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Kryztll

CRS/Xercise 4 Less Advice needed

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Hi,

 

I'm after some advice for my son on how to deal with a letter he received today from CRS.

 

He joined Xercise 4 less in Bolton when he started Uni there in September 2013,

he paid £9.99 monthly by direct debit

 

when he joined he was told it was a 12 month only membership.

 

However he decided that uni was not for him and in Easter 2014 he returned home.

 

As he hadn't completed the full 12 months, he continued to make the direct debit payments and thought that once the twelve months were up his membership would automatically finish and his payments stop

(he's only just recently told me about this all)

 

To cut a long story short, they didn't and he didn't realise until he checked a bank statement in June of this year,

 

he contacted the Bolton branch who said they would cancel his membership and he advised them that he would cancel his direct debit.

 

He thought that was the end of it as he has had no further communication from them until

 

he received the letter today from CRS.

The letter states his Xercise 4 Less membership remains in arrears despite previous letters being sent to him,

 

he has received no correspondence, and as a result of this his account balance stands at £207.47 (£102.50 are their fees).

 

He has tried to ring them regarding this but was unable to get through and the manager was unavailable at the Bolton gym.

 

I've seen numerous posts of a similar vein on here and was just looking for some help on how I should advise my son to handle this.

 

Any assistance would be much appreciated :-)

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So he has no proof in writing of it was only 12mts

 

Dca's are not baillifs


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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So he has no proof in writing of it was only 12mts

 

Dca's are not baillifs

 

No unfortunately not, he wasn't given any paperwork on joining he just gave them his bank details :(

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Hi Kryztll and welcome to CAG

 

YS should have got T&C's in paper or from the gym's website. They would have shown him that he could cancel in the event of moving away from the gym's location, so he could have given a month's notice and cancelled with no further payments due.

 

Theoretically, YS could cite the Penal Order in the case of The OFT v AMSL, Section 16(ii), where it was said that a member can terminate by giving notice by actions - ie by not using the gym at all. Link here - http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

 

So YS could tell his bank the gym fees were taken by Harlands beyond the initial 12 months agreement. He can ask the bank to refund the DD's taken after the initial 12 months using the DD Guarantee Scheme.

 

Are you up for that. Harlands will kick off and threaten all sorts of nasties, but they are unlikely to do anything significant.

 

Otherwise, you have the option to just reply to Harlands/CRS saying you don't owe what they're demanding and you won't pay but you will make formal complaints to TS and to The CMA.

 

:-)


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Hi Slick

Thanks for your reply, my son said he didn't receive any paperwork when he joined they just took his card details and being a typical teenager he hasn't checked their website re terms & conditions, so he foolishly continued to pay the direct debit thinking it would finish when the 12 months were up.

 

He has now emailed Jon Wright CEO of Xercise4less and Rob Averey of CRS explaining the situation and requesting a breakdown of the arrears they say he owes as he will be seeking further advise before addressing the matter.

 

I hope him doing this will not make things worse, he's very keen to get it sorted out as soon as he can as its playing on his mind, have advised him to hang tight as this is what they want

Edited by slick132
spacing added to make post readable

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Hi Slick

Thanks for your reply, my son said he didn't receive any paperwork when he joined they just took his card details and being a typical teenager he hasn't checked their website re terms & conditions, so he foolishly continued to pay the direct debit thinking it would finish when the 12 months were up. He has now emailed Jon Wright CEO of Xercise4less and Rob Averey of CRS explaining the situation and requesting a breakdown of the arrears they say he owes as he will be seeking further advise before addressing the matter. I hope him doing this will not make things worse, he's very keen to get it sorted out as soon as he can as its playing on his mind, have advised him to hang tight as this is what they want

 

Good One :)

 

Good thinking by your son there. Go to the top :)


 

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Not sure it'll make much of a difference after reading all the related threads on here, but we'll see, pigs might fly :wink:

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Hi Kryztll,

 

YS is not going to resolve this any quicker using emails. In fact I advise to use written letters when possible or YS will end up playing email ping-pong with Harlands/CRS.

 

Please warn YS that Rob Avery is likely to respond with a load of legal-sounding waffle, the majority of which should be ignored.

 

Can you tell us what YS has said to both Harlands and to the gym.

 

If YS follows our suggestions, he should be able to get a refund of all DD's paid after the initial 12 months was up, whether the gym or Harlands/CRS like it.

 

:-)


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Hi Slick,

 

Thanks I will pass on your advice to my son, have pasted below what he has sent to both Jon Wright and Rob Avery. Think he wants to give it a couple of days to see what come back if any before he tries another tack. I will keep you posted.

 

Dear Mr Avery

 

Regarding your letter dated 23/10/15,

please refer to the email below I have sent to Mr Jon Wright CEO of Xercise4less concerning my receipt of your letter.

I would also appreciate it if you could email me a breakdown of the arrears you state are owing on my account

. A reply at your earliest convenience would be much appreciated.

Yours Sincerely

 

Dear Mr Wright,

 

I am having to contact you directly as previous contact with your Bolton branch has obviously not* been actioned.

 

 

I joined your Bolton gym in 2013 when I started* university,

at the time of joining I was told it was for a 12 month membership only at £9.99 by monthly direct debit.

 

 

I was not informed that my membership would continue after the 12 months and I did not receive any paperwork at that time.

 

 

However by Easter 2014 I realised university was not for me and I returned home. A

 

 

s I realised I had not fulfilled my 12 month gym membership,

I continued the direct debit payments, thinking they would stop when the 12 months was up.

 

 

It wasn't until June of this year that I realised you were still debiting my membership fees from my account under the name "Harlands"

(which I note CRS is also a trading title of Harlands).

