It's CRS/Harlands/Xercise4 Less again - am I in the wrong?

[mturner07]

Good evening all

 

Thank you in advance for anyone that takes the time to read my post and can offer any advice.

 

Firstly, I'm a bit angry for myself for getting into this kind of situation, I am normally pretty switched on and have never had a issue with any agreements I've made!

 

I have read with interest a number of the previous threads regarding Credit Resolution Services (CRS) and Xercise for Less, but I feel my situation is slightly different and therefore seek some direct advice.

 

My issue is with regards to cancelling my gym membership with X4L, though I fear I may have made some critical errors which may leave me liable to pay the fees requested. Here are the details:

 

I have been a member with X4L since December 2012, paying £9.99 a month via DD with payments made on the 5th of the month. I have not missed a single payment up to my final payment on 5 Nov 2015.

 

Shortly after my last payment on 5 Nov 2015 (exact date unknown) I sent a letter directly to the gym branch I visited informing them I am cancelling my membership and I cancelled my DD directly with the bank at the same time.

 

Unfortunately I didn't send the letter recorded or have proof of receipt or postage. And I now also realise they required 30 days notice and should only have cancelled my DD after the next payment was taken in Dec 2015. (2 critical errors?)

 

I went on with life, and heard nothing, but of course was making no payments as I had cancelled the DD and I presumed the matter had been dealth with.

 

Then I recieved a letter this weekend (dated 17 March 2016) from CRS. It is the same letter many other members have posted basically saying CRS have been employed by X4L as my membership remains in arrears despite previous letters sent to me. As a result CRS fees of £102.50 have been added to the account which now has a balance of £207.47.

 

The balance is made up of:

CRS fee: £102.50

X4L Outstanding membership fees: £29.97 (£9.99x3)

X4L missed payment fee: £75 (£25x3)

 

So they are saying I have missed payments for Dec, Jan and Feb - Though they haven't said anything about March despite my DD date of the 5th of the month.

 

I have not received any previous letters from X4L or Harlands or CRS - This is the first contact I have had. On phoning the gym to enquire about my membership status, they have said there is nothing on my account about any cancellation and they have received no letter informing them to cancel it.

 

To add a further twist, I changed address about 2 years ago, and X4L did not have my current address, and therefore it would seem that any previous letters from Harlands have gone to my old address. (Not updating my address with X4L could be another critical error?) However, CRS have managed to look me up and find my current address, hence the letter sent to me this weekend.

 

I contacted CRS today to make sure the letter was valid, and in a roundabout fashion they basically said it is my own fault because the membership was never cancelled and I have no proof of sending a cancellation letter. They also said it was my own fault because I had not updated my address with the gym when I moved and so I was liable for all the fees on the account. Then they said they were willing to accept £112.49 to close the account (instead of the £207.47 requested) and they would hold the account for 14 days because I stated I would be seeking advice first.

 

Any advice would be greatly appreciated, but specifically I would like to know:

 

Is cancelling my DD with the bank sufficient notice to Harlands to cancel my membership? Even if the T&C's for X4L state they must be given 30 days notice direct?

 

Does not updating my address, and not having any proof of sending a letter mean I am in the wrong and should pay the reduced fee?

 

I was almost inclined to pay the reduced fee to get the matter out of the way, but I suppose that's what they hope for every time! I am willing to pay the three months of membership fees of £29.97 provided my account is closed with immediate effect (though I haven't mentioned this)

 

I have read some of the template letters that have been outlined by other users, but I'm not sure I'm in a place to use them considering all the details above.

 

Many thanks in advance

Martin

[martin2006]

Slick132 is the man to help you here

 

in the meantime, welcome to CAG, have a look through some of the other similar threads, yours doesnt seem so disimilar

[slick132]

Hi MT,

 

Do Harlands/CRS now have your present address ?

 

If so, you do not need to contact them further for now. Don't call Harlands/CRS for any reason and, if they call you, tell them "In writing only" and hang up !!

 

Do you still have a copy of the letter you sent to the gym saying you were cancelling ?

 

Send a letter to the gym's Head Office in Leeds :-

 

Dear sir or madam,

 

I cancelled my DD mandate after the payment was made in early November 2015. I wrote to the gym at the time confirming my wish to cancel but I assume they have failed to process the cancellation properly. Unfortunately, this seems to be a common problem with your gym branches.

 

In any event, I now realise I should have paid a final month's fee for the notice period and I am willing to pay this but I will not pay the penalty fees that Harlands are demanding on top.

 

Please let me know how I can pay you the final month's fee to end this matter.

 

Please also ensure that Harlands stop contacting me immediately. I will not pay the penalties they demand.

 

Send this by letter and get a free Certificate of Posting from the PO, as proof.

 

If the gym fails to sort this and let Harlands make further demands, you can go public using the gyms' Facebook and Twitter facilities.

 

[mturner07]

Thank you for your reply slick.

 

I've never had any contact from Harland's because they sent previous letters to my old address, I've never spoken to them.

 

CRS somehow acquired my current address without any contact from me.

 

I don't have a copy of the letter I sent to cancel my membership unfortunately.

 

Should cancelling my DD be sufficient as notice to cancel my membership if they are saying they've never received a letter?

 

Should I include anything in the letter about making sure my membership is properly cancelled now?

 

Thanks

[slick132]

Hi MT,

 

CRS somehow acquired my current address without any contact from me.

 

If CRS "found" you, no doubt they'll charge you a "tracing fee" for doing so. Luckily we always suggest you challenge this and don't pay it, just like all the other admin fees they try to charge.

 

Shame you don't have the copy letter but not the end of the world. They very often say they never received cancellation letters but that does not mean you didn't send one to them.

 

Cancelling the DD mandate was adequate notice of intent to cancel but you should have paid a further final fee.

 

Just send the letter as it's drafted to X4Lees's HO in Leeds. Get and keep the proof of posting and keep a copy of the letter too.