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Xercise for less/CRS/Spratt Endicott


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HI

 

 

sorry in advance for the long message but .....

 

 

I joined xercise for less in August 2014 over the phone, I set up my direct debit over the phone too at the same time for £10 per month. I was told that when I come into the gym I could activate my membership card and that an email would be sent to me with a link to class times and my T&C's.

 

 

I cant be sure but i cant find an email with any T&Cs, the only email I got was about booking classes. I was NOT told on the phone that I was entering into a 12 month contract only that it would be £10 per month. I am absolutely sure about that.

 

 

following all of that I got a new job and I was really busy and I didn't actually go to the gym, EVER !! the only contact I had with hem was when I joined over the phone. I have not even entered the building or signed anything or activated my membership.

 

 

I continued to pay my direct debit in the hope that at some point I would go to the gym. I was constantly getting calls from the gym asking me if I would like to join. when I explained that I was already a member they said it was not showing, probably because I hadn't activated it due to never going ?

 

 

On the 20th April 2015, I left my job to become self employed and as I was starting out I thought it best to cancel the membership at the gym considering it was costing me money and I had still NEVER been.

 

 

I sent a letter to the gym dated 20th April 2015 to tell them I wanted to terminate my membership and that I would cancel my direct debit at the end of May, which I did. In my eyes I thought I was doing them a favour giving a months notice as I didn't know that I had to do that, its just that when I have been to other gyms that's what I did so I just followed that.

 

 

I started getting voice messages from the gym as soon as I cancelled my direct debit and I admit I ignored them because I thought I had done what I needed to do.

 

 

I then started getting letters from CRS saying that I owed £136.48 as I had cancelled my direct debit without letting the gym know, which included admin charges. I rang them straight away ( stupid I know ) I told them the situation and he asked if I could send the letter that I had sent to the gym to cancel and he would get it sorted for me. I sent the letter to him by post.

 

 

I then get a letter saying that even though I tried to cancel my gym membership they still wanted this money as I had joined for twelve months and I had broken that contract.

 

 

as I said earlier I did not even know this was a twelve month contract so I was shocked, I called them and sent a letter saying that i did not know I was entering into a twelve month contract and that the only proof they had off me agreeing to that was the conversation on the phone. I asked him to provided me with a recording of that conversation so that we could get it cleared up. He told me that they didn't have it and that i should have known it was twelve months because it is on their website. he told me he would give me two more weeks to get some legal advice and then it would be taken further.

 

 

The last conversation I had with them was around 20th December 2015

 

 

I started to look online for advice and came across this ( absolutely fantastic) forum and i have basically being following advice on this and ignoring them. I haven't answered calls and i have had loads. I had another letter form them with the same old we will give you 14 days to sort it out.

 

 

today 09.03.16 I have received a letter from Spratt Endicott solicitors saying that i owe £136.48 and that they will give me 7 days to reply or it "MAY" result in legal proceedings. I am not sure where to go from here ????

 

 

the money has never gone up it has been £136.48 from the first time they contacted me, they have been giving me two weeks to sort it out for 9 months now !!

 

 

I was hoping for some advice on what to do next

 

 

thank you

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Thread moved to correct forum - you need do nothing, it is purely an adminsitrative move :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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It is indeed a pity that you engaged with them over the telephone. Whilst you are waiting on those who can give you accurate advice on what to do next, I would suggest you have a read round other threads that have had dealings with these people.

 

 

I would also suggest that you no longer engage in communication via the telephone.

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Uploading documents to CAG ** Instructions **

 

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3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi TTLG and welcome to CAG

 

Don't be concerned about the letter from Spratt Endicott. They are Harlands/CRS pet solicitor at the moment but we've not seen them take court action on any case here. Ignore them for now.

 

As CitB says, do not speak to anyone about this by phone. Keep all comm'ns in writing only from now on.

 

You've done yourself no favours by not cancelling sooner and letting the DD be taken month after month. It doesn't matter if you used the gym or not - this really has no bearing on the matter.

 

However, I think you can offer to pay the remaining 2 months' fees for June and July 2015 to settle the matter. Make the offer time-limited and Harlands/CRS will be too greedy to accept the offer !!

 

Dear Harlands/CRS,

 

I refer to my membership at Xercise4Less Gym in [town/city].

 

I joined in August 2014 but never used the gym at all.

 

I wrote to the gym on 20th April 2015 saying I wanted to cancel the membership and I paid the May DD before cancelling the DD mandate.

 

I now realise I should have paid for June and July 2015 to complete the initial 12 month membership. Accordingly I now offer to pay you £19.98 for the final 2 months.

 

I require that you accept the offer within 14 days, in writing, as I will not deal with Harlands/CRS by phone. After 14 days, the offer will be withdrawn.

 

If I hear from you within 14 days from the date this letter is deemed delivered to you, I will pay you promptly.

 

Yours faithfully,

 

Get a free Certificate of Posting at the PO when you send this by 1st class ordinary post.

 

Let us know if they reply, or if they haven't replied with 14 days + 2 days for delivery.

 

:-)

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Hi slick

 

 

Thanks for that I will get the letter written and posted off over the weekend shall I just send it the address on a CRS letter and ignore the Spratt Endicott one or shall I send it to both of them ??

 

 

thanks again

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Para 1 in post #4 - ignore Spratts.

 

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  • 1 month later...

Hi slick

Well it's been 2 months now and I haven't heard anything other than a text telling me to contact them. I have had nothing from them by post. Shall I just leave it for now ?

 

Thanks

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Hi TT,

 

Who was the text from.

 

You need do nothing more for now but tell us of further contacts.

 

:-)

We could do with some help from you

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