HELP Harlands/CRS/Spratt

[Easybee]

For the attention of any members who may be able to help,

 

I was a member of the Renfrew Xercise 4 Less

- joined 2nd July 2014

- I have however, since then tried numerous times to cancel my membership (September 2015).

 

 

I initially spoke over the phone and in person to members of the staff at the gym,

where I was told with absolute authority, that I was "no longer a member".

 

 

Although, I have now been receiving various letters from November to present about the erroneous procedure

I apparently followed pertaining to the cancellation.

 

 

Harlands Group is now attempting to get money from myself as part of their apparent contractual clause in the cancellation process.

 

 

I was not made aware in any way, shape or form of the "correct" procedure in canceling,

therefore I was under the impression I had successfully canceled the membership

- which was stopping my Direct Debit.

 

Now as some months have passed since September I have been incurring charges,

of which they are compounding on a monthly basis.

 

 

I have received a letter dated (6th January 2016) stating that I have limited days

before my case is being transferred to a "Debt Recovery company".

 

 

The debt company being CRS, note that I may incur further charges which can then lead to a court action.

These charges and actions by the debt recovery company will adversely affect my credit score

and future financing ability. This is an absolutely ridiculous situation I find myself in.

 

As I have phoned and chased both Harlands and Xercise 4 Less over the past months (Nov 15 - Jan 16) I find myself in the same position, where I am receiving no help but only heightened charges. As a student I cannot be expected to pay these incredibly high figures, especially when the correct action was not made clear or mentioned by any member of staff.

 

The now frightening part is that I have received a solicitors (Spratt and Endicott) letter stating that I have "7 days to contact" or legal preceding may take place.

 

Thank you guys in anticipation,

Connor.

[slick132]

Hi Easybee and welcome to CAG

 

CRS are simply Harlands, wearing a different hat but sat at the same desk !

 

If you read other threads here, you'll see that Spratt Endicott are Harlands/CRS current pet solicitor. They have not taken the court action they so often refer to in ANY of the cases here on CAG. They are therefore nothing to be frightened about, or even remotely worried !! Ignore Spratts completely for now.

 

The admin charges piled on by Harlands/CRS are also nothing to worry about as we maintain they are unlawful and unenforceable. So we always challenge these.

 

1. When did you first tell the gym you wanted to cancel.

 

2. What did they say to you in response.

 

3. What date did you last pay the by DD and how much

 

4. Have you ever confirmed any of this by letter or email.

 

Don't speak to anyone about this by phone and keep anything you need to say in writing.

 

Please answer the 4 Q's above and we'll see what's next best to do.

 

Please also reply to the PM I've sent you.

 

Edited April 21, 2016 by slick132

[Easybee]

Hi Easybee and welcome to CAG

 

 

1. When did you first tell the gym you wanted to cancel.

 

2. What did they say to you in response.

 

3. What date did you last pay the by DD and how much

 

4. Have you ever confirmed any of this by letter or email.

 

Don't speak to anyone about this by phone and keep anything you need to say in writing.

 

1) Most probably in the month of September 2015; Plus or minus 1 month

2) Gym staff assured me on 2 occasions over the phone that i was no longer a member, but they still insited that i contact the harlands group for confirmation. However when I done this they needed confirmation from the gym - which they were not acknowledging..

3)the price per month was £9.99 and the last payment was made on either September or August 2015. I will be able to clarify the exact date later.

4) yes, parts of my initial post on here have been taken from my email to them. I can paste the email I sent if that is of any help?

Edited April 21, 2016 by slick132

[slick132]

Hi again,

Between the two of them, X4Less and Harlands are such a nightmare. :lol:

 

If you tell Harlands you want to cancel, they say they can't accept cancellations and you have to cancel via the gym. This is wrong, by the way - after the AMSL case in 2011, they should accept any notice given to them

 

In your case, you cancelled at the gym and the staff should have got you to fill in a form and processed the cancellation, leaving you to pay one final month's fee. For some reason, X4Less staff often seem to ignore cancellations. They fail to process them and don't bother notifying Harlands, leaving you being harassed by Harlands who then start piling on their admin fees.

 

If you can post up the text of your email to X4Less, it may help. Remove any identifiers first.

 

Ignore any demands from anyone at the moment, and stay OFF the phone. Keep everything in writing.

 

[Easybee]

First and foremost,

I would like to express my gratitude towards this page and also principally yourself

- slick123

- all the work you are doing pertaining to these tedious situations is very much appreciated!

 

As per my email to both xersice for less and harlands send on 06/01/16 -

 

"I am sending this e-mail as a response to the letters I have received from yourself, Harlands.

 

 

I was a member of the Renfrew Xercise 4 Less

- joined 2nd July 2014

- I have however, since then tried numerous times to cancel my membership (September 2015).

