Xercise4Less / CRS / Harlands

[largolegrande]

Hi everyone,

 

It sounds like I'm in a very similar situation to a number of other users on this site! I cancelled my gym membership at Xercise4Less Leeds in June after completing the minimum subscription (joined 25 June 2014 for 12 months, £9.99 a month). I thought that was the end of it, but this week received a letter from Rob Avery at CRS telling me I owed gym fees and admin fees totalling £207.47.

 

Prior to cancelling I was vaguely aware of gym cancellation issues based on friends' experiences, so I made sure I'd completed the minimum period (never actually went to the gym apart from to join and cancel!). I went into the gym on 4th June 2015 and completed their cancellation form. I asked the member of staff to photocopy it and give me a copy with their signature, which they did and which I kept.

 

(Having read the guidelines on this forum to cancelling memberships I realise it would have been better to have sent a letter as well with proof of postage - the Xercise4Less cancellation form unfortunately also didn't have a space for the member staff to print their name. There's also a section at the bottom saying "office use only" which I was told would be completed later - in hindsight I suspect this is where the problem started as I took them at their word and the form was probably never "processed".)

 

I allowed the final payment of £9.99 to go out on 25th June 2015 and then cancelled my direct debit. I received no letters from either Harlands or CRS until the one I got this week (although they claim to have sent more) - the address on my cancellation form was however my previous address so it's possible they were sent there (not sure how they got my new address, but guess that's a separate issue!). The form did have my current mobile number however and the gym / Harlands made no attempt to contact me.

 

Googling Xercise4Less and CRS brought me here, and having read some of the fantastic advice to other users on the forum, I sent a letter to Rob Avery (with reference numbers etc) earlier this week by recorded delivery as below (realise proof of postage was all that was required but wanted to be extra sure!):

 

I refer to demands from Harlands / CRS about my gym membership. I used the gym's own cancellation form to supply all details required when I cancelled. The form was completed at the Xercise 4 Less gym in Kirkstall, Leeds on 4 June 2015 and handed in to the staff member immediately upon completion. I enclose a copy of this cancellation form, which I asked the staff member to provide upon completion – please note signatures from both myself and the staff member who took receipt of the cancellation form.

 

I allowed the final direct debit to be taken on 25th June 2015 and then cancelled the direct debit mandate.

 

Accordingly, I owe the gym nothing more and I'll pay nothing to Harlands / CRS. If you make any further demands, I'll make a formal complaint to Trading Standards.

 

The optimistic side of me hoped that would be the end of it, but today I got a text from mobile number +447718775275 saying:

 

Thanks for writing to CRS. Please call us on 01444 449165 between 8:30 - 5pm. Alternatively we can call you to resolve the issue if you would prefer that.

 

I really wouldn't prefer that! Having read the advice on the forum I know not to speak to them on the phone, but this seems to indicate that they aren't going to give up quickly.

 

Searching through my emails today I've found confirmation of my original direct debit instruction from [email protected], received on 25 June 2014 and which confirmed I was committing to paying £9.99 per month for 11 months with the first payment due on 25 July 2014, so I definitely hadn't ended my membership early and did everything that was asked of me as per their cancellation guidelines. I'd paid for the first month when I joined on 25 June along with their joining fee (£29.99 in total, paid by debit card).

 

I realise they have practically zero power, but having read the other threads I really don't want to receive demand letters from CRS over the next weeks and months (and in due course their solicitors)!

 

My question is - do I wait for the next letter / text to come before taking my next action, or (having just read Slick's advice to another user) should I pre-empt the next round and send a letter to Xercise4Less' main Leeds office with a copy of my correspondence with CRS, the signed cancellation form and the email confirming the direct debit instruction, and ask them to tell CRS to back down? I'm aware of the Watchdog expose and was wondering if this would be a way to expedite a resolution, considering their current bad press? (ever the optimist!)

 

Sorry, realise this is a very long post(!), just wanted to explain my situation as comprehensively as possible - any advice you could provide would be very much appreciated.

 

Thank you in advance!

[slick132]

Hi Largo and welcome to CAG

 

Brilliant that you kept a copy of the X4Less cancellation form.

 

You have no need to speak to Harlands/CRS at all and they can't make you. If they call you, just tell them, "In writing only, then hang up" !!

 

Until Harlands/CRS reply properly in writing to your letter, you need do nothing more.

 

Harlands should back off but they may come back asking to see the cancellation form. If they do, you can tell them to b*gger off and get what they need from the gym.

 

No need to contact the gym for now.

