but I'm getting texts and missed calls every day and keep sending letters to my home address and worrying my mother.

 

Any help would be greatly appreciated!

[slick132]

Hi Blue and welcome to CAG

 

You have no need to provide a Dr's Note about the Hernia. You paid for the year's m/ship as per your original commitment. At worst, all you owe is a month's fee for the notice you should have given before cancelling.

 

Ignore the gym for now as they will have little to do with your case now.

 

Adapt this letter and write to Harlands saying :-

 

Dear sir or madam,

 

I refer to my membership at xxx gym in [Town].

 

While this matter is in dispute, I require that any communication from Harlands/CRS by in writing only. Phone calls will be logged and reported in a formal complaint to Trading Standards.

 

I cancelled my direct debit mandate after the September 2014 payment was made to Harlands. This was adequate notice to you of my intent to cancel at that time.

 

I now realise I should have made one final payment for the October 2014 and offer to pay this to you now. I will not pay you any administration or cancellation fees that you are asking for as these are penalties that are unlawful and unenforceable.

 

When you confirm in writing that you'll accept the amount of £xx.xx in settlement of all that I owe, I'll pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

Yours faithfully,

 

Send by letter and get a free Certificate of Posting at the PO for proof of postage.

 

Keep us posted.

 

[bluewhale]

Thanks for the reply! In writing down the payments to check I was right, I seem to have paid the £20 joining fee, then from 8th October 2013 till 8th October 2014; 13 payments and 1 joining fee totalling £149.87

 

Do I still have to pay the final month? How should I include this information in the letter?

[slick132]

Hi Blue,

 

The joining fee and the number of payments made is not relevant, so long as you were past the minimum m/ship period.

 

What matters is that you give a minimum of 30 days notice.

 

Please confirm :-

 

1. The date you cancelled the DD mandate.

 

2. The date your last DD payment was made.

 

3. The date the gym or Harlands first contacted you about the cancellation of the DD mandate, or about the failure of the DD to be paid.

 

[bluewhale]

I'm not sure of the date I cancelled my direct debit, but it was after 8th October and before 8th November.

 

The last DD was paid on 8th October.

 

And Harlands contacted me first on 30th March.

[slick132]

Hi Blue,

 

In my opinion, you should have paid up to, and including, the payment due on 8th November 2014.

 

So you should change the penultimate paragraph to :-

 

I now realise I should have made final payments for 8th October and 8th November 2014 and offer to pay this to you now. I will not pay you any administration or cancellation fees that you are asking for as these are penalties that are unlawful and unenforceable.

 

That should do for now .............

 

[bluewhale]

I have just received a letter 3 weeks after I posted mine, it's not looking good!

 

I have attached the letters, editing out my personal details. I don't know what to do as I am really skint this is a nightmare

 

imgur .com/a/6HoXV

[Bazooka Boo]

Can't read what you've attached, can you scan it then post it up in PDF, but ensure you've removed all identifiers.

 

It isn't a nightmare at all, seriously, it's a joke is what it is, and absolutely nothing to lose sleep over.

 

Who did you receive this letter off?

 

Was it hopeless harlands sending you their silly little begging letters again?

[bluewhale]

Can you not click on the zoom on imgur?

 

It was CRS sending me this letter.

 

They have sent it to my old address even though I gave them a new one.

[Bazooka Boo]

Can you not click on the zoom on imgur?.

 

No, there is no imgur link,

 

Ignore CRS.

 

Did X4L know your new address?

 

How did you inform CRS of your address?

[bluewhale]

I attached the new address to the letter and told them to forward all further communication to that address.

 

The imgur link it imgur .com/a/6HoXV but without the spaces because as a new member I cannot post hyperlinks

[Bazooka Boo]

http://imgur.com/a/6HoXV

 

 

That letter really is dire!

 

You can and should fully ignore them.

 

Send a copy of their very foolish missive to the FCA to read, incredible!

 

IMO I would send them one final letter stating that as they have refused your generous offer of £9.99, that the offer is nw withdrawn, any and all further correspondence by them will be reported as harassment.

 

Dullards, seriously believe they can just choose what method of contact they want?

[slick132]

Hi Blue,

 

It's a while since we saw a BIG reply from Harlands/CRS where they try to argue like this but their wordy response changes nothing !

 

I would reply to Harlands as follows :-

 

I refer to your letter of 18th May.

 

I will not debate your interpretation of the AMSL case any further, other than to say a High Court ruling sets precedent that can be applied to similar cases. The Penal Order against AMSL is as relevant as regards cancelling as the main case ruling made by Mr Justice Kitchin.

 

In any event, you have chosen not to accept my offer to pay £9.99 to settle the matter and that offer is no withdrawn.

 

Further demands from Harlands/CRS or any other party instructed by you will be reported to Trading Standards.

 

Keep us informed.