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Harlands administration charges under 18


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Hi I need some advice.

my son is 17 and signed up to exercise 4 less.

He missed his 2nd dd payment due to getting paid every 4 weeks so payment was missed a few days before.

His bank haven't charged him but harlands have £25.

His payment was due out on the 27th.

Got a letter from harlands this morning dated 28th stating they will take the payment on the 8th May.

 

Firstly can they charge this with him being under 18?

 

Secondly I thought with a direct debit they have to give you 10 working days notice before taking payment?

 

Any advice would be helpful.

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Its a putative charge and wholly unenforceable, you need to tell them in no uncertain terms that you will not be paying their unlawful penalty charges.

 

Can he change the DD to a standing order, as this is something he can control, DD's simply give companies free reign to take what they want when they want, and should be avoided as much as is possible.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Don't call, ALWAYS keep everything in writing/email so you have a paper trail of evidence.

 

Did you counter sign his application for the gym?

 

AFAIK, under 18 you are deemed a minor, therefore any contract your son signed wouldn't be enforceable. But wait for others to confirm that.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Eh??

 

So what did he sign then?

 

If he's not in a contract then how are they attempting to take money off him?

If there is no contract then there will be no T&C's which may state what penalty charges they will take.....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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They never actually gave us any paperwork. I'm assuming it was just for there records and if he wanted to cancel then he was free to do so without any cancellation fees.

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The question was. Did YOU Countersign it?

Could you confirm?

 

Besides all that he is under 18 anyway, there are certain protection against these sorts of things that E4L and Harlands can inflict... etc

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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If the only signature on it is his, then cancel the DD and tell harlands that there is no contract as he is under 18. They will feed you a ton of rubbish about various things, but they wont and cant do anything.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi MC and welcome to CAG

 

Harlands cannot be trusted to administer the m/ship fairly for YS. If they feel their admin (penalty) charges should be paid, they will try to use the DD to collect them.

 

I would defo cancel the DD mandate immediately.

 

Unless YS can pay each and every DD on time, he should withdraw from the agreement. As he was a minor (under 18) when he signed the agreement, he cannot be held accountable under it.

 

If he needs to withdraw, let us know and I'll find a letter to suit.

 

:-)

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Pah ha ha ha, harlands lose...........again!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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One other thing, even if this did go to court, It wouldnt stand up :)

I believe that its law that under 18s cannot be legally binded into a contract

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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The question was. Did YOU Countersign it?

Could you confirm?

 

Besides all that he is under 18 anyway, there are certain protection against these sorts of things that E4L and Harlands can inflict... etc

 

 

No I never signed anything it was just him.

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If the only signature on it is his, then cancel the DD and tell harlands that there is no contract as he is under 18. They will feed you a ton of rubbish about various things, but they wont and cant do anything.

 

He is going into the bank on Tues to cancel his DD

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Hi MC and welcome to CAG

 

Harlands cannot be trusted to administer the m/ship fairly for YS. If they feel their admin (penalty) charges should be paid, they will try to use the DD to collect them.

 

I would defo cancel the DD mandate immediately.

 

Unless YS can pay each and every DD on time, he should withdraw from the agreement. As he was a minor (under 18) when he signed the agreement, he cannot be held accountable under it.

 

If he needs to withdraw, let us know and I'll find a letter to suit.

 

:-)

 

 

Thanks slick132

yes he wants to cancel his m/ship. If have a template that would be great..

I know x4l don't take cancellation over the phone and try to tell you you have to give 30 days notice but again with his age they can't hold him to this Surely.

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He is going into the bank on Tues to cancel his DD

 

Does he have online banking? Could do it that way

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi MC,

 

Cancel the DD with the bank immediately.

 

YS should now write to the gym. Get a free Certificate of Posting from the PO when you post it, for proof :-

 

Dear Xercise4Less,

 

I refer to my membership and the DD payment that was unpaid in April 2015.

 

Harlands are insisting on charging admin fees for late payments, arrears, etc and I will not pay these.

 

As I was 17 when I signed for the membership, I was a minor and cannot be held responsible under it's terms.

 

I now consider the matter closed and the membership ended with immediate effect.

 

I trust you will ensure that Harlands do NOT harass me for any further payment. If Harlands do pursue payments, I will hold you both responsible for harassment.

 

Yours faithfull,

 

Son of MC

 

Let us know what happens.

 

:-)

Edited by slick132

We could do with some help from you

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I swear you love these guys slick ;)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi MC,

 

Cancel the DD with the bank immediately.

 

YS should now write to the gym. Get a free Certificate of Posting from the PO when you post it, for proof :-

 

Dear Xercise4Less,

 

I refer to my membership and the DD payment that was unpaid in April 2015.

 

Harlands are insisting on charging admin fees for late payments, arrears, etc and I will not pay these.

 

As I was 17 when I signed for the membership, I was a minor and cannot be held responsible under it's terms.

 

I now consider the matter closed and the membership ended with immediate effect.

 

I trust you will ensure that Harlands do NOT harass me for any further payment. If Harlands do pursue payments, I will hold you both responsible for harassment.

 

Yours faithfull,

 

Son of MC

 

Let us know what happens.

 

:-)

 

Thanks will keep you posted.

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  • 2 weeks later...

Hi,

well, cancelled DD and letter hand delivered to e4l. Just got another letter from harlands to say there are charging him another £25. So the balance is now £65 for a £15 missed payment.

E4l are saying a 30 day notice is needed..

I emailed harlands at the start to say they wasn't getting a penny but replied to say due to dpa I need to call in. From reading other posts I get the impression I shouldn't call them.

Help!!

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Hi MC,

 

Final letter from YS to Harlands :-

 

I refer to your letter of xxdate demanding payment and/or adding further admin charges.

 

Xercise4Less have failed to properly address my letter to them of xxdate, a copy of which is enclosed for reference.

 

If Harlands/CRS make any further demands, I will make a formal complaint to Trading Standards without further notice.

 

Write the letter as if it's from YS and write his name instead of signing it.

 

Keep us posted :-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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