Rush Fitness/Harlands overcharging. In breech of Direct Debit??

[NM18]

HI!

 

I'm hoping someone can give me some advice.

 

I joined Rush Fitness in Feb 2015. I signed a contract to pay £17.99 a month for a minimum of 1 month and could cancel at any time with 1 months notice. Rush Fitness DD is managed by the Harlands Group.

In Sept 2015 a payment of £29.99 was taken as direct debit from my account, I tried contacting Harlands but every time I tried they were either closed or wouldn't answer the phone.

 

I made contact with my bank who clawed the money back under the direct debit guarantee. I then received a letter from Harlands on 29th Sept which said:

 

"we have today received an indemnity claim from your bank to refund the sum of £29.99. Consequently we write to clarify the situation. As you should be aware, you have entered into a membership agreement with Rush Fitness. At no time did we or Rush Fitness receive notice to cancel your agreement. The agreement also states that such payments are non refundable. We therefore ask that you request your bank to withdraw its claim immediately.

Should you not withdraw the claim and rectify this breech of your agreement with 14 working days, you will incur a £25.00 administration charge and matter will be referred to a debt recovery company to pursue for the full amount and cost incurred.

If you would like to discuss this matter please contact the Harlands Helpline. We trust this letter receives your urgent attention."

 

 

I then responded via email with this:

"Dear Sir/Madam,

I am deeply disappointed and disgusted to read the content of your letter dated 29th September 2015, your reference XXXX.

I have been a member of Rush Fitness for a period of time and throughout this period I have ensured regular payments to the sum of £17.99/month as agreed in the terms of my contract.

 

However, I was shocked to find a sum of £29.99 had been deduced from my bank account instead of the £17.99 agreed. With reference to the contract and your statement "your direct debit payments are protected with a money back guarantee and you will receive 3 working days advance notice of any changes" - This holds you in breach of contract, as I have received no correspondence informing me of any increase in my membership fees.

Not being able to make contact with yourselves due to your restricted opening hours, I had spoken to my bank who further confirmed that you were in breach of the direct debit agreement and therefore had made contact with you to recover the payment taken. Which as your statement also states above is protected by a money back guarantee.

 

It appears my bank has recovered the full amount rather than the overcharged, I am happy to forward you £17.99 as per our agree in lieu of 1 months notice to terminate my membership as I no longer wish to be a member of Rush Fitness. My last day of membership will therefore be 23rd October 2015.

 

I trust you will give this email your urgent attention and hope to hear from you soon.

A disappointed customer,

XXXXXX"

 

They didn't respond so I sent them another to say - I would be grateful if you either promptly respond to my email or discuss my account with my father, who may be available to call you on my behalf. They responded to that no problem and there was an email trail so they've read the first.

 

My father then spoke with them and they were unhelpful and basically dismissed what he said saying I have to pay all of it.

 

Sorry this is so long!! Any advice on how to resolve this before it goes any further would be really helpful!

 

N x

[SabreSheep]

Send the same letter recorded delivery to their head office, keep proof of postage and delivery and then just ignore anything that comes unless they decide to issue a N1 claim form

[dx100uk]

Or simply ignore them

 

If you read a few threads here

You've al ready outlined your position clearly

 

If they don't want the £17.99

Tough on them

 

Await the silly letters from the no powers dca they pretend to be

 

Dx

[slick132]

Hi NM and welcome to CAG

 

Please stay OFF the phone from now on. Neither you nor your father should speak to Harlands/CRS for any reason.

 

Keep exchanges in writing only but preferably by post, to avoid email ping-pong.

 

Do you have any idea why Harlands took £29.99 ?

 

[NM18]

Thanks for your replies!

So do you not think I have anything to worry about? Has anyone had problems when ignoring them or DCA?

The 14 days they're given me are not quite up so I will send a letter and keep proof of postage.

 

At the time I had no idea why they took the extra money. I then decided to call Rush fitness directly and they told me it was for upgrade works for the gym to buy new gym equipment and fix the changing rooms. I thought that was ridiculous! When I challenged them they stated it was in the terms and conditions but I've read them and nothing of the sort is written in them.

 

Either way I wasn't notified of a change and they're acting as if they have have the power take whatever sum of money they wish. That's why I've decided I no longer want to be a member.

[slick132]

Hi NM,

 

I assumed they made an admin error taking £29.99 instead of £17.99.

 

However that is unacceptable and you had every right to cancel the DD immediately, and seek a full refund.

 

Let us know when Harlands contact you further and we'll suggest how to respond.

 

In the meantime, do NOT talk to them by phone at all and, if they call you, hang up !!

 

Edited November 21, 2015 by slick132

[dx100uk]

as its not been said the parrot comes out

 

 

a DCA is NOT A BAIIFF

they have

NO SUCH LEGAL POWRS

 

 

never fall for their powerless threats

however carefully worded

 

 

or should that word be cleverly worded

dx

[NM18]

Hello,

 

Just thought I'd update since our last chat. I sent Harlands Group a letter along with my original email and letter attached stating that I would pay 1 final months fee £17.99, not the £29.99 they continue to insist I pay. I gave them a period of time to accept this payment otherwise I would withdraw my offer.

 

Of course they did not respond to my letters or emails. In October they then sent me the EXACT SAME letter as the original with the dates changed. I thought this was odd and have since ignored it.

 

I received a new letter from them today saying I have not tried to contact them within the period (REALLY?! -_-) and they are now charging me the admin fee in addition to the £29.99. As well as threatening to pass my details on to this debit collection company.

 

Should I continue to ignore?

 

Thanks N

[slick132]

Hi NM,

 

Yes, simply ignore them for now.

 

How ridiculous that you agreed to pay £17.99 pm in Feb but they increased it to £29.99.

 

If Harlands/CRS make any further demands, you have grounds to formally complain that they have acted in breach of the DD mandate.

 

[Bazooka Boo]

Utter madness!

 

What clowns, they should be in a circus, lodge formal complaints to TS and the CMA regarding this shower, they need their licence removing.

[NM18]

Hi NM,

 

Yes, simply ignore them for now.

 

How ridiculous that you agreed to pay £17.99 pm in Feb but they increased it to £29.99.

 

If Harlands/CRS make any further demands, you have grounds to formally complain that they have acted in breach of the DD mandate.

 

 

Thanks for the advice Slick. It's been way past the 14 days so I assumed they'd just stop.

[NM18]

Utter madness!

 

What clowns, they should be in a circus, lodge formal complaints to TS and the CMA regarding this shower, they need their licence removing.

 

They've shown they're an absolute joke of a company. Making demands without wanted to respond and discuss things further.

I think I will go ahead and make a formal complaint. They can't get away with behaving like this.

[slick132]

Hi NM,

 

See here for a complaint letter for The CMA and TS. Adapt it to make it applicable to your circumstances.

 

I'd also send a copy to the TS dealing with Harlands address.