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Xercise 4 Less/ Harlands cancellation and administration fees

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Hi,

 

Just looking for some advice before I decide to contact/ pay Harlands.

 

I took out a 11 month membership with Xercise 4 Less gym last year but didn't really use it so decided to cancel.

My SnapDDA membership email states:

 

"You are committing to a single £0.00 admin fee payment and £9.99 per month for a minimum of 11 months.

Your first payment will be collected on or just after 25 November 2014 for an amount of £9.99 which consists of a joining fee of £0.00 and the first monthly payment of £9.99.

Subsequent monthly payments of £9.99 will commence on 25 December 2014 and continue on or just after the same day of each month thereafter."

 

The following payments have been taken by direct debit:

 

"25 Sep 15 HARLANDS DD 9.99

25 Aug 15 HARLANDS DD 9.99

27 Jul 15 HARLANDS DD 9.99

25 Jun 15 HARLANDS DD 9.99

26 May 15 HARLANDS DD 9.99

27 Apr 15 HARLANDS DD 9.99

25 Mar 15 HARLANDS DD 9.99

25 Feb 15 HARLANDS DD 9.99

26 Jan 15 HARLANDS DD 9.99

29 Dec 14 HARLANDS DD 9.99

25 Nov 14 HARLANDS DD 9.99"

 

I have made my 11 monthly payments and am therefore outside of contract. I cancelled my direct debit. I realise I should have contacted Xercise 4 Less to cancel the membership BEFORE cancelling the Direct Debit.

 

I then received a letter stating:

 

"Harlands administer the collection of all payments due under your membership agreement with Xercise 4 Less. Your bank have advised us that your October instalment has been returned unpaid "instruction cancelled".

 

You have therefore been charged a £25 administration fee which means you need to pay £34.99 to bring your account up to date. Call HARLANDS HELPLINE 01444 449162 immediately so we can collect this by DEBIT/ CREDIT card and reinstate your Direct Debit over the telephone. If you wish to pay by another method, you must still phone to discuss your options.

 

If you do not call us by 16 Novemnber 15 you will be charged a further £25 administration fee. The telephone lines are open (blah blah)"

 

I have since also moved home and letters are currently going to my old address (my tenant kindly keeps them for me monthly).

 

Please could anyone advise me on where I stand with all this and what the best course of action would be for me to take. Any advise and help would be greatly appreciated.

 

I was thinking along the lines of this taken from Shabba180s thread:

 

"Dear Sir or Madam,

 

Firstly I would like to advise you of my new address: XXX

 

I refer to my membership at Xercise 4 Less gym in Bolton. My agreement with Xercise4Less was for a minimum of 11 months. The first month's payment was taken on 25 Nov 14 and then £9.99 was collected from my account on/ just after the 25th of each month including 25 Sep 15. This amounts to 11 payments, therefore satisfying the minimum contractual period of 11 months.

 

I cancelled my direct debit mandate and this was adequate notice of my intention to cancel. I realise now that I should have given 30 days notice to cancel my membership and so I am offering to pay one month membership of £9.99 to cover the notice period, to you now. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you will accept the amount of £9.99 in full & final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

Yours faithfully,"

 

Im thinking of sending a copy via both email and normal mail to both Xercise 4 Less and Harlands:

 

operations.manager.bolton email

Xercise4Less

Unit 1, Kirkstall Industrial Estate

Kirkstall Road

Burley

Leeds

LS4 2AZ

 

c.service.icsharlandsgroup.co.uk email

Harlands Services Ltd

2nd Floor, Rockwood House

9-17 Perrymount Road

Haywards Heath

West Sussex

RH16 3TW

 

I am in 2 minds whether to just pay the £34.99 and be done with all the hassle of sending further letters/ them adding on constant charges and taking possible legal action in future? How successful have people been in challeging their fees and has anyone been taken to court/ legal action taken against them?

