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Xercise4less, Harlands and CRS Debt letters


Julajo
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Having completed my 12 month membership, I wrote to Xercise4Less St Helens giving them 1 months notice in writing as detailed on their website and paid my last month direct debit. I then cancelled my direct debit with my bank. I Never heard anything back.

 

About a month later received a letter from Harlands saying that I had an unpaid direct debit. I rang the gym who said "oh yeh, but your supposed to fill in a cancellation form not send a letter!! (despite this being detailed on their website ) They then just said its ok we will just cancel your membership while your on the phone. I asked to speak to a manager to discuss the charge from Harlands and got told "There isn't one at the moment and Harlands charges are nothing to do with us". At which point they put the phone down.

 

I emailed Harlands detailing that i had infact fulfilled my agreement, fulfilled all my obligations and therefore did not owe anything, despite my letter of cancellation and abrupt phone call with the gym. I heard nothing back from Harlands.

 

I had a second letter from Harlands stating that there was another direct debit unpaid and more charges on top and could see that I had ignored their first letter!!!!

 

I yet again emailed Harlands detailing some of the advice from here stating that I had no intention of paying their charges which were unreasonable and unenforceable. No Response from Harlands.

 

I today have received a letter from CRS, stating that i now owe Harlands £104.97 to be paid before 1 November 15. Refusal to pay will result in legal steps to collect the outstanding balance.

 

Am i right in thinking that i should just ignore these demands or have a trip down to my local trading standards??? Any advice will be clearly appreciated

 

Thanks in advance for anyone replying.

 

Jue x

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This was my last letter sent to them

 

Reference letter dated 5th October demanding £69.98 and demand of direct debit to be reinstated.

 

I have yet again, received another letter from yourselves stating that you are disappointed that I have not responded to your original letter and as such the October direct debit has now been missed. Firstly, as you can see I did respond to your first letter which is attached below.

 

Furthermore, my account has already been stopped by Xercise4less as I fulfilled my obligation to them, see initial correspondence. I therefore do not understand why you therefore have attempted to take further payments from myself via my bank.

 

As previously stated, I cancelled my membership in writing as requested on 1st August giving 30 days notice. Having spoken with the gym directly after failed attempts of speaking with yourselves, I was told I had to fill in a cancellation form which they would verbally do whilst on the phone to me. They agreed that I did write and give my 30 days notice, as I had stated. No one at any point contacted me on receipt of my letter in August, to inform me of any cancellation form, which clearly shows that staff procedures and training are an issue in house.

 

As such, The terms and conditions of the gyms website do not state that I need to fill out a cancellation form and therefore, is not a legal requirement. In fact, it is not mentioned in the terms and conditions, therefore, I am not legally bound to complete one, despite a member of staff filling one in for me. The terms and conditions do state that written notice must be given, which I did within the correct contractual time frame, and therefore ending my contract with Xercise4 less.

 

I therefore respectfully request that you withdraw all attempts to demand money from me yourself or through any other company and agree that I fulfilled my contract as set out in the terms and conditions and cancelled my membership on completion of my 12 month contract. I also wish you to agree that there is no outstanding debt, balance, arrears, account owed by me. I will not pay you, Harlands Group or any Debt recovery Agency any "administration fees" as these are clearly penalty charges and are unlawful and unenforceable.

 

As previously stated, i am happy to resolve this matter in court, via the small claims court whereby i will seek that the monies you demand are contractually enforceable.

 

I expect your response within 10 working days of this letter.

 

Yours sincerely

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Slick will be along shortly.

 

CRS can willywave all they want, they wont get anything. Do you have a copy of the letter you gave to the gym?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Julajo and welcome to CAG

 

Your letter to Harlands is fine for now. Wait for them to reply but let us know if Harlands/CRS contact you further.

 

You'll find Xercise4Less has a reputation for "losing" cancellation letters and they certainly have no right to demand that you can only cancel by using their Cancellation Form.

 

I know you have a copy of the cancellation letter but I don't suppose you have proof of delivery or receipt, do you ? If so, this would be a good case to :-

 

1. Take Harlands to court to get nominal damages for their continuing demands.

 

2. Make formal complaints to Trading Standards and The CMA as part of our campaign to get Harlands to be held to account for their behaviour.

