Harlands & Xercise4Less (AGAIN?!)

[Max.]

Hi all,

 

I'm new here (be nice!).

 

Having read through a few of the threads here its hard not to notice a theme with these firms, however as I have never been chased by a company for money before I am nervous about it especially as Harlands seem to take things very far, albeit unsuccesfully!

 

In September I contacted my Xercise4Less (Bristol) in writing to inform I was cancelling my membership and that my final DD payment would be in Ocotober. I did not hear anything back so I called the gym reception and whoever I spoke to said that as long as the payment in October is made it should be fine. My final payment was taken in October. Around 2 weeks ago I noticed a DD was still active in my online banking, therefore I cancelled it.

 

Last week I recieved a letter from Harlands saying I needed to pay them my £9.99 DD and an admin charge of £25. After reading around the forums I decided not to call and instead contacted them in writing explaining that I had complied with the terms of my gym contract and would not be paying any money requested and informed them I expected to recieve written confirmation that this issue was now closed and payment requests withdrawn. I posted the letter on Tuesday first class and am yet to hear back since. I know it's still a bit early but I can sense this will become an issue and was hoping for reassurance and advice from the more experienced people in here.

 

In the meantime I have also emailed the gym informing them of this and have simply been told they have no record of the request of cancellation and I would have to cancel again (meaning a reinstatement of DD and all the associated charges and another final payment I assume). I sense contact with the gym could prove pointless?

 

Thanks for any help, adive reassurance!

 

Cheers

Max

[slick132]

Hi Max and welcome to CAG

 

Did you write to the Bristol gym to cancel by letter or email, and do you have a copy.

 

Writing to Harlands is usually a waste of time but you have to do it, even though we know they will simply carry on making their demands.

 

[Max.]

Hi Slick,

 

Thanks for the quick response, I was under the impression at the time of setting up my membership (well over 2 years ago) that cancellation had to be done in writing which is what I did and put in the post to the gym, as is consistant with most gyms. However it seems now that X4L have an online cancellation form, which I dont't want to use as I know I will be expected to pay more money etc. I didn't keep a copy of the letter sent, I really didn't think I'd need to! But after reading these forums I wish I did.

 

I used royal mail signed for in my letter to Harlands and I know it has been recieved its frustrating that I will have to write to them again and everytime it will cost me £1.73!

 

I know I shouldn't be worried but the cases you guys are dealing with below this thread are dragging on for months! I'm dreading dealing with this to be honest. Although I massively appreciate you and others help on here.

 

Max

[Max.]

Just to add to this aswell, the gym emailed me to say I had to recancel via the online form, this I basically refused to do saying I could not be held responsible for their inability to keep records and that the suggestion that I have to pay another final membership fee is unreasonable. I stated that I expected the issue to be resolved and closed without any further payment. The emails were back and forth with the gym this morning but after that one I have had nothing.

[slick132]

Hi Max,

 

Did you send a hand written letter so you have no copy on a computer.

 

You don't have to use RM Signed For delivery when writing to Harlands/CRS. You can get a free Certificate of Posting at the PO if you need proof of postage.

 

When were you first contacted by the gym and/or Harlands about the cancelled DD mandate.

 

When was the Nov'r DD due under the cancelled mandate.

 

[Max.]

Hi Slick,

 

It was done on computer but not saved.

 

Thanks for the postage tip, I'll keep that in mind.

 

I had a text message from the gym about my account being in arrears on I think the 30th, when I explained the situation they said I would have to contact my gym directly. The letter from Harlands also came on the 30th October expecting payments before the 13th of November.

 

Harlands would be due to take a DD on the 13th of November. They last took a payment on October 13th which was supposed to be my last. I provided at least 30 days notice of cancellation prior to this date.

 

Let me know if you need any other info!

[slick132]

Hi Max,

 

I know it's too late to help you in this gym case but see my guidance here - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-! You should apply this to other situations in the future and always keep copies of letters in case they're needed later.

 

I will suggest a letter to send to X4Less'sHead Office later :-

 

Xercise4Less

Unit 1, Kirkstall Industrial Estate

Kirkstall Road

Burley

Leeds

LS4 2AZ

 

First though, I need to clarify something.

 

You say you wrote to the gym in Sep'r saying you'd pay a final fee in Oct'r. You then say Harlands wrote a week ago seeking payment of a monthly fee £9.99 plus an admin fee £25.00. If you paid the October fee, why were Harlands seeking £9.99 that you say was paid mid-October ?

 

Can you tell us what Harlands said.

 

Please also double-check that you did, in fact pay the October fee.

 

[Max.]

Hi Slick,

 

The October payment went out on the 13th. I then cancelled the DD directly with the bank AFTER that date as I noticed it was still active. Harlands stated the following;

 

"your bank have advised us that your DD instruction has been cancelled" then goes on to say "you must call harlands immediately in order to reinstate your DD"

 

Then says I must call them by November 13th etc. I assume that means it's the November fee they are worried about not getting?

 

Hope that helps.

[slick132]

Ok. In your first post, you said they demanded £9.99 as well as the admin fee when no gym fee would be due until 13th Nov'r.

 

In any event, ifnore Harlands completely for now and write as follows :-

 

Xercise4Less

Unit 1, Kirkstall Industrial Estate

Kirkstall Road

Burley

Leeds

LS4 2AZ

 

Dear sir or madam,

 

I was a member of the Bristol gym for over 2 years and, in September, I wrote to them giving notice to cancel and confirmed my final DD would be paid around 13th October.

 

I received no reply so phoned the gym and was told that, as long as I paid the October fee, everything would be fine.

 

Harlands then wrote to me on xxdate saying my DD mandate had been cancelled and I would have to pay a £25 admin fee on top of the November fee.

 

Having taken the trouble to cancel properly in writing, I am annoyed that my cancellation letter has not been processed.

 

Please make sure this is rectified immediately and contact Harlands telling them to make no further demands.

 

Yours faithfully,

 

Get a free Certificate of Posting at the PO counter as proof of posting and let us know what happens.

 

Tell us if Harlands/CRS contact you further.

 

[Max.]

Hi Slick,

 

That's been posted with a CoP.

 

Hugely appreciate your help. I'll let you all know if/when im contacted further.

[Max.]

Hi Slick,

 

Thought I'd check in and update you all, I've not heard anything from Harlands at all in relation to asking for money. I did get a letter from them dated November 20th that they were unable to cancel my membership although it seems a pretty generic letter that had no relevance to anything we've sent in the previous correspondence.

 

Main point being I checked my online banking and Harlands have NOT tried to collect a DD on either the 13th of November or 13th of December. I think maybe they've not fancied it with me and given up without a fight looking for weaker prey? Maybe the letter to X4L head office did the trick?

 

Anyway if it is the end of the fight thanks Slick for the help. If not I'll see you soon I guess!

[slick132]

Hi Max,

 

Once you cancelled the DD mandate, Harlands were unable to use it again.

 

I hope the letter to X4Less did the trick but with Harlands, you can't be sure.

 

Keep us informed if you hear anything further.