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Maniek123

Cancelling Membership with Gold's Gym

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Hi there guys, I hope someone can advise me on the below:

 

I cancelled my Direct Debit in January 2015 after being with Gold’s Gym [Hanwell]for around 2 years, however I havent sent them written notice or whatever at first. – so after that I received letter from Gold’s Gym on 19th of January chasing me for unpaid January monthly membership that they were trying to take from my account on 15thJan as each month. Right away I called local Hanwell gym and went there as instructed on the same day January 19th 2015. I discussed the situation with present at the reception Golds Gym personnel we discussed the letter I received and cancellation steps. I confirmed my will of cancelling my memberships. I paid my outstanding monthly membership for January and additional fee by my debit card at the reception. Following this I was handed the Gold’s Gym cancellation form and singed it.

 

I asked Gold's Gym stuff while signing the form if everything is correct on the form as the content of the form was unclear for me and seems like it can be interpreted in many ways. Paying attention to the phrase next to date put but Golds GYm personnel : "Please cancel my/our membership for 30 days from the next DD payment (1st or 15th ) ".........and here Golds GYm stuff put date of 15 Feb 2015. I understood my next DD scheduled for 15th Feb will no longer be applied?

 

Sa I asked about the amount of days and does the date of 15th of February put on the form by your stuff means that this is the date from which my DD is cancelled. I was assured everything is now done and there is nothing else for me to pay or worry about. I was also assured the amount of days is also fine and I will not have to pay any further. I said I wont to close this case and not receive any further letters chasing me for money. I was again assured everything is fine now and no further letters are going to be sent. Additionally I wasnt told to unblock my DD because of FEB payment?

Therefore I wasn’t questioning it further.

 

I do have my cancellation forms and receipts with me. I had no further attempts to contact me after that day at the gym. My cancelled direct debit stayed cancelled as I wasn’t advised otherwise. I never received any further letters or calls from Golds Gym.

 

Now after almost 8 months I received letter from CRS demanding £122. I contacted CRS explaining the situation and that i dont understand why am I being chased for FEB money when I cancelled my membership in Jan. I told them Gold Gym personnel did fill out the form incorrectly for me or they don’t understand Golds Gym Cancellation Policy themselves and are giving wrong information to the customers.

 

 

Now CRS is telling me Gold gym told them that i.e I cancelled my DD not my membership and that I should pay for Feb as Feb is my month notice not January ect. But we pay for membership upfront not the other way around, why should I be paying for 15 Feb to 15 March as well? Can you advise please? Are they actually right?

 

Many thanks for your help in advance!!!!

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Hi Maniek and welcome to CAG

 

From now on, stay OFF the phone and don't speak to the gym or CRS at all. Keep everything in writing only.

 

I paid my outstanding monthly membership for January and additional fee by my debit card at the reception.

 

1. How much was this additional fee.

 

2. Was it an admin fee because the January DD was not paid by your bank.

 

2. What was the normal monthly gym fee that you paid by DD each month.

 

You should have challenged the gym staff back in January when they put the final DD date as Feb 2015. But you do not owe CRS £122 as a result of your mistake.

 

I will suggest how you reply to Harlands/CRS when you answer my questions above.

 

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Hi SLick,

 

 

Thanks a lot for your respond!

 

 

So Basically - the monthly membership was £35, they couldn't take it from my account on 15th of Jan as I cancelled the DD before that - so they on 19th I received the letter from Golds Gym.

 

I went there, paid the outstanding £35 and £15 fee for the delay I believe or whatever wasn't really explained but maybe you right like an admin fee for not being able to take that money from my bank account...

 

and I said I want to cancel now etc, so the stuff filled out the form and as mentioned in my previous email they advised me all is done now and I thought the date put on the form of 15th of Feb is the CANCELED from now on date......

 

Golds GYm don't want to even talk to me...I told them I haven't heard or receive anything from you about the FEB DD and they said they sent me couple of letter which of course is not true. They told me I need to now deal with CRS only.

 

I proposed I can pay 35 for Feb but nothing more but they weren't interested.

 

I spoke with CRS last week. I told them I don't agree with all this and the fee of 87£ Golds Gym stuff advised me incorrectly etc and that I need to contact someone abt that and they put my case on hold....they sent me an email.

Edited by slick132
PLEASE use spacing and don't post in solid blocks of text. Too hard to read.

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Hi Maniek,

 

Please use spacing when you post - big blocks of text are much harder to read. I've sorted it this time.

 

Letter to Harlands :-

 

Dear Harlands,

 

I refer to my membership at Golds Gym in Hanwell and demands from CRS for over £100.

 

I cancelled my DD mandate in January 2015 to stop my gym membership.

 

The gym contacted me when the January DD was returned unpaid and I visited the gym on the day I got the letter, 19th January.

 

I discussed cancelling with the gym staff and paid them £35 for January and a £15 admin, which I now know I should not have paid.

 

They said I could cancel and I queried the date on their form of 15th February. They had already received notice to cancel when I stopped the DD mandate so I will not be paying any more than I have paid already.

 

I am unaware that I have entered any agreement with Harlands and certainly will not pay any admin fees added by Harlands/CRS.

 

Further demands from Harlands/CRS will be reported to Trading Standards and The CMA.

 

Yours faithfully,

 

Please send the letter just as I've written it and let us know what comes back.

 

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Hi Slick!