 

If I did want to just pay the £34.99 and be done with it what is the best way to ensure I get a proper cancellation/ no more demands from them?

 

Many thanks in advance

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I'd do the tried and tested method via that slick132 letter

 

That will end it

They don't do court on unlawfully penalty fees

 

Then ignore the powerless dca's

 

They are not baillifs

 

Dx


..

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Hi 1mm3 and welcome to CAG

 

I'd send that letter by post to Harlands and not use email, Get a free Certificate of Posting from the PO when you send it.

 

No need to involve X4Less for now as they've done nothing wrong and they'll probably say it's out of their hands.

 

I would NOT pay Harlands the £25 admin fee plus £9.99. They'd probably demand more anyway, saying you have still not cancelled the agreement in the required manner so monthly fees continue to accrue. Then, of course, they'll pile on more admin fees.

 

Harlands took a case to court earlier this year and made a real shambles, before withdrawing the claim - http://www.consumeractiongroup.co.uk/forum/showthread.php?431240-Harlands-CRS-**WITHDRAW-COURT-CLAIM**

 

:-)

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Sent this on 11/11/2015 via 1st class, got Certificate of Posting

 

Harlands Services Ltd

2nd Floor, Rockwood House

9-17 Perrymount Road

Haywards Heath

West Sussex

RH16 3TW

 

Dear Sir or Madam,

 

Firstly I would like to advise you of my new address:

XXX

 

I refer to my membership at Xercise 4 Less gym in in Bolton. My agreement with Xercise4Less was for a minimum of 11 months. The first month's payment was taken on 25 Nov 14 and then £9.99 was collected from my account on/ just after the 25th of each month including 25 Sep 15. This amounts to 11 payments, therefore satisfying the minimum contractual period of 11 months.

 

I cancelled my direct debit mandate and this was adequate notice of my intention to cancel. I realise now that I should have given 30 days notice to cancel my membership and so I am offering to pay one month membership of £9.99, to cover the notice period, to you now. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

If you confirm in writing that you will accept the amount of £9.99 in full & final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

Yours sincerely,

 

Received a letter dated 13/11/15 which states:

 

Re: Correspondence Received at Harlands Group

 

We are in receipt of your letter, received at Harlands on 12th November 2015.

 

However, we have carried out a complete search of our system based on the information detailed in your letter, but unfortunately we are unable to locate you.

 

Would you therefore provide us with the following information;

Date of birth

Address at the time of taking out membership

Harlands unique reference number (this can be found on your bank statement)

 

Please email this information direct to officeadmin at harlandsgroup.co.uk.

 

Once this information has been received, we will be able to process your enquiry

 

Yours sincerely

 

Im going to reply via email as requested:

 

SENT VIA EMAIL ONLY

 

Harlands Services Ltd

2nd Floor, Rockwood House

9-17 Perrymount Road

Haywards Heath

West Sussex

RH16 3TW

 

Dear Sir or Madam,

 

Thank you for your letter dated 13th November 2015.

 

My Date of Birth is: XX/XX/XXXX

 

My Address at the time of taking out membership was: XXX

 

Harlands unique reference number (number from bank statement): XXXXXXXXX

 

Harlands Reference number from letter dated 27th Oct 2015: XXXXXXX/XX

 

Yours sincerely,

 

Is that ok?

Edited by 1mm3
spelling

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I would NOT reply by email and would stick to posted letters.

 

Nor would I give them the DoB. They should be able to identify you with the Ref. No. that they used when they wrote to you about the cancelled DD Mandate.

 

:-)


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Sending via post as advised. Removed DOB.

 

Thank you slick132!

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Just received the following letter (Harlands sent to wrong address despite highlighting my change of address in both my letters):

 

Re: Your membership to Xercise 4 Less

Ref no : CORRECT SAME AS FIRST LETTER OF CORRESPONDENCE

 

We thank you for your letter dated 17th November.