 

[largolegrande]

Hi Slick,

 

That's brilliant, thanks for the advice! Will hold on and see what they do next then Was really reassuring reading these threads and hearing about people in similar situations, think you guys are doing a fantastic job and will definitely be making a donation when back home next week.

 

Thanks again!

[largolegrande]

I've finally had a 2nd letter from Rob Avery at CRS - they went quiet for most of December but at the start of January the calls started again, which I ignored until I received a text on 28 January stating it was urgent that they speak to me that day. I then waited until their next call (on Monday 1st February), answered it and told them "in writing only" and hung up, which seems to have finally prompted them to send a 2nd letter.

 

The letter states:

 

Following our initial letter, we are disappointed that your account with Xercise 4 Less is still in arrears and our fee has not been paid. We would still like to reach an amicable resolution to this, however, if you fail to respond to this letter, we will have no option but to commence further action to recover the monies owed.

 

The letter then goes on to threaten 1) legal action or 2) passing the account to another collection agency.

 

I've drafted the reply below but would really appreciate some advice on anything to add / remove before I send it:

Dear Mr Avery,

I refer to demands from Harlands / CRS about my gym membership.

I am extremely disappointed to have received a second letter from you, and furthermore to have received a letter which failed to respond to the content of my reply sent by post on 2 November 2015, confirmed received by your office via a text from CRS on Friday 6 November 2015.

My position on this matter remains unchanged. My membership at Xercise 4 Less gym in Kirkstall began on 25 June 2014 with a minimum contractual term of 12 months, with the final payment of the minimum term due and paid on 26 May 2015. I visited the gym on 4 June 2015 to cancel my membership as the minimum contractual term had been completed. A member of staff on reception provided me with a cancellation form, which I completed in reception, signed, and returned to the staff member, who countersigned the form. The staff member then provided me with a photocopy of the cancellation form upon my request. I was told by the staff member that one more payment of £9.99 would be taken from my account on 25th June 2015, after which date the direct debit mandate should be cancelled. I allowed this final payment to be taken, and the direct debit was subsequently cancelled as per these instructions.

I have once more enclosed the signed and dated cancellation form for your records.

As above, and as stated in my previous letter, I owe Xercise 4 Less no further payments, having completed the cancellation process in full and in accordance with the gym's guidelines, and I will pay nothing to Harlands or CRS. This is my final notice that any further demands will result in a formal complaint to Trading Standards and the CMA.

 

I wondered if I should also send a copy to Xercise 4 Less?

 

I know the most likely next step is that they'll completely ignore my letter again and pass it on to Spratts or similar, but want to make sure I can say I've covered all bases when it does.

 

Thanks once again for your help in advance, any advice much appreciated!

[slick132]

Hi Largo,

 

That's far too many words to waste on Harlands/CRS. I'd tell them :-

 

I've received demands from you and must refer you to my letter of 2nd November.

 

My letter set out my position clearly and I have neither the desire, nor the need, to communicate with you further.

 

If you make any more demands or refer the matter to Zinc or Spratt Endicott, formal complaints will be sent to Trading Standards and The CMA.

 

[largolegrande]

Thanks Slick! Will let you know what happens next

[largolegrande]

Update! Sent the letter to CRS and after reading advice on another thread also sent this email to the CEO with a copy of the letter and cancellation form on Friday afternoon:

 

"Please find attached correspondence with CRS / Harlands regarding the cancellation of my membership at Xercise 4 Less in Kirkstall, Leeds.

 

My membership was cancelled in accordance with the gym's guidelines last June after completing the minimum contractual term of the membership, and I owe nothing more either to Xercise 4 Less or CRS / Harlands.

 

I am being harrassed with letters, phonecalls and texts from CRS / Harlands in spite of this, and I would appreciate your intervention in this matter before it proceeds any further."

 

He forwarded on the email to member dot enquiries at xercise4less and I got the following email this afternoon from Esther:

 

"Thank you for your email. I have recalled your membership from CRS and had the charges removed. Please accept my apologies for the inconvenience caused."

 

Huge thanks again to Slick and the posters on the other threads giving advice on this, was hugely appreciated and no idea what I'd have done without it.

 

Have already made a donation but will make another after pay day!

 

Thanks again

Edited February 8, 2016 by slick132
Spacing added so easier to read

[slick132]

Hi Largo and thanks for the update.

 

Great news to hear that X4Less have told Harlands/CRS to back off. We'll bear this in mind for similar cases.

 

Thanks for the Site Donation(s).