Harlands/Xercise 4 less

[Boofy]

Hey there! Beth here. I've never really done this before... more of a forum skulker than anything, though recently I've come to blows with Harlands after my years membership with Xercise4less was up (A membership which I never managed to utilise due to illness). Essentially the difficulty is that I was told by staff at my gym before signing up that my contract would be paid in full after a twelve month period and that I would have the option of continuing on to a rolling contract afterwards. They also told me that it was easy to cancel my place should I desire. I signed up happily and began my gym sessions. I managed two before realising I was having quite severe difficulties breathing and went to see my GP. He then gave me a diagnosis of Asthma and I stopped attending the gym. I enquired as to cancelling due to illness and the gym insisted I couldn't cancel until my first years payments were up. I was angry, but I conceded and continued to pay 9.99 a month for the 12 month period.

 

I'd signed up in February of last year, so when bills continued to be taken from my account pertaining to march and then april, I cancelled my direct debit, having been told that this rolling payment was optional. I emailed the gym and informed them that I had cancelled and a week later Harlands sends me a letter. This letter tells me that there is a cancellation fee of £9.99 (something I was never told when signing up) and that I have incurred an administration fee of £25, plus another months membership fee's of £9.99! I ended up taking the cowards way out and called to say that I couldn't pay the administration fees, but that I would pay the cancellation and last months fees if it would get them off my back. They agreed, though added I'd still need to pay the NEXT month and so I would have to set up a direct debit.

 

I set the direct debit up over the phone with a member of staff, paying the cancellation fee and last months payment and he said that my final payment would be taken out and that would be the end of it. Today I received a letter that states that they are disappointed that I failed to respond to their previous correspondence and that I have failed to pay my July instalment, which I set up the direct debit for on the 22nd of June. They've charged me another £25 along with the 9.99 I expected to have to pay (Though why I would have to pay for July when I requested cancellation in June, I have no idea)

 

Blah. It's become an increasingly stressful process.

 

Anyway, apologies for the essay! That's my issue and any help is appreciated, though take your time ^^

[slick132]

Hi Boofy and welcome to CAG

 

Do not worry about Harlands making further demands for now. You can ignore them. They can demand all the m/ship and admin fees they want but this does not make them payable.

 

We maintain that their admin fees are unenforceable penalties and should always be challenged.

 

If you could not attend the gym due to an ongoing health issue, you had the right to cancel as per Harlands and/or the gym's own T&C's.

 

The gym should not have refused your request to cancel.

 

1. Was it the local gym staff that told you this or X4Less Head Office.

 

2. Were any of your exchanges done by letter or email.

 

I would cancel the DD mandate immediately or Harlands will take what they can.

 

I would also think about telling the bank to refund the fees taken for March and April 2015 as the gym were already aware of your desire to cancel, and that you had not used the gym since March or April 2014.

 

If you had written to the gym (ie you had evidence) asking to cancel due to medical issues, I would have considered a claim for a refund of all fees paid to the gym since the request to cancel.