 

We are sorry to inform you that we cannot cancel your gym membership with Xercise4Less, you will need to cancel online via the Xercise4less.

 

Yours Sincerely,

 

Harlands

 

I have also noticed Xercise4Less now has an Online Cancellation Webform which is accessible from the "FAQs" section of their website.

 

Do I fill out the online webform to confirm cancellation? I dont think I should as it has a check box for:

I understand that by submitting this form I am giving 30 days' notice to cancel my gym membership with Xercise4Less. During this time if my direct debit due date falls within this time, one further direct debit will be taken from my account.

We are arguing that my cancellation of my DD was adequate notice of cancellation and dont wish to cancel again with another 30 day notice period starting now?

 

Or should I reply via letter again and to whom saying what?

 

Thank you

Edited by 1mm3

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Hi 1mm3,

 

Do not fill out any cancellation form online as Harlands/CRS will try to use the latest date as the cancellation date.

 

Just ignore this latest letter from Harlands/CRS.

 

Keep us informed of further contact.

 

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Just received a letter from Credit Resolution Services. Again sent to wrong address:

 

Re: Harlands Ref XXXXXXX

Xercise 4 Less Reference: XXXXXXXX

OUTSTANDING BALANCE: £104.97

 

We have been advised by Harlands, that you have stopped making payments under your membership agreement with Xercise 4 Less.

 

Your balance of £104.97 is now due to be paid in full, by no later than 17 January 16.

 

The Harlands telephone lines BLAH BLAH

 

Harlands would like to resolve this matter before further action is needed. However, under your agreement with Harlands, you have promised to pay this debt. If you continue to refuse to honour that commitment, Harlands will have no option but to take legal steps to collect the outstanding balance.

 

If you are unable to settle the balance in full, you should call Harlands immediately as they are able to discuss oother repayment options.

 

Yours Sincerely,

For Credit Resolution Services

 

What next?

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are the powerless dca w warned you about

they are not bailiffs

and have

no such legal powers


..

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Hi 1mm3,

 

They make me laugh !! "We have been advised by Harlands ......" CRS are Harlands and vice versa !! :lol::lol:

 

Just ignore the letter completely, unless you want to remind them about using the wrong address. If so, you could write to Harlands saying.

 

Dear Harlands/CRS,

 

I refer to your letter of xxdate which you have again sent to the wrong address.

 

I gave you my current address in my letter of xx November 2015.

 

If any further letters are sent to the old address, you will be reported to the ICO without further warning. I have proof of postage.

 

As you failed to respond to my offer in November, it is now withdrawn and I will pay you nothing. Further letters from Harlands, CRS, Zinc or Spratt Endicott will be reported by formal complaints to Trading Standards and The CMA.

 

Yours faithfully,

 

Get another Cert of Posting when you send it.

 

:-)


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I sent the following around 17/02/16

 

17/02/2016

 

Credit Resolution Services

2nd Floor, Rockwood House

9-17 Perrymount Road

Haywards Heath

West Sussex

RH16 3TW

 

Re: CRS Ref No:

Xercise 4 Less Ref No.

 

Dear Harlands/CRS,

 

I refer to your letters of 7th and 29th January 2016 which you have AGAIN sent to the wrong address.

 

My address is:

 

I gave you my current address in my letters of 11th and 15th November 2015.

 

If any further letters are sent to the old address, you will be reported to the ICO without further warning. I have proof of postage.

 

As you failed to respond to my offer in November, it is now withdrawn and I will pay you nothing.

 

Further letters from Harlands, CRS, Zinc or Spratt Endicott will be reported by formal complaints to Trading Standards and The CMA.

 

Yours faithfully,

 

 

I have received 2 letters on the 1st and 22nd of April:

 

1 April 2016

Credit Resolution Services Debt Collection Services - Tracing Services

Re: CRS Ref No: Xercise 4 Less Ref No:

CRS REF No: CRS HELPLINE: 01444 449 165 ACCOUNT BALANCE: £171.47

 

Further to your letter of 17th February 2015, we apologise for the delay in our reply.

