Xercise4less/Harlands. Newbie post

[Swiftvalley16]

Hello all,

 

I apologise for what I can see is yet another post regarding these people.

 

I am hoping someone can help me in this matter, I write on behalf of my son.

 

A long story short..... Here goes.

 

October 2015 my sons friend rang and offered him a complimentary membership to the local exercise4less gym. A brief chat and five minutes later my son comes in the room looking puzzled. He asks me.. Mum, why on earth did i give them my card details? I reply, you don't if its complimentary, basically Son I think you've been signed up for a paying membership.

 

He rings his friend straight back and says sorry man Im not up for that, he says no problem ill get my manager to ring you. She/he rings back and says no problem its sorted.

 

He receives an email on 14/10/15 saying in brief....... Mr.... Your membership was processed in error, I shall send down an email to remove/cancel, ( can't recall what word they used), fine he says great thank you.

 

I told my son to check his bank and cancel any DD that was there, he said there isn't one set up mum so can't. We think things are ok, how wrong.

 

January 2016 arrives and my son finds that they have taken £9.99 from his bank using his card. He goes straight to bank, they cancel his DD which has appeared suddenly and also cancel his current bank card.

 

12th February 2016 he receives a text message from xercise4less tell him to ring to reinstate the DD or he will be charged.

He replied to the original email which states it was processed in error, asking them to rectify it.

Following day, 13th he gets a letter from Harlands saying this.....

 

Your bank has advised us that your DD instruction has been cancelled.

The terms of you membership agreement mean that you have to repay all your instalments by DD. Therefore you must call HARLANDS helpline immediately to reinstate your DD. If you do not call us by 28th Feb you will be charged an administration fee.

 

He tried to ring them on Friday, but there was no answer.

 

He signed no paperwork, and has an email stating that it was processed in error in October 2015. They took money they shouldn't have done. He let this slide due to the sad circumstance that the friend whom initially rang him was killed in a hit and run beginning of January, so felt it hard to deal with asking for his money back.

 

As a parent I always give my kids the tools they need to progress in matters of adult life but all I can do when I don't have the tools or any answers is look to others.

 

So any help, advice would be greatly appreciated. Thank you in advance.

 

Swiftvalley16

[fkofilee]

Welcome to CAG SwiftValley16

 

Im very sorry to hear this that you have suffered at the hands of E4L. Have you considered sending a complaint letter / email up the chain?

Im pretty sure itll be resolved very quickly

[slick132]

Hi SV,

 

Firstly, please tell your son NOT to call Harlands for any reason. Keep all comm'ns in writing only.Speaking to them will get you nowhere and he has no need to do what Harlands wants. They have no power or authority to make you call them.

 

If you spend a little time reading other threads here, you'll see just how many cases there are involving X4Less and Harlands.

 

If you have the email dated 14th October 2015 from the gym confirming the m/ship was processed in error and/or cancelled, I suggest you ignore Harlands/CRS for now.

 

It will make your position clearer if you tell the bank to reverse the payment that was taken. Please let us know if they took the payment by card or by the DD that was set up. In any event, get the payment back asap.

 

[Swiftvalley16]

Thankyou for the advice.

 

Money was taken via DD and he has an appointment with the bank to get it back if they will do it.

 

My son has not called Harlands, however, he did reply to the original email which stated that his membership was processed in error by asking for confirmation of error in writing and return payment already taken.

 

I am not surprised to say that they have NOT replied. He did however receive another letter from Harlands with the added charge of £25. now taking his total to £34.99.

 

I am wanting to help him write a letter to the Gym manager ( the one who sent him the email ) and also Harlands stating that he will not be paying ( these will be sent recorded/tracked delivery ) but have no idea what to say aside from swearing.

 

My son has a few health issues so struggles with things like this.

 

If anyone can help me with the letter I'd be very greatful.

 

Thankyou again all,

 

Swiftvalley16:-)

[slick132]

Hi Swift,

 

The bank should agree to refund the DD without questions and this is normally done by calling Cust'r Svs. If he has to visit the branch, make sure he knows it's his RIGHT to a refund and he does NOT have to justify the refund to the bank.

 

Do not bother writing to the gym just now as they're unlikely to assist.

 

We'll help with a draft for Harlands if you want but wait until :-

 

1. YS gets the refund, and

 

2. Harlands write complaining that the bank has returned the DD to YS.

 

Keep us posted.

 

[Swiftvalley16]

Thanks so much for your reply.

 

My son has received a refund from the bank, there was a small error on the banks part as they refunded my son more than the 9.99. However the bank have said that they will just take it back from my son so needless to say dont spend it.

 

any hoo, today we receive this letter from Harlands.

 

As you should be aware, you entered into a membership agreement with Xercise $ Less. At NO time did we or Xercise 4 Less receive notice to cancel your agreement therefore the installments were correctly collected under the terms of your agreement. The agreement also sttes that such payments are not refundable. We therefore ask that you request your bank to withdraw the claim immediately.

 

Should you not withdraw the claim to rectify this breach of you agreement within 14 days, you will incur a £25 administration charge and the matter will be referred to a debt recovery company to pursue for the full amount and cost incurred.

 

We trust this letter receives your urgent attention.

 

 

I really appreciate the help in drafting a letter Thankyou so very much.

 

Swiftvalley16

 

 

[slick132]

Hi SV,

 

Great that the refund was made and let us know when the bank adjusts the refund to sort the matter.

 

I would reply to Harlands now saying :-

 

I refer to your letter of xxdate.

 

The refund under the DD Guarantee Scheme was called for, and actioned, correctly.

 

I will not communicate with you further and any further contact from you will be the subject of formal complaints and possible court action.

 

If they take the trouble to contact X4Less, they'll find out just how the gym screwed up, and how this was acknowledged by email.

 

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

 

[Swiftvalley16]

Thanks again so much.

 

Letter has been sent direct to Harlands.

 

I will say I am a little apprehensive as they may see the mention of court proceedings as a threat, something I am not able to afford.

 

Will see what response the letter brings and to be honest, I dont see them contacting the Gym either to find out and even if they do they will deny it.

 

SV

[slick132]

Hi SV,

 

Taking court action is not expensive.

 

You could seek nominal damages for Harlands' harassment of maybe £50 to £100 at the court's discretion. Any claim for £300 or less costs just £25 using MCOL.

 

Anyway, see how they reply and we'll take it from there .........