Xercise4less - cancellation after the initial term - admin fees

[jknemma]

Good morning,

 

I originally joined xercise4less in January 14 after a phone call from a sales person. I was reluctant but they talked me round by offering two months for free & £9.99 a month there after. Even though the gym was 18 miles from my home I niaevely agreed to become a member.

 

I didn't/haven't used the facilities once & in February I emailed the operations manager asking to cancel my membership but received no reply. I left it until April and sent another request to cancel via but again didn't get a response. In September I noticed they were still taking the amount so I cancelled by direct debit.

 

Now I am receiving threatening letters saying I owe £69:98 with x2 £25 'admin' charges and the threat of court.

 

I've rang xercise4less but been told the manager isn't available - I've emailed the operations manager again and haven't gotten a response (I see a pattern here) however when I messaged them publicly on Twitter they responded (funny that!) but in their DM they have simply said "Sorry however unfortunately you cannot cancel your membership via email unless you have this agreed by the operations manager - do you have this indicated in your emails"

 

I replied stating that I hadn't received a reply and asked how they could resolve the matter but they have not responded.

 

I'm not sure why an email won't suffice when the only contract I've received was via email and I haven't signed anything from them. In fact the only letters I have received were from Harlands threatening me and charging me x2 £25.

 

Do you have any advice for me - I can't have a CCJ against me because of my employment.

 

They have no responded saying that "unfortunately in this instance you will need to pay the cancellations charges - what is your contact number so a member of the membership team can contact you?" I feel this is completely unfair - howe should I respond.

[dx100uk]

woe slow down

 

 

if you search here you'll find that's exactly the way they operate

in that they never ack your cancellation.

 

 

 

 

you cancelled end of tough luck on them.

 

 

shame they got all that money out of you for doing nothing.

 

 

now they want more HAHAHA.

 

 

dx

[jknemma]

It's a joke isn't it? I've offered to pay September and October membership fees of £9.99 if they will cancel my membership and consider the matter resolved. I'll let you know what they say.

[jknemma]

They want me to call them - shall I?

[obiter dictum]

Yes you are going to have to to see if you can work something out to release you from that contract

 

Were you over 18 when you took out the contract as you mention being a student?

 

They will hit you with a CCJ for the entire contract length. With Gym membershp that is normally 24 months

[jknemma]

I think you've confused my post with someone else's.

 

The contract was 12 months.

[obiter dictum]

Sorry my mistake

 

Different thread

[dx100uk]

Gyms don't do ccj anymore they lost the last one

Wait for slick132 to advise before you do anything more

 

Dx

[slick132]

Hi Jk and welcome to CAG

 

Yes you are going to have to to see if you can work something out to release you from that contract

 

Were you over 18 when you took out the contract as you mention being a student?

 

They will hit you with a CCJ for the entire contract length. With Gym membershp that is normally 24 months

 

I suggest you ignore OD's opinion above as it's fundamentally wrong.

 

I suspect your initial agreement was for 12 months as that's the usual term with £9.99 monthly fees at X4Less. If the agrement was for 24 month's it would be unenforceable following the case of The OFT v AMSL in 2011.

 

The chance of any CCJ arising from this is absolutely minimal. Despite what Harlands/CRS threaten in their demands, they avoid court action because they know they don't have solid grounds to litigate.

 

In your 1st post, you say you emailed the gym in February. Please confirm you mean Feb 2015.

 

The gym is wrong to say you can't cancel by email. They can't refuse a cancellation because you didn't use their normal form.

 

Depending on what you tell us, one option may be for you to seek a refund of all DD's paid after you emailed to cancel (plus one month). This can be done using the DD Guarantee Scheme via your bank and several CAGgers have done this in the past.

 

1. Do you still have a copy of the email sent to the Ops Mgr.

 

2. What date was the email sent.

 

3. On what date did you pay your 12th gym fee.

 

[jknemma]

Ah gutted, I wish I had waited for your reply but unfortunately I buckled and called them & paid £39.98 X2 monthly fees of £9.99 and a £20 admin charge with the assurance that that was the matter resolved. I guess I just didn't want it hanging over my head.

 

In answer to your questions;

 

Yes it was 12/02/15 that the email was sent, I have kept copies & my 12 monthly payment was on 15/03/15! I also emailed again on 09/04/15.

 

kicking myself now, feel as though they've won.

 

I will contact my bank regarding DD scheme.

Edited October 26, 2015 by jknemma
Didn't read full response as reading via phone

[citizenB]

Yes, it is a real shame you were unable to wait for slick to respond as you were provided with very bad advice by OD

[jknemma]

I know it was the threat of CCJ's

[jknemma]

The banks systems are down so I can't action anything tonight but the Lady said I had grounds to raise an indemnity claim.

[obiter dictum]

Let us look at this objectively before any more character assanations

 

The judge concluded that a contract was unfair if it ran for longer than 12 months and did not allow the consumer to cancel with 30 days' notice and a moderate penalty

 

1. A Gym can have a contract of more than 12 months but must have a cancelation clause after the first 12 months, normally a months notice

2. In this case it is a 12 months contract

3. The op started the Gym in January 2015 under contract

4. That contract will end January 2016

5. You cannot cancel the agreement in the first 12 months as you are under contract (CCA 1974) unless a medical issue etc presents itself without penalty (Cancellation charges)

6. The notion they cannot enforce that agreement within the first 12 months of contract with a CCJ is nonsense

Edited October 26, 2015 by obiter dictum

[jknemma]

It was at the end of January 14 & I gave 30 days notice before the final payment.

[obiter dictum]

Then yes you can cancel without penalty

 

The problem that you have is that you received no official notice of that cancellation request from xerciseforless or the finance company. (Did you)

 

If you have proof via an email or recorded delivery of your request to cancel then you will be fine.

 

Without that they will simply carry on with your contract as normal, or simply roll over your contract at the end of the contractual term until cancelled in writing.

The same as a mobile phone contract

 

The onus would have been on you to confirm cancellation if you never received confirmation back

 

At the moment you are still liable for those cancellation charges unless you can prove to the contrary

 

The moral of the story is always have a paper trail you can refer back to

 

I would think you will be able to claim back those Harlands 2 x £25.00 letter charges. You will need to check that in the agreement you signed if an outside collection agency can levy such charges

Edited October 26, 2015 by obiter dictum

[slick132]

@ Obiter Dictum - We have been dealing with Harlands for many years and know how they operate.

 

You haven't helped Jk at all and have, in fact, led to them paying money to Harlands that is simply not due.

 

Please leave us to deal with these cases, based on our experience and knowledge.

[slick132]

@ JK

 

Contact your bank immediately and tell them you made the payment referred to in post #10 under duress and you require it to be refunded.

 

Let us know how this goes and we'll take it from there.

 

The copy email you sent to the gym will work in your favour.