Harlands and Xercise 4 Less Problem

[katy83]

Sorry to piggy back onto this, but I am at the start of this process.

 

I had canceled my membership in March ( well tried too..) with Xercise for less, and canceled my direct debt. I've called Harlands and they have told me the gym hasn't sent through my cancellation, and I had to contact them, which I have done.

 

So from reading through this should I post an letter directly to Harlands about this?

[slick132]

Hi Katy,

 

I've moved your post into your own new thread to avoid hijacking

 

We need more info before you contact the gym or Harlands :-

 

1. Date you joined.

 

2. Minimum m/ship period, or was it a monthly rolling agreement.

 

3. Cancellation date.

 

4. Method of cancelling - eg verbally in person or by phone; in writing by letter handed in or posted; by email.

 

5. Date you cancelled the DD mandate.

 

[katy83]

Thanks.

 

I joined when the Club opened in September 2013 (I don't remember the exact date, but I signed up during the presale before it opened)

 

I signed up to a rolling contract, but I never got any official confirmation of this, however I was with they well over a year so hopefully this isn't an issue.

 

I first contacted them through facebook, on the 27th March, to ask about how to cancel. After much towing and froing they advised me to go in, in person (which i wasn't able to do) or send a letter by recorded delivery. I sent this letter on the same day, recorded delivery and I cancelled my direct debt at that point.

 

Then I got a letter from harlands to say, I need to reset up my DD if I don't do it by X date there will be the admin charge etc. I didn't worry about that too much as I had sent in my cancellation letter.

 

I called harlots to advise them I had canceled, and they advised the club hadn't put the request through to them. I thought it would be a bit too soon, but assumed they would send it through in the next few days and it wouldn't be an issue.

 

The club then responded to me on the 7th April, saying that they couldn't action my request as there was a default on my account, but they had sent through a cancellation.

 

So I know I will probably have to pay like £10 but I've not been told how to do it.

 

Then on the 14th April, I've had another letter from Harlands to say I hadn't been in touch. (I had) and they had added a £25 admin charge.

 

I contacted Harlands again yesterday but the cancellation still hadn't been sent through. Harlands have told me there is nothing stopping the cancellation, and the club can back date my cancellation.

 

I emailed the club again yesterday, following the call to Harlands, asking them to put my cancellation through and to backdate this to the 27th when I first advised them of the cancellation. I'm still waiting for a respond.

 

I'm happy to pay the £10 I probably owe, but I'm bit worried about the mounting 'admin' fees.

[Bazooka Boo]

Forget their unenforceable ''admin'' fees, you won't be paying those.

 

Stay OFF the phone, if you need to discuss anything with them, then it should be in writing so you have a paper trail of evidence.

If they ring you, laugh and hang up.

[slick132]

I agree with BBoo above - stop calling the gym or Harlands/CRS. Such calls will get you nowhere. And, if Harlands/CRS call you, tell them to write and hang up !!

 

Do you have the Rec'd Del'y receipt for the Cancellation Letter, and a copy of the letter itself.

 

Do you know exactly or roughly when you cancelled the DD mandate.

 

Then we can decide on best action to take about this.

 

[katy83]

I am pretty sure I cancelled the DD the same day I sent the letter, so the 30th March.

 

I didn't keep a copy of the letter, I didn't think I would need to. (silly me!)

 

I've got the proof of postage which was on the 30th March and I can see they signed for the letter on the 31th March.

[slick132]

Hi Katy,

 

If you don't type a letter on a computer so you have a saved copy, you should always keep copies of all hand-written letters. I suggest you write down what you can remember the letter said, as best you can. If you need the original, you could force the gym to produce the letter using a SAR but I doubt this is necessary.

 

But it's good that you have the receipt for the cancellation letter !!

 

I think you should write to Harlands :-

 

Dear sir or madam,

 

I refer to my membership at Xercise4Less gym in [Town].

 

I cancelled my direct debit mandate at the end of March 2015 and this was adequate notice of my intention to cancel. I have proof of postage.

 

There is no reason for the gym not to process the cancellation and notify Harlands as necessary.

 

I should have made one final payment for the April 2015 payment and offer to pay this to you now. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you'll accept the amount of £9.99 in settlement of all that I owe, I will 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,

 

Adapt this as necessary and let us know how Harlands reply. You can get a free Certificate of Posting at the PO when you send this.

 

Don't contact the gym or Harlands by phone or email other than this letter.

 

[katy83]

Thanks I'll get the letter posted asap.

[katy83]

So I posted the letter and I've had a response today to say that they had not recived notification from the gym that I had cancelled and that I had to contact the gym to cancel my membership. No money asked for in this letter at all but I'm guessing that will come in the next few days.