 

 

I then contacted the Bolton branch directly concerning this and was told that my membership would be cancelled immediately.

I then advised them that I would be cancelling your direct debit so no further monies could be collected,

 

 

I would like to point out at no time during this conversation was I told that I needed to also send in written confirmation of my cancellation

or that cancelling the direct debit would result being chased for arrears and fees from CRS.

 

I am now in possession of letter from CRS dated 23/10/15

 

CRS REF NO

XERCISE4LESS REF NO

 

It states that you have employed them as my membership remains in arrears despite previous letters being sent to me.

I would like to make it clear I have received no such correspondence,

this is the first written notice I have received concerning this matter.

 

 

It goes on to say that my account balance stands at £207.47, £102.50 of this being CRS fees.

 

I would appreciate a breakdown of these afore mentioned arrears owing

so I can seek further advise before I address this matter.

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Thanks for that.

 

I suggest YS now waits for replies from the gym and/or Harlands/CRS.

 

Tell him NOT to have any phone calls with either party and, if they call him, he must say, "In writing only." and then hang up !!

 

Ignore any demands but let us know what he hears.

 

:-)

Edited by slick132

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Will do thanks Slick :-)

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Hi Slick,

Quick up date,

 

 

my son received a text from someone at CRS thanking him for his email and asking him to ring them or they could ring him to discuss the matter,

he has texted back stating he wants all communication done in writing and will not discuss over the phone.

 

 

Obviously the gym has passed on all his contact details to them as he has had no communication with them up to now.

I find it most strange that the gym obviously had my son's contact details,

yet they were unable or more likely unwilling to get in touch with him regarding a problem with the membership,

exceptionally poor on their behalf, says a lot for their so called "ethos"

 

Customer Service

We are a value brand, but we will not compromise on our customer service. We pride ourselves in giving the best customer service

to all our members with fully staffed facilities, and a full class timetable, which is unique in our sector of the market.

 

 

You will always get a smile from our team.

We work very closely with all our members, and ensure we help them in any way possible.

 

 

We offer everything from non-contract memberships, to the ability of being able to freeze your account when desirable

, to ensure we can fit in with your lifestyle.

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Hi Kryztll,

 

Tell him to wait now for replies from one or other party (gym or Harlands).

 

Harlands and CRS are one and the same, operating from the same address and they administer X4Less's memberships and DD payments.

 

Keep us posted.

 

:-)


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Ok thanks, have told him, will keep you posted :-)

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Hi Slick

Another update following the text my son received from CRS at 10.06 this morning and his reply, he's just checked his email and was sent this 50 minutes later from Xercise4less head office.

 

 

---------- Original Message ----------

From: Xercise Enquiries

To:

Date: 27 October 2015 at 10:56

Subject: Xercise4less -

 

Good morning

*

Please accept this email as confirmation that your membership has been closed and cancelled from CRS*

*

There will be no further charges or arrears. Please accept our apologies for the inconvenience caused*

*

Healthy Regards

*

Esther

*

Head Office Enquiries*

*

Head Office

Xercise 4 Less

Unit 1, Kirkstall Industrial Estate

Kirkstall Road

Leeds

LS4 2AZ*

 

Hopefully this will be an end to it, but we shall see, if not I shall let you know.

Many thanks for all your words of advice for my son's predicament and others on here who are also facing the same problems with "membership" arrears, if I hadn't of stumbled across this group am not sure we would have tackled this matter as "head-on" as we did.

Thanks Again

Kryztll :-D

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Hi Kryztll and I'm delaighted at this result for YS.

 

I think X4Less must be aware that their reputation suffers as a direct result of the way in which Harlands operate.

 

I still think YS has the right to reclaim DD's taken after the initial 12 months was up, as said in para 3 of my post #5 above.

 

His position is probably strengthened by X4Less's decision to close the account without further action or charges.

 

:-)


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Hi Slick,

 

You're not the only one who's happy with the result, its a weight off my mind, they venture out into the world and you hope they wont be taken advantage of but thats not always the case.

I have told my son regarding what you've said about claiming back the direct debits made beyond the 12 months. Think he's just glad that it hasn't escalated further unlike other people's experiences with them, so it looks as if he's just going to chalk it up to experience but I will let him know again that he is within his rights to reclaim them.

Thanks again :-D

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Hi Kryztll,

 

I rather thought YS would probably be happy to leave it there.

 

Hopefully he'll have learned from this :-

 

1. To think before signing an agreement.

 

2. To check T&C's to see what he's obliged to do and what his rights are.

 

3. And finally, to remember he can always seek advice here at CAG

 

Don't be surprised if Harlands/CRS contact YS seeking monies but, if this happens, let us know.

 

:-)


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Hi Slick

 

Hopefully it will 😉

If there is any come back I will let you know 😃

 

Thanks

Kryztll 😄

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pers I'd be contacting his bank and doing a direct debit guarantee claim

against the payments past the 12mts.

 

 

you do realise by law [the DD guarantee]

the company MUST send you a schedule of charges in advance of the first payment

and

listing all payments that will be taken under the contract?

 

 

and unless they subsequently write and give you a new schedule

they cant take anymore


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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pers I'd be contacting his bank and doing a direct debit guarantee claim

against the payments past the 12mts.

 

 

you do realise by law [the DD guarantee]

the company MUST send you a schedule of charges in advance of the first payment

and

listing all payments that will be taken under the contract?

 

 

and unless they subsequently write and give you a new schedule

they cant take anymore

 

Hi dx100uk,

 

Thanks for that I will pass your advice on to my son but as I previously said to Slick think he's just glad it's not escalated into something further and doesn't want to "poke the wasps nest"as it were any further, just "chalk it up to experience"

He'll just be happy to put an end to it and have nothing further to do with them.

Thanks

Kryztll

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