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Xercise4Less gym cancelled - Problems with Harlands and CRS


Shabba180
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Hi, can anyone help please?

 

I took out a one year membership with Xercise 4 Less gym last year but didn't really use it so decided to cancel after about 11 months. I cancelled my direct debit but, didn't contact Xercise 4 Less to cancel my membership (which I now realise was a bit silly!) but I only had a month to go so figured that when my direct debit didn't go through they would just cancel my membership.

 

I had no contact from Xercise 4 Less to query why my direct debit wasn't going through or if I wanted to continue my membership, so I assumed all was fine. However about 3 months later I get a letter, dated 29 July, from CRS Credit Resolution Services saying that "We've been employed by Xercise 4 Less as your membership remains in arrears despite previous letters being sent to you." (which I did NOT receive) "As a result of this, our fees of £102.50 have been added. Therefore, your account balance now stands at £207.47". I then e.mailed Xercise 4 Less giving them notice that I wished to cancel my membership with immediate effect as I was under the impression that it would end automatically at the end of the 12 month period. My contract with Xercise 4 Less was for £9.99 a month so even if my contract continued after the initial 12 months until I gave them written notice of cancellation, the maximum I could owe them would be 3 months membership totaling £29.97 so how they came to the figure of £207.27 I do not know! I also understood from other threads on this forum that CRS's fees were penalty charges and so not enforceable by law, so I decided to wait for a response from Xercise 4 Less and ignore the letter from CRS.

 

I had no response from Xercise 4 Less to my cancellation e.mail and I then received another letter dated 19th August from CRS threatening Legal Action, or passing to a Debt Collection Agency if I did not contact them within 10 days to arrange payment. Again I ignored this letter.

 

I was then out of the country for a couple of weeks at the beginning of September but when I got back there was another letter from CRS dated 10 September saying that if they did not here from me in 10 days they would pass my account balance to Zinc Group Ltd "one of the UK's leading providers of debt recovery solutions". As I only read the letter when I got back to the UK yesterday, the 10 period is almost up. In between these letters I have also had various texts and automated phone messages asking me to get in touch with CRS. A few days ago I also had an apparently automated email response from Xercise 4 less, to my cancellation e.mail (which I sent back at the end of July!) simply saying that they had received my email and would deal with my query shortly.

 

I am happy to offer to pay the one month's membership fee for the last month on my 12 month contract or even, at a push the 3 months' membership up to the point of my cancellation e.mail but I really don't think I should pay CRS's fees as they seem extortionate to me just for writing a few letters, and as I understand it they are not enforcable in law, and these companies just try to scare people into paying them lots of money.

 

Please could anyone advise me on where I stand with all this and what the best course of action would be for me to take. Any advise and help would be greatly appreciated.

 

Many thanks in advance

 

Stuart

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Hi Shabba and welcome to CAG

 

The good news is that Zinc are easier to get rid of than Harlands/CRS. The bad news is that Harlands/CRS will continue to hound you for payment.

 

Harlands/CRS have no power or authority so they will mainly blow hot air and do little else.

 

You should have looked at the T&C's before cancelling. You would have seen that you could give notice before month 12 was payable, let the 12th pay't be made by DD and then cancelled the DD mandate.

 

Read other threads here and find a suitable letter that I've drafted to confirm that :-

 

1. Your cancellation of the DD was adequate notice of intent to cancel.

 

2. You now see that you cancelled your DD Mandate too early so you're happy to pay the outstanding £9.99 for month 12.

 

3. You won't pay any admin fees added by Harlands/CRS.

 

4. Offer limited to 14 days.

 

You should find a suitable draft easily as there are plenty around.

 

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Forgot to say, stay OFF the phone. Don't call the gym or Harlands/CRS for any reason.

 

If they call you, hang up.

 

Send a written letter to Harlands by post and get free proof of posting at the PO.

 

Ignore any demands and threats from Harlands/CRS or Zinc for now. Just keep us posted.

 

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Hi Slick

 

I just re-read the original email from Xercise 4 Less confirming my membership, and in fact it says "you are committing to £9.99 a month for a minimum of 11 months" not 12 as I originally thought. I did make 11 direct debit payments to them so in fact I don't think I owe them anything. Do you think I ought to still offer £9.99 as I didn't give 30 days notice or argue that I have paid everything I committed to?

 

Thanks again

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If you agreed to pay 11 DD's, the agreement then continued on a monthly basis until you cancelled. After cancelling, you have to pay a final month's fee.

 

1. When was your DD normally paid each month ?

 

2. When did you cancel the DD.

 

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Hi Shabba,

 

Ok, so the first they knew of the cancellation was when the DD was returned unpaid in mid May.

 

I think your letter should offer to pay one final payment for the notice period.

 

Post a draft of your letter here if you want me to check it before sending.

 

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Ok, thanks, I'll offer them one month at £9.99 in full & final settlement. I've found a suitable letter on another similar thread so I'll amend it to fit my case and post a copy on here for you to have a look at before I send it. Thanks again for all your help.

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Hi Slick, I have drafted the following letter to go to CRS/Harlands and would be really grateful if you could take a quick look over it before I send it, Many thanks

 

Dear Sir or Madam,

 

I refer to my membership at Xercise4Less gym in Bristol. My agreement with Xercise4Less was for a minimum of 11 months. The first month's payment was taken on 13th June 2014 and then £9.99 was collected from my account on 13th of every month up to and including 13th April 2015. This amounts to 11 payments, therefore satisfying the minimum contractual period of 11 months. Xercise4Less's Terms & Conditions clearly state that once you have completed the minimum number of direct debit payments "your membership will be extended for one month for each payment received". As no more payments were received after the 11th one, my membership could not therefore have been extended past April 2015.

 

I cancelled my direct debit mandate on 29th April 2015 and this was adequate notice of my intention to cancel. I realise now that I should have given 30 days notice to cancel my membership and so I am offering to pay one month membership of £9.99 to cover the notice period, 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 will accept the amount of £9.99 in full & final 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,

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Hi Shabba,

 

That letter looks good. Fire it off and get a free Certificate of Posting at the PO when you send it.

 

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We could do with some help from you

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                                            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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