Harlands/CRS - Joined Gym when 17

[Underage17]

Hello I would be grateful for any help you can give me. I joined Results Health Club when I was 17 (actually 17 and 8 months) and signed Direct Debit form from Harlands for 12 months membership for £35 per month. I was full-time student with part-time Saturday job.

 

 

Usual story, after using gym on few occasions I asked at the gym if I could cancel membership. Not sure of exact date when this happened but some time in November. I was told that I had to complete 12 months contract.

 

 

Struggled on to make payments, even using 18th birthday money to do this. After making 10 months payments a relative found out and looked at the paperwork. I hadn't noticed but my dob on the Harlands Direct Debit form had been amended to show that I was 18 at time of signing.

 

 

Rightly or wrongly they advised me to cancel the Direct Debit immediately and I also wrote to bank telling them what had happened. Much to my surprise the bank refunded the whole £350 payments I had made.

 

 

I was advised to write to Harlands informing them what had happened and that the contract was void and unenforceable. They then asked for sight of my birth certificate which I duly sent, thinking they were going to sort things out and they then wrote saying that as I had made payments after my 18th birthday I had validated the contract.

 

 

Letters from CRS followed adding further charges. Total amount they say I owe is £647.36. I believe both Harlands and CRS have been attempting to contact me by telephone but I have not answered. Wrote to CRS advising them to only contact me in writing but have received a text message from them acknowledging my letter and asking me to get in touch. Also have had another telephone call from them today.

 

 

Please advise what I should do now.

 

 

Thank you.

[slick132]

Hi Underage and welcome to CAG

 

Can you give some more info :-

 

1. Date you joined the gym.

 

2. Did you join in the gym by signing forms there, or by other means.

 

3. When did you last use the gym.

 

4. Are you saying the gym staff, or Harlands staff, must have changed your DoB.

 

5. In what month did you turn 18.

 

Harlands are wrong to say the agreement was validated because payments continued after you were 18.

 

However, I think you should not have received a full refund of ALL the DD payments.

 

Give us answers and we'll assist. In the meantime, do not respond to Harlands/CRS at all. Ignore all calls and text msgs and, if they call you, hang up.

 

[Underage17]

Hi and thanks for swift response.

 

 

I joined at the gym on 29.7.14 with first direct debit payment being taken from bank account on 29.08.14. I paid a joining fee/initial payment of £35.50 by debit card on 29.07.14. I have a pink copy of the form I signed which I think was given to me at the time. There is no signature or date in the box marked "Signature for Club". The minimum number of Direct Debit payments is 12 months. I actually paid 10 monthly Direct Debits from August to May, cancelling the June and July payments.

 

 

My 18th birthday was in November 14 and the month in the dob has been amended from 11 to either 04 or 07 with a crossed 7. Either would have made me 18 at time of signing. I completed the details on the top of the form, including my dob, but I didn't notice that this had been changed and it must have been done at the gym when they completed the membership section.

 

 

I believe the last time I used the gym was in October 14 and I did try to telephone Harlands to cancel in November but never got through. Then I asked at the gym but was told it was a 12 month contract and I had to complete the payments.

 

 

When I cancelled the DD with the bank, I advised them of situation and asked if there was any way they could return any of my payments. When they returned them all, I telephoned them and was told they were obliged to do this under direct debit guarantee. They also said I should watch my bank account in case Harlands tried to reinstate the DD but this hasn't happened.

 

 

I'm not trying to get something for nothing but after reading all the posts concerning Harlands/CRS I am worried that they will try to make me pay all the charges. What should I do now? Despite sending a letter by recorded delivery to CRS asking them to only contact me in writing, they have texted and telephoned me.

[slick132]

Hi UA and thanks for the info.

 

I think you need to offer to pay Harlands for the months you used the gym plus 1 month's notice which you tried to give by phone. That would mean paying Harlands £35 for each of the months Aug, Sept, Oct and Nov'r.

 

I'd write to Harlands saying the following if it is accurate :-

 

Dear sirs,

 

I refer to demands being made for £647.36.

 

My bank has refunded all the DD payments taken by you for my gym membership due to the fact that the gym altered my date of birth when I joined. I was only 17 but I assume gym staff altered the DoB to show I was 18.

 

You've already seen my Birth Certificate as proof.

 

I am willing to pay the DD's for the months I used the gym, namely August, September and October 2014. I will also pay a month's fee for the notice period after I tried to cancel at the gym in November. Accordingly, I offer to pay you £140.

 

I require your confirmation in writing within 14 days, that you'll accept this amount in full settlement of this matter. I will not pay any admin fees added by Harlands/CRS as they are unlawful penalties.

 

If you fail to accept my offer in writing within 14 days or, if you make any higher demand, my offer will be withdrawn and will pay you nothing.

 

Yours faithfully,

 

I'd send this to Harlands using RM Signed For delivery.