Harlands Xercise4less cancellation

[slick132]

You could write to Harlands confirming your current address and tell them, if they write again to the old address, you'll complain to The ICO.

 

[weastman]

Thanks slick132, I will send this off, could you please confirm I am writing to the correct address?

Harlands Finance Ltd

2 Rockwood House

9-17 Perrymount Rd

Haywards Heath

RH16 3TW

 

Will

[slick132]

Yup, that's it.

 

[weastman]

After kicking up a fuss on twitter I am now in contact with X4L , they are emailing me (1 email) and multiple personal messages on twitter. They are mainly coming at it from the direction of why I have been ignored rather than resolving the problem, they are asking me to call a helpline number. Any advice on how I should proceed with this? Thanks once again for the help.

[slick132]

Don't call any helpline number. Keep any communication by letter or by email, so you have proof of all that's said.

 

Keep using FB and or Twitter to voice your complaints in public, particularly about X4Less using the notoriously unpleasant Harlands/CRS to harass customers.

 

[weastman]

Hi, so seems they respond to twitter complaints, after a little back an forth and being asked to call the number on multiple occasions, then responding with, I will not call, I have been advised to keep all communication via email or post. I have now received this email from xercise4less (which seems like progress).

 

Do you think I should take this, and if not what should I respond with?

 

 

"Dear Mr Eastman,

 

 

 

Will from our Member Enquiries has passed me your details to arrange settlement of your account. As your account has not yet escalated to a third party debt collectors, we can offer a settlement of £59.98. This is broken down below.

 

 

 

Arrears (Feb) £19.99

 

30 days’ notice (March) £19.99

 

Administration Fee £20.00

 

Total £59.98

 

 

 

The included administration fee is non-negotiable and is at a discount of that which is stated in the Terms and Conditions of your contract.

 

 

 

If you wish to make this payment you can call our Membership Support on 0113 203 8602 and they can send you a confirmation e-mail of your settlement at your request.

 

 

 

Alternatively you can send a cheque for the amount above, made payable to Wright Leisure Ltd to our Head Office (Xercise4less, Unit 1, Kirkstall Industrial Estate, Kirkstall Rd, Leeds, West Yorkshire LS4 2AZ).

 

 

 

If you are unwilling to make this payment then I’m afraid your account will escalate to a third party debt collection agency and further charges will apply.

 

 

 

 

 

Kind Regards,

 

 

 

Andy Evans

 

Customer Support Manager

 

Xercise4less

 

Head Office"

[slick132]

Reply :-

 

Thank you for your email of xxdate.

 

The most I owe is just 1 month's fee for the month's notice I should have given when I cancelled the DD mandate. There were no arrears so all I owe is the payment due around 4th February which was not paid after I cancelled the DD Mandate on 2nd February.

 

I made my offer very clear in my letter to you of xxdate (the ltr in post #11 from page 1). Unfortunately X4Less have still not had the courtesy to reply to that letter.

 

I will not pay any admin fees as these are unlawful and unenforceable penalties.

 

If X4Less had dealt with my initial letter in a timely manner, I would not have had to face the barrage of abuse from Harlands/CRS, or take the time and trouble to contact you using Social Media.

 

I repeat my offer, to pay one month's fee to end the matter. Failing which I will make formal complaints to Trading Standards and The CMA. I will also report on Facebook and Twitter any further contact/ harassment from Harlands/CRS.

 

[weastman]

Thanks, are you sure that A. The penalty fees is unenforceable, and if so why is this? Also regarding the months fee, am I correct in thinking that me cancelling the direct debit is giving notice of cancellation therefore I am only required to pay one month from that sate?

It is not mentioned that I moved out of the area, is it worth bringing this up as I know xercise4less have a clause whereby you wave the notice period if you move out of the area, or something along these lines.

 

Thank you very much for your help, I just want to be sure before essentially rejecting this offer.

 

Will

 

Reply :-

 

Thank you for your email of xxdate.

 

The most I owe is just 1 month's fee for the month's notice I should have given when I cancelled the DD mandate. There were no arrears so all I owe is the payment due around 4th February which was not paid after I cancelled the DD Mandate on 2nd February.

 

I made my offer very clear in my letter to you of xxdate (the ltr in post #11 from page 1). Unfortunately X4Less have still not had the courtesy to reply to that letter.

 

I will not pay any admin fees as these are unlawful and unenforceable penalties.

 

If X4Less had dealt with my initial letter in a timely manner, I would not have had to face the barrage of abuse from Harlands/CRS, or take the time and trouble to contact you using Social Media.

 

I repeat my offer, to pay one month's fee to end the matter. Failing which I will make formal complaints to Trading Standards and The CMA. I will also report on Facebook and Twitter any further contact/ harassment from Harlands/CRS.

 

[slick132]

Hi Weasty,

 

Please just send the email for now.

 

We maintain their admin fees are penalties and therefore unlawful and unenforceable.

 

Cancelling the DD was notice in a way, but not the best way to cancel.

 

Even if you moved, you'd still have to give a month's notice.

 

Also, tell the gym your new address when you email them.

 

[weastman]

Sorry but, "we maintain" does sound like it is the clear law. This worries me a little.

Also canceling direct debit bring notice in a way doesn't sound like rock solid either.

Basically I don't want to reject their offer if it is not rock solid that I am in the right, which I don't see.

Once again thank you for your help

[slick132]

Hi Weasty,

 

If you're dictating posts, can you check that they say what you want before posting. I think your post may contain errors.

 

I can only offer opinion and what you choose to do is up to you.

 

I've been dealing with X4Less and Harlands/CRS cases here for over 7 years so I have a pretty good idea of how the gyms and their admin companies work.

 

Nothing is "clear law" or "rock solid" unless it's tested in a court high enough to set precedent or "case law". We saw this in 2011 when The OFT took AMSL to the High Court and Mr Justice Kitchin made several important decisions.

 

If you're not willing to challenge X4Less about the amount they want from you, you may be better to pay what they want and have the matter ended.

 

Have a final read through the reply I suggested, then decide what you want to do. It's your prerogative entirely.