We would like to point out that Credit Resolution Services has only been employed to deal with this matter as of 27th January 2016. As such the letters of 11th and 15th November 20-15 you refer to were prior to our involvement. We have updated your address accordingly.

 

We can see that Harlands have responded to your letters, although do not have access to your letters themselves at this time. The content of Harlands' response has been extremely brief and we suspect has not addressed all of the issues you have raised, especially as you allege to have made an offer of payment, which they have not referred to. As such, should you outline your version of events relating to this matter, we will review our position; and shall be happy to negotiate with you to find a reasonable solution.

 

We trust you find this in order, and shall suspend further action for a period of 14 days to allow you an opportunity to respond.

 

Yours sincerely

David Castle Collections Department

2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW Tel No: 01444 449 165 Facsimile: 01444 449152 Email: Credit Resolution Services is a trading title of Harlands Services Ltd Registered Office: 2nd Floor, 9-17 Perrymount Road, Haywards Heath, West Sussex, R1116 3TW Registration No. 2982925

 

CRS

22 April 2016

Credit Resolution Services

Debt Collection Services - Tracing Services

CRS REF No: CRS HELPLINE: 01444 449 165 ACCOUNT BALANCE: £171.47

IMPORTANT - PLEASE CALL US TODAY ON 01444 449165

Re: CRS Ref No: Xercise 4 Less Ref. No:

 

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 options available to us are:

 

1. LEGAL ACTION We believe you are in breach of a legally binding contract with Xercise 4 Less because you have not paid your membership and our fees. We may pursue a claim under this contract through the Courts. If we do so the following process would apply:

 

1. We will write a formal letter explaining what we are demanding and give you a final opportunity to pay/reply;

2. If this failed to settle the matter we would issue proceedings against you in the County Court;

3. You could then either: a. make payment, ending the legal process, or b. dispute some, or all, of the amount was owed.

4. If you dispute the amount was owed the Court process would continue, at the end of which the Court would make a decision on our claim.

5. A strict Court imposed timescale will apply in relation to the Court process.

 

Were we to be successful in our claim, or if you ignore the claim, a County Court Judgment (CCJ) may be registered against you requiring you to make payment. You may also be liable for our costs of pursuing legal action and interest on the amount owed. If you then fail to pay the amount covered by the CCJ we would take the next steps required to enforce the judgment. To do this we would have to make an application to Court.

 

2. OUTSOURCE TO EXTERNAL AGENTS Your account would be passed to another Collection Agency who will take further action to recover the monies owed.

 

YOU CAN AVOID THIS HAPPENING IF WITHIN THE NEXT 10 DAYS YOU CONTACT US ON 01444 449165 TO ARRANGE PAYMENT WITH US.

 

Yours sincerely For Credit Resolution Services

Rob Avery / Collections Manager

2nd Floor, Rockwood House, 9-17 Perrymount Road, Haywards Heath, West Sussex, RH16 3TW Tel No: 01444 449 Facsimil • 01444 449152 Email:

Credit Resolution Services is a trading title of Harlands Services Ltd Registered Office: 2nd Floor, 9-17 Penymount Road, Haywards Heath, West Sussex, RH16 3TW Registration No. 2982925

 

Should I send them 1 last letter detailing the offer I made initially to Harlands (although Harlands and CRS are same company) and warning them not to pass on to external agents as threatened in latest letter?

 

Getting to the point where I cant be bothered replying anymore, also keep receiving missed calls from them but thankfully using a callblocker to stop them.

 

Thanks again

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Hi 1mm3,

 

They're unbelievable !! Why on earth do Harlands/CRS pretend they are separate companies who each don't know what the other does. :lol: :lol:

 

Don't dignify their letters with any reply. Just ignore and let them pay Zinc and then Spratt Endicott to carry on their stupid demands.