 

thanks a lot for this again. just to give you and update i sent your letter to them weeks ago no reply whatsoever, should i chase them?

 

Hi Maniek,

 

Please use spacing when you post - big blocks of text are much harder to read. I've sorted it this time.

 

Letter to Harlands :-

 

Dear Harlands,

 

I refer to my membership at Golds Gym in Hanwell and demands from CRS for over £100.

 

I cancelled my DD mandate in January 2015 to stop my gym membership.

 

The gym contacted me when the January DD was returned unpaid and I visited the gym on the day I got the letter, 19th January.

 

I discussed cancelling with the gym staff and paid them £35 for January and a £15 admin, which I now know I should not have paid.

 

They said I could cancel and I queried the date on their form of 15th February. They had already received notice to cancel when I stopped the DD mandate so I will not be paying any more than I have paid already.

 

I am unaware that I have entered any agreement with Harlands and certainly will not pay any admin fees added by Harlands/CRS.

 

Further demands from Harlands/CRS will be reported to Trading Standards and The CMA.

 

Yours faithfully,

 

Please send the letter just as I've written it and let us know what comes back.

 

:-)

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Hi Maniek,

 

The ball is in their court so no need to chase Harlands at all.

 

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Hi Slick !

 

And here it is - response from CRS

 

"Further to your email of 28th August 2015, we initially wish to confirm that it is not necessary for any agreement to exist between you and us for our involvement to be entirely valid. Any party may appoint another party to act on their behalf. You have referred to reporting our actions to the CMA and were you to do so there would be no requirement for Golds gym or ourselves to have entered into an agreement with the CMA in order for their involvement to be legitimate. Golds Gym have employed us to act on their behalf in this matter and for this reason alone our involvement is valid. Furthermore, the terms of your agreement do make specific reference to Golds Gym's right to pass your details to a third party company for debt collection where a balance remains outstanding for a period of thirty days or more.

 

Secondly, we wish to advise that cancelling your Direct Debit was not adequate notice of your intention to cancel. The terms of your agreement specifically state that you must give 30 days notice in writing from the date of your next Direct Debit payment. You have not given such notice until you have entered the club on 19th January and paid your January arrears. The next Direct Debit payment was therefore due on 15th February with your notice period beginning from that day. You have clearly indicated that you were made aware that your February instalment would be due and have knowingly failed to make this payment which was due under the terms of your agreement.

 

For the above reasons we must advise that the balance of £122.00 is correct and due. Payment can be made by Credit/Debit card by calling us on 01444 449165. Alternatively, cheque/postal orders should be made payable to Credit Resolution Services and sent to CRS, 2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW.

 

A payment plan can also be set up if you are unable to settle in full, although we do charge a little extra for this.

 

If you are experiencing financial difficulty, there are organisations who offer free debt advice and assistance such as Step Change (0800 1381111), National Debtline (0808 8084000) and your local Citizen Advice Bureau.

 

Please ensure a payment or response is received within the next 7 days, so we can avoid further action being taken.

 

Yours sincerely,"

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Hi Maniek,

 

Harlands have missed the point that I was interested in - that they were probably NOT involved with Golds Gym when you first joined. Hence they have nothing in writing signed by you to confirm that Harlands have any legal standing in this matter.

 

The point they make about Harlands, the gym and The CMA is the sort of nonsense we're used to seeing from Harlands.

 

I see no need to reply to their letter at all and suggest you ignore it for now.

 

Let us know what you hear next.

 

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hi Slick,

 

thanks for your email.

 

I just wonder as i never been in situation like this one if i just keep ignoring them and not paying then aren't going to keep applying bigger fine and maybe take me to court?

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Hi Maniek,

 

You should read other threads here to see how others are dealing with Harlands/CRS.

 

They aren't "applying fines" - they are adding admin fees that we maintain are both unlawful and unenforceable. That is why we always tell people to challenge such fees.

 

Let them add all the admin fees they like. Whether they are demanding £25 or £250, the fees should not be paid and should always be challenged.

 

The chances of Harlands taking a case to court is very small and, last time they tried it, they failed miserably. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?431240-Harlands-CRS-**WITHDRAW-COURT-CLAIM**

 

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Hi Slick

 

the latest update on the case is that I haven't received any other email but they keep sending me sms texts and o received another letter. So they chasing me for money. I am starting to worry what is going to happen and where will this go as maybe golds gym is right that I should oay for February but my point is I wasn't made aware of this their staff misleading me completely and I wasn't contacted by them... I am not sure how should I act I don't want to have court cases etc

 

 

 

Hi Maniek,

 

Harlands have missed the point that I was interested in - that they were probably NOT involved with Golds Gym when you first joined. Hence they have nothing in writing signed by you to confirm that Harlands have any legal standing in this matter.

 

The point they make about Harlands, the gym and The CMA is the sort of nonsense we're used to seeing from Harlands.

 

I see no need to reply to their letter at all and suggest you ignore it for now.

 

Let us know what you hear next.

 

:-)

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Hi Maniek,

 

I can't stop you "worrying" but I can reassure you that Harlands are just trying their luck.

 

The proof is in all the other threads here about Harlands and their tactics.

 

You have paid all you need, plus MORE (by paying the admin fee).

 

Ignore Harlands/CRS for now and let us know if they contact you in writing. You might also hear from Zinc who are their pet DCA and they are easy to get rid of.

 

:-)


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