Xcersie4Less / Spratt Endicott Solicitors

[Batesy96]

I had an account with Xcercise4Less and i missed one payment because i was on holiday,

 

 

When i got back i found i had all these charges on my account that made up to around £60.

 

 

Obviously i didn't want to pay this,

so i called them up and contacted them

and they allowed me to make a new account with the charges on the old account being dropped.

 

 

However a few weeks later i started receiving letters from Harlands saying i had to pay,

i tried to phone them but they didn't answer after trying them a couple of times. So i just left it.

 

 

I have now received a letter from Spratt Endicott Solicitors saying that they will take legal action in the next 7 days if i do not pay the balance of £241.40

 

 

. I am a student and can't afford to pay this much especially considering the yearly fees for the gym are £120.

 

 

I just wondered if anyone could advise me on how to hand the situation?

 

Thank you

[obiter dictum]

Is this Spiceball , Reflex, or bannatyne bodicote?

 

Its ok, i am on your side

[Batesy96]

It's Xcercise 4 less

[obiter dictum]

If you do not mind me asking what area do you live , i have had dealings with Sprat Endicott

[Batesy96]

Newcastle-Under-Lyme, Stoke. What was your situation?

[dx100uk]

read the letter properly it does not say WILL anywhere!!

 

 

dx

[obiter dictum]

Probate, i cannot understand why a local solicitor hundreds of miles away is handling this but never mind

 

Are the charges listed on the finance agreement you signed and if they are disproportional they can be reclaimed

[Batesy96]

It just says it "may result in legal proceedings"

[Batesy96]

I don't know, I didn't sign anything?

[obiter dictum]

Ok

 

did you take up a free intoductory offer and to confirm

 

How can you have an account and miss one payment if you signed no contract??

 

You never signed anagreement at the Gym (Trade Premisis) is that correct???

[Batesy96]

i had to click something saying "i accept" and i had a direct debit and i missed one.

[obiter dictum]

Ok then

 

You did the membership on line

 

Is that correct??

[Batesy96]

Well it was in the gym but it was done on the computer by the receptionist.

[obiter dictum]

How long ago was this ??

 

Is it more than a month??

[Batesy96]

Yes it is more than a month ago, about 4 or 5 months ago.

[obiter dictum]

This is now going to be difficult as you have signed and accepted a contract.

You cannot even argue changing your mind due to the time span

 

You can get out of the contract if you have a medical condition that makes exercise dangerous

 

You need to download a copy of that agreement and look at the terms and conditions with charges. We can challenge the cost on that as unlawful penalty charges

 

Phone the Gym up and ask for a web address or contact xerciseforless head office for the link

[fkofilee]

Did it have a minimum term applied?

 

Guessing CRS farmed it out to them?

[Batesy96]

It was 12 month yes, But the cost of the 12 month contract is £120, they want me to pay £240. And yes.

[obiter dictum]

£240 will be the standard two year gym membership terms, the same as a mobile phone contract

[Batesy96]

So you think its best not to ignore this and set up a payment plan?

[obiter dictum]

I would negotite a settlement, say you will pay for xyz months membership but 24 months will cause problems as you are a student and did not realise what you were signing with the contractual terms

[slick132]

Hi Batesy,

 

A lot of posts here already but not much use I'm afraid.

 

This is almost certainly not a 24 month agreement. If it was, you could cancel and walk away without paying a penny !! Agreements longer than 12 months became history following the AMSL case in 2011.

 

Spratt Endicott are used by Harlands/CRS to threaten folk into paying. Stand up to them and they'll scuttle off quickly. We'll help you deal with this.

 

Do NOT call the gym or Harlands/CRS at all. Keep all communication in writing only, preferably letters not emails.

 

I'll draft a letter to Spratt Endicott in a mo .............

 

[slick132]

To Spratt Endicott :-

 

Dear sir or madam,

 

I refer to your letter of xxdate regarding gym membership.

 

This matter was resolved with the gym direct and Harlands/CRS had no right to involve you as a third party.

 

If you contact me again, you will be included in my formal complaints to Trading Standards and The CMA. I will also complain to the SRA.

 

Yours faithfully,

 

Edited October 26, 2015 by slick132

[slick132]

Letter to Harlands :-

 

Dear sir or madam,

 

Gym membership at Xercise4Less in [town/city]

 

I refer to demands from Harlands/CRS for payments.

 

Agreement about this matter was reached with the gym and you have no right to make your demands.

 

Furthermore, you have no right to involve a third party, namely Spratt Endicott, in this matter.

 

If you make any further demands, or cause them to be made by any third party, formal complaints will be made to Trading Standards and The CMA.

 

I suggest you confirm with the gym that I renewed gym membership on the understanding that all charges for the old membership were dropped.

 

Yours faithfully,

 

Get free Certificates of Posting from the PO when you send both these letters.

 

Ignore contact from Harlands/CRS or anyone else for now, but keep us informed.

 

[Batesy96]

Ok, thank you! I thought i was in serious trouble here but from what i have seen and what you have said it seems that this 'Harland's" Company is very dodgy in its methods.