 

Have you used Twitter and/or Facebook to embarrass X4Less about their continued use of Harlands/CRS to harass and bully folk.

 

Keep us posted.

 

:-)


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Ive left a negative review on the Xercise4Less facebook page for that gym. Many other negative reviews there also..

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Received a letter from Spratt Endicott Solicitors:

 

spratt endicott

SOLICITORS

52-54 The Green South Bar Street Banbury Oxon OX16 9AB DX 24204 Banbury 1

Tel +44 (0) 1295 204046 Tel 0844 967 0808 (Low Cost) Fax +44(0) 1295 204070 Email

Calls may be recorded for business and training purposes

 

YOUR REFERENCE X

OUR REFERENCE X

14 June 2016

 

Dear Mr X

 

CREDITOR: Xercise 4 Less (Mem No X)

OUTSTANDING BALANCE £171.47

 

We act on behalf of the above name client. They have instructed us to write to you concerning the above debt due to them.

Failure to reply to this notice within 7 days may result in legal proceedings to recover the above balance unless you contact us to discuss your repayment proposals.

 

Any claim resulting in proceedings will include additional costs payable by you. You should also note that if Judgment is obtained you may find it difficult to obtain credit from other sources as the judgment will be registered and remain on your credit file for 6 years.

 

Please contact us to discuss your account so that we may come to an arrangement that is affordable and sustainable in line with your financial circumstances and therefore it will not be necessary to issue proceedings.

 

If you require free financial assistance or legal advice we would recommend that you contact your local Citizens Advice Bureau or Step Change on 0800 138 1111.

 

We hope that it will not be necessary for us to issue proceedings and that we will hear from you without delay.

 

Yours faithfully

 

Spratt Endicott

 

Spratt Endicott, Spratt Endicott Solicitors, Spratt Endicott Truman and Spratt Endicott Truman Solicitors are the trading names of Spratt Endicott Limited, a company registered in England & Wales (company no. 08030343) authorised and regulated by the Solicitors Regulation Authority (registration no. 608169) and by the Financial Conduct Authority (registration number 709546). Spratt Endicott Limited uses the word "Director" to refer to a statutory director of the company and certain senior employees. A list of the statutory directors is available for inspection at our registered office, 52-54 The Green, Banbury OX16 9AB.

 

Should I reply and if so saying what?

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no as per slicks last post says.

they can do nowt

 

 

dx


..

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Hi 1mm3,

 

As DX says, you should simply ignore this letter. There's no need to reply unless you want to.

 

If you want to reply to Spratts and tell them where to get off, let us know and we'll draft a reply for you to send.

 

:-)


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Thanks, I have ignored as per your advice.

 

They have now somehow managed to get my telephone number and have been calling me/ left an answerphone message also. Again, not answered any of their calls and been ignoring.

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Do you know WHO is calling you ?

 

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Hi,

Whats the latest on this please as im having the same issue they are trying to get £201 off me when i was wrongly advised by not just one member but by three different ones, i kept a note of dates, times, person, dialogue of conversation but they are insisting i have to contact CRS to pay, ive offered them on more then once occasion to pay my notice period but even the gym itself said no need ass it is our fault! They are an absolute joke

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Hi PixieP and welcome to CAG

 

You've posted on an older thread so please start your own thread and give us some basic info so we can offer advice, if you want it.

 

This link will help you start your thread - http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=260

 

:-)


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Over a year has passed and I havent heard anything..

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wasn't going anywhere from day one.

 

 

dx


..

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Hi 1mm3 and thanks for the update.

 

It's really useful to us and other readers to hear that Harlands have again done nothing.

 

It helps others see that Harlands/CRS are just full of hot air and they DON'T take the action they so often threaten.

 

Glad they've left you in peace ..............

 

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