CRS/Harlands Hone Gym misleading information

[slick132]

Hi Dan,

 

I'm removing the identifying names from above and will reply fully in a mo .................

 

[slick132]

Hi Dan and welcome to CAG

 

Avoid using your real name, reference numbers or anything else that identifies you. Always a good idea on open forums. Also, I'm removing the documents as they showed all your personal details including address !

 

If you want to post up any documents, hide all identifiers and convert to a PDF. See post #7 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?444501-Barclays-Partner-Finance-Clyesdale-financial-services-reclaiming-charges&p=4725968&viewfull=1#post4725968

 

I doubt we need to see the documents as we've seen so much of what Harlands/CRS say. Funny how Harlands and CRS have different Ref. Nos. because they're the same outfit operating from the same office. They just use different letterheads.

 

You were right to use Section 5, CPUTR in your letter but there's no credit involved so CCA1974 doesn't apply.

 

Writing long letters to Harlands/CRS is usually unproductive - they just love to reply with long letters in supporting their assertions. However, most of what we see them writing is rubbish designed to scare folk into paying up !

 

Back shortly

[slick132]

Experience dealing with Harlands/CRS suggests that you need to write to them in short and simple terms setting out your position. After that, it may be best to ignore their demands and assertions.

 

While you're at Uni, can you receive mail safely or can it still be sent to your home and monitored properly. It's important that you know what Harlands/CRS are up to at all times.

 

1. When you signed up for the trial, did you sign a paper form or use a "tick box" on their computer system.

 

2. Are you 100% certain you did not use the gym beyond the 1 month trial.

 

3. Is there any reason you failed to notice the £20 per month still going out by DD. Maybe your statements were going home while you were at your first year at Uni ?

 

4. Have you taken historical screenshots to show how the gym agreement T&C's have been altered since you signed. You can look back to see "Internet Archive" pages. I think this would be helpful to your case.

 

Ignore Harlands/CRS for now. They have no power or authority to make you do, or pay, anything.

 

[slick132]

Hi Dan,

 

It would be worth you doing a bit more research to see if you can find any version of the simple T&C's that have been changed since you joined.

 

Re the document in your post above, is there anything else said, such as you needing to give a month's notice to cancel.

 

[slick132]

Hi Dan,

 

I DO think you were complacent in not checking your bank statements or online banking and spotting the ongoing DD payments.

 

However, if you genuinely believe you were deliberately misled when signing up, you have a good case to argue for your entitlement to the refund of DD's under the DD Guarantee Scheme. In this case, I don't think you even need to offer them payment for the 30 days notice period.

 

I asked above if you are sure you will continue to get letters, whether sent to your home address or to your Uni address.

 

[slick132]

Hi Dan,

 

Am I right in thinking you're now waiting for their response to your letter above.

 

If so, just let us know how they reply.

 

[slick132]

Please don't let them WORRY you at all - they are pretty harmless and cannot do much at all, as I've said earlier.

 

Do you want me to draft a letter to tell Harlands where to go, politely of course !

 

[slick132]

Letter to Harlands :-

 

Dear sir,

 

Hone Gym Ref No xxxxxxx

 

I am a student and have now returned to my Uni but you can use my home address.

 

When at the gym in 2014, I was told very clearly that I could use the gym for a month without any ongoing obligation. I was told this by the staff member who took my details for the payment. I maintain that I was deliberately mislead into signing a 12 month agreement.

 

I used the gym during that first month but not after. I had no idea that further payments would be taken and that is why I reclaimed them using the DD Guarantee Scheme.

 

I will not pay Harlands any more, either for gym fees or for your admin fees.

 

I do not have the time to continue with protracted correspondence, nor do I have the money to pay your excessive demands.

 

Yours faithfully,

 

Let us know how they reply. Next stage will probably be to ignore them.

 

[slick132]

Hi Dan,

 

Are you saying you visited the gym, you were told by the staff member that you could pay just one month's fee, and then you joined online using your home computer ?

 

Looking at their website, the 2 options are :-

 

Option 1 - £17pm on a 12 month agreement plus £20 joining fee.

 

Option 2 - £20pm with no contract plus £20 joining fee.

 

Which did you agree to when you joined.

 

[slick132]

Hi Dan,

 

I've seen their website, as I said above, and I think the reality is different from the picture you painted in your first post.

 

The staff were correct in saying you could pay £20 a month with no obligation.

 

You set up a standing order and left it active even though you chose not to use the gym. This was negligent on your part and I don't think you have the right to reclaim the DD payments.

 

Of course, it's up to you how you deal with this. But I think you should offer to pay Harlands the DD's that were refunded to you but ONLY if they agree to waive all admin fees.

 

Alternatively, you could continue to argue with Harlands and see how they play it out.

 

Let us know what you think and we can help draft a letter if you decide to offer to pay them.

 

[slick132]

Hi Dan,

 

I'm not being critical or accusatory - I'm just saying how I feel about your case now we have more info.

 

How you deal with this is entirely up to you and we'll assist as best we can.

 

If you want to fight your position saying you were misled in the gym, we'll help.

 

Or, if you want to offer to pay the gym fees but not admin fees, we'll also help.

 

Let us know .............

 

[slick132]

Ok, letter to Harlands to be sent by post and get a free Certificate of Posting from the PO. Change anything I have wrong or left out before you send it :-

 

Dear Harlands,

 

Hone Gym Membership

 

I refer to previous exchanges about my membership and my view that I was misled by gym staff.

 

You already know that I reclaimed 9 DD payments using the DD Guarantee Scheme.

 

I have reconsidered my position and am now willing to pay you £179.91 for the 9 months. However, I will not pay any admin fees added by Harlands/CRS.

 

If you confirm in writing within 14 days that you accept my offer in full settlement of this matter, I will pay you.

 

If you make any higher demands, they will be ignored and my offer will be withdrawn.

 

Yours faithfully,

 

Let us know how they respond.

 

[slick132]

Hi Dan,

 

Simply ignore this latest email.

 

Don't reply by letter or by email.

 

If they wanted money from you, they should have replied to your offer within the 14 days you gave them.

 

Keep us posted.

[slick132]

Hi CD,

 

I agree, you should ignore this email and not reply at all.