Harlands and Xercise4Less cancellation problem

[bnsaiboyz]

Didnt want to start another thread for this bunch of charlatans and their ridiculous cancellation fees. I recently had a letter from CRS demanding payment of some £180 for 3 months payments + charges + admin fees. When i initially called them they immediately knocked the amount down to £120. when i still refused they said that is their final offer.

I then contacted the gym itsself who said I should only have to pay a single months cancellation and should phone their Customer Membership Service Dept who quoted one months fee and an admin fee to buy the debt back from CRS

After checking online I found a template for a letter which I then sent to CRS the text of which is below.

 

I refer to my membership at Xercise4Less gym in East Kilbride. My agreement with Xercise4Less was for a rolling monthly contract. The first month's payment was taken on 19th Aug 2014 and then £14.99 was collected from my account on or about the19th of every month up to and including 21st

 

Sept 2015. This totals just over one years membership paid on time every month. Xercise4Less's Terms & Conditions clearly state that once you have completed the minimum number of direct debit payments "your membership will be extended for one month for each payment received". As no more payments were received after the 21st Sept, my membership could not therefore have been extended past Oct 2015.

 

I cancelled my direct debit mandate on 22nd Sept 2015 and this was adequate notice of my intention to cancel. I also spoke to the receptionist at the gym and told her of my intention to cancel, she took some details off me and said she would deal with the cancellation. I realise now that I should have given 30 days’ written notice to cancel my membership and so I am offering to pay one month membership of £14.99 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 £14.99 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you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

I received a further call from Matt at CRS who acknowledged they had the letter but he hadnt read it. He then offered to get in touch with the gym to confirm my 'story'

 

Since then today I received a call saying tough we want the full amount.

 

My concern in ignoring them as recommended is that my credit rating may suffer as I am 18 and have no wish to be tarred for the next few years as a bad risk.

 

Any advice would be appreciated

[Bazooka Boo]

They cannot touch your credit file, so there is nothing to worry about there.

[slick132]

Post and reply moved to avoid hijack of other thread.

 

Hi Bnsai and welcome to CAG

 

Was your m/ship a 12 month minimum initial period, or a rolling monthly agreement with no initial minimum period.

 

What was the date of your letter to CRS.

 

You should NOT speak to Harlands/CRS for any reason. If they call you, simply hang up.

 

You probably need do nothing further until you get a reply from Harlands/CRS to the letter.

 

[bnsaiboyz]

Thanks for your reply slick132

 

The m/ship was a rolling monthly contract with no minimum period

 

The letter was sent on 27th Jan 2016

 

They have called a couple of times and basically I have told them I would like a reply to my letter and as yet there has been no reply.

 

I was told by a friend who had a similar problem to send a cheque for the £14.99 to Xcercise4less HO and a letter stating this was full and final payment. They then cashed the cheque and although they got in touch again they finally agreed that by cashing the cheque this was a final settlement

[slick132]

Hi Bnsai,

 

If they call you again, just hang up !!

 

Your letter made a time-limited offer which they've chosen to ignore so I suggest you do nothing more unless and until they reply in writing.

 

If Harlands make further demands, next move will be to write to X4Less Head Office. See here for a recent good result - http://www.consumeractiongroup.co.uk/forum/showthread.php?460339-Xercise4less-cooling-off

 

[bnsaiboyz]

Thanks again slick

 

I shall wait and see if i receive any letter from them and take it from there. I will post again should I hear something