Xercise4Less / CRS issues

[Na27]

Hi all,

 

My boyfriend and I joined Xercise4Less in our final year of university. The gym opened in November 2014 and the first payment was taken in December 2014. Before joining, we triple checked that we could cancel upon relocating, I.e. when we moved back home. We checked this with the salesperson and in the contract. There isn't a gym within 15 miles of us, so we could cancel within the years contract.

 

Our last assignments were in at the end of May, so towards the end of April, we both sent emails using a contact form on the website to notify them we would be cancelling in a month due to relocating back home from university. Unfortunately, we didn't get a confirmation email to say the email had been sent or anything. However, shortly after, I double checked with a staff member at the gym, who said that would be fine and we would be contacted if they needed anything else.

 

Towards the end of May, the last direct debits were taken and we then cancelled the direct debits. Following this, we moved back home and heard nothing until August of this year, when we received letters to our home addresses regarding an unpaid debt to X4L from CRS.

 

I now know it was stupid but I called them up to explain the situation and was told all I needed to do was send proof of our addresses I.e. driving licences. I sent them photocopies of these and then received an email to say these had been received and we no longer owed a debt of £19.98, which had accrued after the proof had been sent. However, we apparently still owe £182.47, which was already due before the proof had been sent. They said they would accept a discounted sum if we paid in 7 days etc etc.

 

Unfortunately, I'm not sure what to do next. I really don't think we owe them anything as we gave them 1 months notice and clearly stated from the start and at the time, this was due to relocation from university. I find it so wrong that X4L didn't try to contact us once before CRS came into the picture. I know we changed addresses but they had our emails and telephone numbers (We still get promotional emails and texts from them).

 

Just to make it clear, it's the exact same situation for my boyfriend and I.

 

Help please? It would be very much appreciated.

Edited November 23, 2015 by Na27

[fkofilee]

Slick will be along soon... I would say ignore for now. Full of hot air.

[slick132]

Hi Na and welcome to CAG

 

It sounds like you did all that was required of you.

 

You gave a months notice and paid the next DD payment, and then cancelled the DD mandates.

 

1. Do you have copies of the emails that you sent to X4Less.

 

Harlands/CRS have no right to say you can only cancel from when you provided proof of change of address.

 

They have no authority to demand in the way they do and you should ignore them soon.

 

Answer my Q above and we'll take it from there.

 

[Na27]

Hi Na and welcome to CAG

 

It sounds like you did all that was required of you.

 

You gave a months notice and paid the next DD payment, and then cancelled the DD mandates.

 

1. Do you have copies of the emails that you sent to X4Less.

 

Harlands/CRS have no right to say you can only cancel from when you provided proof of change of address.

 

They have no authority to demand in the way they do and you should ignore them soon.

 

Answer my Q above and we'll take it from there.

 

 

Hi all, thanks for the responses.

 

Unfortunately not. I used a contact form on the site and expected to receive a confirmation email to say my message had been sent but nothing. However, when I spoke to CRS, the issue didn't seem to be around the months notice. It was due to not providing the proof of change of address when I gave notice.

[slick132]

Hi Na,

 

I would not worry about this. As I said before, you did all that you needed to cancel.

 

It doesn't matter that you don'r have a copy of the cancellation notice. They are famous for "losing" or failing to process cancellations.

 

Harlands/CRS will no doubt continue to make demands for increasing amounts because they add their admin fees as time passes. However, they have no authority and can't do anything. They won't take court action because they have no grounds.

 

I suggest you each write to Harlands saying :-

 

I cancelled due to relocation and paid a months fee for the notice period.

 

I will not pay you any more and if you continue to make any demands, I will make formal complaints to The CMA and to Trading Standards.

 

Send this by post and get a free Certificate of Posting at the PO Counter as proof of posting.

 

[Na27]

Hi Na,

 

I would not worry about this. As I said before, you did all that you needed to cancel.

 

It doesn't matter that you don'r have a copy of the cancellation notice. They are famous for "losing" or failing to process cancellations.

 

Harlands/CRS will no doubt continue to make demands for increasing amounts because they add their admin fees as time passes. However, they have no authority and can't do anything. They won't take court action because they have no grounds.

 

I suggest you each write to Harlands saying :-

 

I cancelled due to relocation and paid a months fee for the notice period.

 

I will not pay you any more and if you continue to make any demands, I will make formal complaints to The CMA and to Trading Standards.

 

Send this by post and get a free Certificate of Posting at the PO Counter as proof of posting.

 

 

Thanks a lot for your help. I'll send the letters off this week.

I take it I can just ignore letters/calls after that?

[slick132]

Ignore all calls but let us know what letters you get and who from.

 

[Na27]

Ignore all calls but let us know what letters you get and who from.

 

 

I have had multiple calls and texts but no response to my letter. However, I have had a letter from CRS threatening court action unless I make payment in a set number of days.

