Fit4Less/ Harlands Dispute

[domo87]

I joined Fit4less a long time ago (over a year) It was know as Energie Fitness. I have never had a problem with them until recently.

When the gym became Fit4Less tehy asked me to update my DD details with them so I could continue my membership. I did so and was told I could cancel anytime. My partner gave birth to twins in June and since then I haven't had the time/energy to attend the gym.

 

3 months passed with me not going once so I thought well I'll just cancel my Direct Debit. A few weeks later I received a letter from Harlands redirected to my new address.

 

Dated 15th Sept, 2 days after I cancelled the DD.

The letter stated:

 

Your bank has advised us that your final instalment has been returned 'unpaid' "instruction cancelled". We have therefore, added a £20.00 administration charge which means tehre is a balance due of £39.99.

 

Then they go on to say I need to call this 10p per min line to collect the money. They also I could send in a cheque before the 22nd Sept.

 

They also gone on to say they assume I do not wish to renew my membership etc.

 

After reading similar threads on this website. I emailed this morning the following:

 

Dear sir or madam,

 

I refer to my membership at Fit4Less gym in Croydon.

 

I cancelled my direct debit mandate in the middle of September 2015 and this was adequate notice of my intention to cancel. When I joined Fit4Less over a year ago (previously named 'Energie Fitness') I was told there was no contract and I could cancel at anytime. All they asked me for was my direct debit details, I did not sign anything and was not given any contract or terms and conditions.

 

However I realise now I should have made one final payment for the September 2015 payment and offer to pay this 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'll accept the amount of £19.99 in 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you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.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,

 

Domo

 

I hope I said the right thing, anyway you can clearly see on their website: f4l.com

'Fit4less Croydon is a great value gym at only £19.99 per month & No contract! I can't find their terms and conditions anywhere on their website and I certainly wasn't given any when I joined.

 

Hope you can help me, any advice would be greatly appreciated as I really can't afford to be paying out extra expenses at the moment.

Kind Regards

Edited October 5, 2015 by slick132
Name edited

[slick132]

Hi Domo and welcome to CAG

 

I've removed your name from the bottom of your email - stay anonymous as far as you can.

 

What you have written will do just fine for now. However, I would send Harlands a hard copy of the letter by post and get a free Certificate of Posting from the PO when it's sent. Then you'll have proof of posting.

 

I wonder if they'll come back saying you committed to a new 12 month agreement when you "updated my DD details with them".

 

Let us know how they respond.

 

[domo87]

Thank you Slick132,

I have printed the email out and addressed it to Harlands. I'll pop it in the post later on today. Thanks for your quick response.

Shall I use my new address on the letter I am sending? We will see I wouldn't be surprised if they would try and con me. They have no paper work from me or anything that I have signed. It's a shame the gym got taken over as I was on very good terms with their old manager.

 

Kind Regards

Domo

[slick132]

Yes, tell them your current address and send the letter from the Post Office so you get the free Certificate.

 

Let us know how they reply.