Xercise 4 less Harlands letter missed payment

[Emz87]

Hiya,

 

I would really appreciate some advice on my specific situation.

 

I have been a member of x4less since may 2015 and have paid my membership by direct debit with no problems until my latest payment (may 2016)

I didn't leave enough money in my bank account and the direct debit bounced. My bad .

 

Yesterday I received a letter from Harlands saying they are going to take £9.99 (instalment amount) and £25.00 (admin fee) on 2nd June.

 

I have been reading through the forums and know that these admin fees are not enforceable.

What is the best way to go now?

I am thinking cancel the direct debit asap.

 

I also now want to cancel my membership.

Any advice on the best way to go about this would be appreciated.

 

Thank you

Emz87 :)

[dx100uk]

cancel the DD

cancel the membership

then pay them the missing month

and one extra to cover your 30days notice

so 2*£9.99

[Emz87]

Thank you dx100uk

[slick132]

Hi Emz and welcome to CAG

 

I agree ! Cancel the DD mandate or Harlands will use it to take the missed fee plus their unlawful penalty fees.

 

Offer to pay Harlands the missed DD pay't and a final fee for a month's notice, but confirm you will NOT pay any of their admin fees. You could say :-

 

Dear sir or madam,

 

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

 

My DD payment due in May failed and I am willing to pay this now.

 

I will also pay you a month's notice. I want to cancel due to you trying to charge unlawful penalty fees.

 

If you accept my offer to pay 2 month's fees and supply the bank account details, I will pay you promptly.

 

If you demand any more or fail to accept my offer my offer within 14 days, my offer will be withdrawn.

 

I look forward to your reply.

 

Yours faithfully,

 

Keep us posted.

 

;-)

[Emz87]

Hi Slick

 

Thank you that's great. I cancelled the DD yesterday. I will now send letter ASAP.

 

Emz

[Emz87]

Hello again,

 

I sent the letter to Harlands. I also have received two further letters from them.

 

The first one I am assuming they sent out before receiving my letter, its says I have now incurred a further £25.00 admin fee .

 

The second letter is a response to my letter, this one says I can only cancel my agreement directly X4less and that they strongly advise I get that in writing to them for my own records. It also says all my payments must be up to date.

 

What is the best next step for me to take now with them?

 

Thank you

[slick132]

Hi Emz,

 

I'd reply saying :-

 

Dear Harlands,

 

I refer to your letter of xxdate in which you failed to acknowledge or accept my offer to pay. As stated in my last letter to you, my offer is now withdrawn and I reserve the right to ignore further demands from Harlands/CRS or other parties instructed by you.

 

I trust you will contact Xercise4Less and confirm that the gym agreement is ended due to Harlands trying to charge me unlawful admin fees.

 

Yours faithfully,

 

[Emz87]

Hi Slick

 

Thank you so much for your help so far.

 

Since my last post I did as you said above and sent another letter.

 

I received another letter dated 17th June from Harlands

saying again that they do not have the permission to cancel my account

and I need to contact my club.

 

 

It was pretty long winded but that was the basis of the letter just repeating everything they have said before.

I ignored it.

 

Another letter arrived dated 22nd June saying they were disappointed that I had not responded to there previous correspondence and that they have now added another £25 fee on bringing the total to £94.98.

If I do not call them by 2 July then my "debt" will be passed on to a debt recovery company and may result in court action.

 

Should I continue to ignore?

 

Thank you

[dx100uk]

yes

DCA's are powerless

they are NOT BAILIFFS

[slick132]

Lol @ Harlands "will pass the debt on to a debt recovery company."

 

No they won't !! They'll change the paper in their typewriter and write to you using CRS letter-headed paper. :lol:

 

Ignore completely for now.

 

[Emz87]

hiya,

 

I have received another letter today from CRS,

saying they would still like to reach an amicable resolution with me

if I fail to respond to this letter they will have no option but to commence further legal action to recover the monies owed.

 

They believe I am in breach of a legally binding contract

and they MAY pursue a claim under this contract through the courts.

 

Do I ignore or write to them to confirm I do not believe I owe this money to show them I am willing to fight

and will not be bullied into paying this ridiculous amount (£171.47).

 

Any advice would be really appreciated.

thank you

[dx100uk]

they are getting boring now

ignore them

[slick132]

Hi Emz,

 

If Harlands/CRS thought they had grounds to make their demands, they'd have taken more serious action.

 

But that's NOT how they work - they are just chancing their luck.

 

Do not respond to this letter at all !! Ignore and keep us posted.