 

:-)

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Hi no unfortunately I havnt got a receipt for the intial cancellation letter sent to them. I am sure that they will send another letter in the not so distant future so will post as soon as they do to update what they say. Thank you both for your replies in the meantime.

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  • 1 month later...

Hi, I have received a further letter from CRS on 16th December stating that they have been employed by Xercise 4 Less as my account remains in arrears despite previous letters sent to me. As a result of this , their fees totalling another £66.50 have been added therefore the balance is now £171.47

 

They then go on stating that they want to reach an amicable resolution and wish for me to contact them.

 

I did not contact them and they have today rang my friend !!! (who joined the gym the same time as me) asking for me ? They also have emailed me today stating that they have being trying to contact me and for me to ring them regarding this urgent matter.

 

Any help in what to do is very much appreciated.

 

J x

 

Ps. They are all still clearly ignoring the emails I have previously sent to them which I detailed above.

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Lodge a formal complaint IMMEDIATELY with, the CMA, FCA, and ICO regarding their unlawful harassment of your friend and disclosure of your information to a third party regarding this account.

 

It has naff all to do with anyone, and that very foolish phone call they made should be the end of them.

 

The FCA needs to know that CRS are unfit to hold a consumer credit licence, and the ICO needs to know that they have breached the DPA by discussing this with your 'friend', regardless of whether or not it was just ''Can we speak to ..........?'' It is a very clear obvious attempt at intimidation, they need to lose their licence and closed down.

 

Have you exhausted X4L complaints procedure, after all they are ultimately responsible for their actions, they can not wriggle out of that.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HI Bazooka Boo - yes I was fuming when she rang me - they really just did say - Hi this is CRS, Can we speak to xxxxx to which she replied you have the wrong number and then asked them who they were again - they them apologised and said they couldn't give any further info. She obviously then rang me abit upset herself that a Credit reference agency is making calls to her phone!!!

 

I will lodge a complaint with them as you advise. The last time I spoke with the gym direct I was fobbed off with oh we havnt got a manager at the moment and also the charges are nothing to do with us!.

 

I have found out that they now have a new manager so will be going in armed with all my paperwork to discuss with them wether they like it or not.

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Hi Julago,

 

Just stay OFF the phone completely and, if anyone calls you, tell them "In writing only" then hang up !

 

They'll ignore email and letters and continue to press for increasing payments as they pile on their ridiculous fees. You need to simply ignore Harlands/CRS for now but let us know when you hear from Zinc or Spratt Endicott (Harlands pet solicitor). ;-)

 

:-)

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  • 3 months later...

Hi, I've now received a letter from Zinc requesting payment of £207.47 or a one of settlement of £155.60.

 

 

I did not reply to CRS at all and all previous correspondence to Harlands that I sent them was completely ignored by them.

 

Any advice in how to reply would be appreciated.

 

Many thanks x

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Ignore these clowns too!

 

However, have you exhausted X4L's complaints procedure?

 

If not do so, and embarrass them on social media too, lodge a formal complaint with them, the FCA, CMA and TS.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Julago,

 

Yes, I see no need to reply to Zinc. If Harlands were even half-serious about what they say, they'd have taken court action already. Oops, silly me - they don't take court action !!!

 

Let us know if you hear further from Zinc or Spratt Endicott.

 

I still think you have an excellent case to take Harlands and X4Less to court seeking damages for harassment. It would be pretty cheap and you'd have our full backing and support.

 

Or you could use Twitter and Facebook to complain that X4Less continue to allow Harlands to harass gym members who end their gym agreements. Embarrassing X4Less publicly may well get them to instruct Harlands to stop.

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 3 weeks later...

Thank you Slick & Bazooka for your continued support and excellent knowledge in dealing with these clowns - I will continue to embarrass them and as you say I have an excellent case for court. I will let you know when I hear from them again in writing - (I have received a couple of emails which I have ignored)

 

Cheers Julie

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Thanks for the update and keep us posted.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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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