 

I've never known it to be so hard to cancel a membership!!

[slick132]

Hi Katy,

 

Good old Harlands !! They always stick to the same plan about X4L agreements but they're wrong. You can cancel via the gym or Harlands.

 

Final letter to Harlands :-

 

I refer to my letter of xxdate and your reply of xxdate.

 

I have no need to contact the gym about cancelling the membership. My contact with Harlands is all that is needed.

 

As you have chosen to refuse the offer in my last letter, it is now withdrawn and I reserve the right to ignore further demands.

 

I will make a formal complaint to Trading Standards if you or anyone else makes any further demands about this membership.

 

[katy83]

I send another letter as above to Harlands, and got a response on Saturday telling me that I had to contact xecerise for less to cancel my membership... So should I just ignore them now?

[Bazooka Boo]

I send another letter as above to Harlands, and got a response on Saturday telling me that I had to contact xecerise for less to cancel my membership... So should I just ignore them now?

 

Yes ignore them, lodge a formal complaint with Trading standards now.

[slick132]

I agree entirely - ignore Harlands for now but expect contact from CRS (Harlands in disguise), Zinc and Majorlaw (Harlands pet solicitors).

 

We'll advise on how to deal with contact from each when necessary.

 

And as BBoo says, please now raise a formal written complaint with Trading Standards, about Harlands insisting that you cancel in specific ways which they have no right to do. And about their ongoing payment demands and rising admin fees.

 

You should also complain to The CMA. See here for details - http://www.consumeractiongroup.co.uk/forum/showthread.php?442733-David-Lloyds-problem&p=4744811&viewfull=1#post4744811

 

The more folk that do this, the better the chance that TS and/or The CMA will take notice.

 

[katy83]

After months of nothing they have sent another letter today saying they are disspointed they haven't responded to there previously correspondence. The charge is now £104.97

 

Should I just ignore it and send another letter to trading standards?

[katy83]

Oh also that it's being passed to a debt recovery company.

[slick132]

Hi Katy,

 

If they were serious about making you pay, they'd have taken court action (which they tend not to do).

 

I'd simply ignore for now.

 

Did you send complaints to The CMA as well as to Trading Standards.

 

Next, I would make a further complaint to TS where Harlands are based.

 

You'll probably hear from Zinc next but they are easy to see off.

 

[katy83]

I only sent to trading standards I believe.

 

I've had a the standard letter from CRS now... they are basically just harlands right?

 

I haven't made another complaint to trading standards, So I thats what i'll do next. Is there anything else I should be doing?!

[slick132]

Hi Katy,

 

The letter from Harlands/CRS will contain the usual threats and should be ignored.

 

Next complaint should be made to the TS dealing with Harlands/CRS address in Haywards Heath :-

 

Trading Standards

West Sussex County Council

County Hall

West Street

Chichester

West Sussex

PO19 1RQ

 

Keep the complaint short and simple, about Harlands/CRS making continued demands over many months after refusing to accept that you cancelled the m/ship in a proper and acceptable manner.

 

[katy83]

Ah I still need to complain to Trading standards!..

 

I'm now getting letters and texts from CRS (two in the past hour!!)

[Bazooka Boo]

Forward those silly text messages to 7726 ('spam' on your handset keyboard) then your network carrier will log it as such, and then when they hit a certain number, they will either issue a fine to the outfit or bar them from using such practices.

 

Send the clowns this, put them on strict notice that should they continue their harassment you will complain about them to the police for the criminal offence of harassment.

http://http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

send it 2nd class postand obtain 'proof of posting' which is free from the PO counter, and sit back and ignore them.

[slick132]

Hi Katy,

 

Have you kept a log of all calls, texts, etc from CRS so you can properly report the extent of the harassment.

 

[katy83]

I've got all the letters. I think I've kept the text on my iPad. I dont answer the phone to unknown numbers anyway so if they have tried to call me I haven't noticed.

 

I've had another letter today, this time threating legal action saying I've broken my contract, which is stupid as I haven't. They must just be using standard templates or something.

[slick132]

Hi Katy,

 

You're right - this is a standard template from Harlands/CRS which you can simply ignore.

 

Keep us posted.

 

[Bazooka Boo]

Have you started X4less' complaints procedure?

 

Lodge a complaint with BBC Watchdog too,

Keep a diary of events, any text messages you receive from CRS/Harlands you can forward them to 7226 ('Spam' on your handset keypad')

[katy83]

There's a complaint procedure? I didn't know about that. They always have sped me to the Nottingham gym manager who has never responded too me.