 

 

I initially spoke over the phone and in person to members of the staff at the gym,

where I was told with absolute authority, that I was "no longer a member".

 

 

Although, I have now been receiving various letters from November to present

about the erroneous procedure I apparently followed pertaining to the cancellation.

 

 

Harlands Group is now attempting to get money from myself

as part of their apparent contractual clause in the cancellation process.

 

 

I was not made aware in any way, shape or form of the "correct" procedure in cancelling,

therefore I was under the impression I had successfully canceled the membership.

 

 

“The term in the contract that’s preventing me from cancelling is an “unfair term”

under the Unfair Terms in Consumer Contracts Regulations 1999.

It should be removed from the contract, allowing me to cancel my membership.”

 

 

Now as some months have passed since September I have been incurring charges,

of which they are compounding on a monthly basis.

 

 

I have now received a letter today (6th January 2016) stating

that I have limited days before my case is being transferred to a "Debt Recovery company".

The debt company being CRS,

 

 

note that I may incur further charges which can then lead to a court action.

These charges and actions by the debt recovery company will adversely affect my credit score

and future financing ability.

 

 

This is an absolutely ridiculous situation I find myself in,

as a 3rd year university student,

who is currently facing examinations in the coming days,

I fell terribly stressed and anxious about this whole ordeal.

 

 

In addition, the situation as a whole has been damaging to my health and well-being,

also considering seeking medical attention.

 

As I have phoned and chased both Harlands and Xercise 4 Less over the past months

I find myself in the same position, where I am receiving no help but only heightened charges.

 

 

As a student I cannot be expected to pay these incredibly high figures,

especially when the correct action was not made clear or mentioned by any member of staff.

 

 

May this email serve (again) as an explicit attempt to cancel my account and membership.

I am also stating explicitly that I no longer want to be contacted via letter

or any other medium of communication about monetary demands.

 

As a goodwill gesture on my part I am willing to end this whole situation with no further action,

as a goodwill gesture on your part I expect either a complete write-off of my account or accept my aforementioned offer.

 

 

If there is no reply to this email (reply in writing) within 7 days then the offer will be canceled

and I may take further legal action, I also request not to be contacted again on this matter."

 

I would like to know if this legal entity has any ground to take court action and ultimately damage my credit score?

Again, thank you very much!

[slick132]

Hi Easybee,

 

Harlands/CRS will not report this matter to any CRA. Nor will Zinc or Spratt Endicott. This hasn't happened since the AMSL case in 2011.

 

1. Have you had any reply from X4Less to that email.

 

2. Was it sent to the Renfrew gym or to X4Less's Head Office in Leeds.

 

[Easybee]

This was the email response that I got - other than the automated ones:

 

We thank you for your recent email.

 

We can confirm you will need to contact Xercise 4 Lessin order to cancel your membership. We are unable to cancel the account until we have authoriseation from head office.

 

For all Enquiries Call Harlands : 01444 449033 () Quote Reference : 2083792 / Office hours: Monday to Friday, 9am - 5pm

 

Yours sincerely,

 

Harlands

 

2) I sent the aforementioned email to both harlands and xercise 4 less email accounts, but ultimately I was ignored.

[slick132]

Hi Easybee,

 

I would now write to X4Less saying :-

 

Dear sir or madam,

 

I wrote to you by email on 6th January but you have failed to reply.

 

I cancelled my membership at Renfrew gym in person last September and your staff confirmed I would no longer be a member.

 

They also told me I had to contact Harlands about this although I have since learned that this is completely unnecessary.

 

I am now being harassed by Harlands/CRS, the Zinc Group and Spratt Endicott solicitors for gym fees and admin fees that I do not owe.

 

Xercise4Less are responsible for this harassment and I will take action against you unless you tell Harlands/CRS to cease collection activity immediately.

 

I require your written reply with 7 days and will not deal with this matter by phone.

 

Yours faithfully,

 

Get a free Certificate of Posting from the PO counter when sending.

 

1, Kirkstall Industrial Estate,

Kirkstall Rd,

Leeds,

West Yorkshire

LS4 2AZ

 

[Easybee]

To Slick,

 

I have now received another letter from Spratt stating that I must get in contact with them in 7 days (issued 15th)

and otherwise they will be trying to issue court action including a CCJ.

 

 

Is this possible?

 

 

I am considering sending a letter and offering £9.99 for the month I should of paid.

 

Thank you in anticipation,

 

Easybee.

[dx100uk]

read the letter properly

it doesn't say WILL anywhere

 

 

dx

[slick132]

Hi Easybee,

 

Did you get any reply to the letter to X4Less sent in April.

 

See the advice just posted on another thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?454841-Xercise4Less-Harlands-Debt-Management-Plan&p=4915763&viewfull=1#post4915763

 

You could alter the letters slightly so it's not obvious you've copied them.