Harlands and simply gym - again!

[kylie_smiley]

Sorry, I can see there are many threads about this and I have searched but can't find any advice specific to my issue. I joined simply gym online in a period before a gym was actually open (joined at the end of November and gym due to open at the end of February) I decided it wasn't for me after all and simply cancelled my direct debit (I know, I know...!) I received an email on joining saying that my first direct debit would be taken on 26th February.

 

On the 14 dec I received a letter stating they had not been able to collect my direct debit (true, I'd cancelled it) and that I needed to pay it. I did ponder why they had tried to take my direct debit in December when a) the gym wasn't open and b) they'd said no direct debit was due until 26th February. There was no joining fee as I recall, as it was a pre opening offer but I think I was out of the 7 day cooling off period - can't find the information about that at the moment.

 

With the magic (!) of Christmas I completely forgot about the letter and did nothing

 

In fairly certain I don't have to pay the admin charges (now up to £50) but I'm not even sure I need to pay the 12.99. Should I make telephone contact or send a recorded letter? Any advice, please?

 

It was a month by month contract.

[AndyOrch]

Hi kylie_smiley and Welcome to CAG

 

I have sent out an SOS to the more knowledgeable in advising on the above.Please await a response.

 

Regards

Andy

[slick132]

Hi Kylie and welcome to CAG

 

Were you given T&C's at any time like when you signed up, or when you got the email saying the first DD was due at the end of Feb.

 

Was the email on 14th December from Harlands or the gym.

 

Please make no contact with the gym or Harlands until you reply to us.

 

I doubt you owe the gym or Harlands a penny, particularly if Harlands tried to take a payment too early.

 

[kylie_smiley]

Hi, slick. I don't have a copy of the terms and conditions - none were emailed to me and I can't recall whether they were offered for me to read at sign up or not.

 

I signed up on 29th November and received an email confirming my direct debit details and then received a letter from Harlands dated 14th December saying they hadn't been able to take my direct debit and I should get in touch with them. Which I scoffed at, as I knew my first direct debit shouldn't have been going out until 26th February. .

 

I've filed that letter somewhere very safe (currently hunting it out) but have the letters that followed on (one of which arrived today) and that I subsequently ignored!

 

I haven't spoken to them at all as of yet.

Edited April 4, 2016 by slick132
Paragraphs spacing = easier to read

[slick132]

Hi Kylie,

 

I haven't spoken to them at all as of yet.

 

Good, and make sure you don't speak to Harlands/CRS or the gym at all !!

 

If the last you heard from Harlands was back in Dec'r 2015, it may be that they've accepted you cancelled and/or they demanded when they should not have. But we're very used to seeing Harlands/CRS being doggedly relentless.

 

Do nothing more for now and just let us know if Harlands/CRS come at you with further demands.

 

You'll have already learned from other threads - the admin fees they add should never be paid and should always be chalenged and/or ignored.

 

[kylie_smiley]

I have had a letter dated 14th December, a letter rec'd 4 March and a letter rec'd today.

 

Should I still ignore? They're now mentioning debt collection (however, I have read they can't enforce this) I suppose I just want to know whether I should now reply with a formal letter?

[kylie_smiley]

I now (apparently) owe them £62.99.

[slick132]

Never mind what they say you owe - it's rubbish !!

 

I didn't know about the 2 letters.

 

1. What was said in each letter. Just the main points, not the full letter.

 

2. Who was each letter from.

 

[kylie_smiley]

No. I read back and realised I hadn't made that very clear - my apologies.

 

All letters are from Harlands

 

1. Dated 14 dec 2015 -tells me my bank has informed them my direct debit has been cancelled which means they couldn't collect my 'last' instalment due 26 Feb 2016

 

2. Dated 29th Feb (but not received until 4th March) a letter saying I had not contacted them and informing me of an admin charge. Also informing me that if I wanted to settle by post it shoutout get there no later than 7 th match which would have been tricky as I didn't pick up the letter until I got home at 5:30 that Friday night.

 

3. Dated 31st match and received today. Another letter adding an admin charge and stating they will have no option but to take further steps to collect the balance of £62.99. Asking me to call them, which I tried to do but couldn't get through. Says I need to contact them by 14th April or my balance will be passed to a debt recovery company

[slick132]

Hi Kylie,

 

That makes much more sense now.

 

The first email saying the DD was cancelled referred to the future collection date correctly but described the instalment incorrectly.

 

The 2nd and 3rd emails are standard guff from Harlands/CRS.

 

I see you tried to call Harlands, albeit unsuccessfully. Never call them again as you've no need to do so and no good ever comes from talking to them.

 

Letter to Harlands :-

 

Dear Harlands,

 

Simply Gym Pre-opening Offer

 

I refer to your letters/demands of 14th December 2015, 29th Feb and 31st March 2016.

 

I signed up to Simply Gym in November 2016 on a pre-opening offer but cancelled the DD mandate shortly after, having reconsidered.

 

I owe the gym and/or Harlands nothing as I never used the gym which opened in February 2016.

 

I will pay no gym fees or your admin fees.

 

Yours faithfully,

 

Send to Harlands by normal post but get a free Certificate of Posting at the PO Counter.

 

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

 

[kylie_smiley]

Thanks so much. Will get that sorted tomorrow.

[kylie_smiley]

Sorry to take so long to come back to this but just wanted to say that I think it worked!! Haven't heard from them for some time now. So thank you very much for all your advice

[slick132]

Hi Kylie and thanks for the update.

 

We've seen cases where they come back to haunt folk more than 2 months after their last contact.

 

However, I think your case may be more clear-cut and they've realised from the letter that haven't got a hope in hell of you paying.

 

Let us know though .................

 

[kylie_smiley]

*sob* they are back with a letter threatening legal action.

[slick132]

Hi Kylie,

 

Enough of the Sobs already - just contine to ignore for now !!

 

[kylie_smiley]

I'm still ignoring but have had a text now asking me to call them. I obviously won't, but all this talk of CCJs is a bit intimidating. I'm already in a DMP with step change so I don't want any more hassle

[slick132]

Hi KS,

 

Talk of CCJ's is supposed to intimidate you but, because you're a CAGger, you should know far better than to be intimidated by these pathetic demands/requests.

 

There will be no CCJ but do you know who called you ?

 

[kylie_smiley]

Hi slick. Nobody called me, it was a text. I've saved it for future reference.

[slick132]

Ok, so the text was from whom ??

 

[kylie_smiley]

CRS. Sorry - I thought I'd written that!

[slick132]

Thanks KS,

 

Ignore CRS for now.

 

See the post here and the ones that follow as they are encouraging - http://www.consumeractiongroup.co.uk/forum/showthread.php?441948-Xercise-4-less-CRS-soon-Zinc&p=4926719&viewfull=1#post4926719

 

[kylie_smiley]

Thanks, slick. I've just this minute had a phonecall with a voicemail. Left a message using a recorded voice.

[slick132]

Noted but ignore for now.

 

[kylie_smiley]

Another text from CRS - keep ignoring or is it time to send a letter asking them to stop?

[AndyOrch]

Writing letters only makes it worse...ignore.,,they will soon give up

 

Andy