 

Should I send another letter??

 

Thanks so much for all your help!

[Bazooka Boo]

You can ignore their silly little letter, they don't do court because they know they would be laughed out of it, so don't worry on that end.

 

Pointless IMO in sending them another letter, you're just playing their dumb game of letter tennis.

 

Make a formal complaint to the gym informing them that you are holding them ultimately responsible for the actions of their chosen tin pot DCA, and that due to their continued harassment, you are seeking legal advice with a view of taking action against them for the criminal offence of harassment.

 

Complain to the CMA and TS regarding the harassment too.

 

Keep a diary of events regarding the calls/texts.

 

Forward the text messages to 7726 (spam on your keypad)

 

When they ring laugh and hang up.

[slick132]

Hi na,

 

This is just the usual empty threats from Harlands/CRS which I suggest you ignore.

 

Let us know of further contact ............

 

[Na27]

Hi all,

 

Apologies for the lack of contact from myself. I hadn't heard anything from them for a while until around a month or two ago, when I started receiving calls and texts from them. I ignored all and blocked their number. I've also moved address in this time, however, still receive letters at my old address as its my parents house. On my last visit, I discovered two letters - none responding to my letter but stating my account was to be passed to an external debt collection agent and that I should call them to make payment etc.

To be honest, I completely forgot about them but today I have received a text from Spratt Endicott asking me to call them.

 

Should I speak to them and explain the situation or write another letter?

 

Thank you for all your help, I really appreciate it.

[slick132]

Hi Na,

 

Do NOT call anyone by phone about this.

 

Ignore Spratt Endicott for now as they threaten plenty but do not take action.

 

It's important that Harlands have your current address so you always know what they're up to. So write to Harlands now saying :-

 

Dear Harlands,

 

As a matter of courtesy, I write to confirm I have moved and my current address is :-

 

New

Address

And

Postcode

 

However, you should be aware that demands from Harlands/CRS, Zinc and Spratt Endicott will continue to be ignored except for the purpose of reporting you for Harassment.

 

Yours faithfully,

 

Get a free Cert of Posting from the PO and keep it safe.

 

Be assured, if Harlands, etc were interested in taking you to court, they'd have started action many months back. But they won't because they know they don't have a legal leg to stand on !!

 

Keep us posted.

 

[Na27]

Hi Na,

 

Do NOT call anyone by phone about this.

 

Ignore Spratt Endicott for now as they threaten plenty but do not take action.

 

It's important that Harlands have your current address so you always know what they're up to. So write to Harlands now saying :-

 

Dear Harlands,

 

As a matter of courtesy, I write to confirm I have moved and my current address is :-

 

New

Address

And

Postcode

 

However, you should be aware that demands from Harlands/CRS, Zinc and Spratt Endicott will continue to be ignored except for the purpose of reporting you for Harassment.

 

Yours faithfully,

 

Get a free Cert of Posting from the PO and keep it safe.

 

Be assured, if Harlands, etc were interested in taking you to court, they'd have started action many months back. But they won't because they know they don't have a legal leg to stand on !!

 

Keep us posted.

 

 

Thank you so much for your help, I will get that sent off. I will be back home this weekend so will update you if I have any letters.

[Bazooka Boo]

Continue to exhaust the gyms complaints procedure, escalate right to the top!

 

Embarrass them on social media too.

[Na27]

On going home, I saw I had received a letter from Spratt Endicott dated 8th August and asking me to contact them within 7 days regarding what I owe. Should I ignore?

 

I did actually send an email to the manager of the gym I was at with a complaint back in November 2015, no response at all. I will proceed to put in an official complaint once I figure out how - seems to be nothing on their website to allow you to do this.

[slick132]

Hi Na,

 

Ignore this from Spratts for now.

 

Was this sent to your new address. If so, no need for the letter in post #12 above.

 

Keep us posted .............

 

[Na27]

Hi Slick,

 

No it was sent to my parents address so I will still send the above letter.

 

Thank you.

[Na27]

All,

 

I just wanted to update you on what I think may just be a victory - I complained to Xercise4Less and this is the response I have just received:

 

 

Thank you for your email

 

 

Your membership has now been recalled from CRS and cancelled, and they will no longer pursue for outstanding arrears.

 

Please accept our apologies for the inconvenience this matter has caused you.

 

 

I have no idea on whether this means it will all stop but I really hope so!!!

 

Thank you all so much for your help!

[Bazooka Boo]

I would say it is a victory yes, was this head office who responded?

[slick132]

Hi Na,

 

This is looking good but please confirm who the email was from.

 

[Na27]

Correct, this was from their head office.

[slick132]

Hi Na,

 

Hopefully this will mean an end to Harlands/CRS demands but let us know if they pester you at all further.

 

If you can manage any Site Donation, it will help us be here for you and others in the future.