Harlands/CRS Letter

[Dammitt_Jim]

Hi there,

 

I received a letter from CRS yesterday stating that my Gym membership was in arrears despite previous letters being sent to me. They are adding £102.50 for their fees for getting involved making the balance I owe apparently £251.50!!

 

I took out the gym membership in August 2015 and around 5-6 months ago I cancelled my DD with Energise gym in York due to myself and my partner separating and me moving to the other side of the city. At the time I couldn't get anyone on the phone, though I tried three times over three days so I left a message with my details saying that I wished to cancel my membership and I then cancelled the DD and thought no more of it.

 

After receiving this letter from CRS yesterday I called my ex who had some post for me which turned out to be three letters from Harlands. I don't understand how they can suddenly find the correct address for me when I apparently owe them more money for not paying?

 

The bulk of the letter I received says the following:

 

We've been employed by Oaklands School as your membership remains in arrears despite previous letters being sent to you.

 

As a result of this, our fees totalling £ 102.50 have been added. Therefore, your account balance now stands at £ 251.50.

 

WE WANT TO REACH AN AMICABLE RESOLUTION WITH YOU!

 

In order that we can do this, please ring our non-premium rate number - 01444 449165

 

WHAT ARE THE OPTIONS?

 

1. You want to continue your membership - The club want nothing more than for you to get the full benefits of your membership. Providing you can pay your arrears and set up a new direct debit with us for your future payments, then they're happy to welcome you back in.

 

You may also be entitled to a discount if you are able to settle your account balance in one payment.

 

2. You believe you've cancelled your membership - We understand the numerous reasons why people stop going. We'll listen to your reasons and do everything we can to resolve your account in line with the terms of your membership.

 

3. You're experiencing financial difficulties - We know times can be tough and therefore have a variety of possible solutions to assist you, including monthly payment plans that you can afford and recommending independent organisations that may be able to assist you in severe circumstances.

 

We'll cease further letters for 7 days, so please call us on 01444 449165 before then.

 

CRS

 

I called the gym and they said it's nothing to do with them and that I should speak with Harlands. I tried calling them yesterday but they were closed. Any ideas as to what I can do about this?

 

Thank you.

 

Jim

[slick132]

Hi DJ and welcome to CAG

 

1. Can you say roughly how far your new address is from the gym.

 

2. When you say you left a phone msg, was that with the gym or Harlands.

 

Stay OFF the phone from now on. You have no need to speak to the gym or Harlands and doing so will NOT resolve this issue.

 

Don't worry about the admin fees added by Harlands/CRS as they should always be challenged and are not enforceable.

 

Read other threads here to see how others deal with their Harlands/CRS harassment.

 

[Dammitt_Jim]

Hi Slick,

 

Thanks for coming back to me. To answer your questions;

 

1. Google maps says I'm about 5 miles away from the Gym. Or 8.5 miles if I go a long way around.

 

2. I called the Gym and left a phone message with them. I've never spoken to Harlands I didn't even know they were a separate entity until yesterday.

 

No worries .. I did try calling CRS as soon as I got the letter but no-one answered so I left a message and no-one has replied. I'll stay off the phone now though.

 

I found a template to use in response to these sorts of letters and have drafted a letter of my own to send to them. I'll include it here (minus personal details) if someone could advise if it's ok or not?

CCA Request Letter - Harlands - no details.pdf

[dx100uk]

well you didn't get that template from here?

 

 

gym contracts are not gov'rd by the CCA

and there is certainly no deed of assignment

and even if there were

you'd never get to see it

its confidential businessbusiness.

[slick132]

Hi DJ,

 

That letter is no good for 2 reasons :-

 

1. Harlands will take no notice of anything you write - they'll simply keep telling you to pay them increasing amounts as they add on admin fees.

 

2. There's no credit agreement involved so making a request citing CCA 1974 is inappropriate and Harlands will throw that back in your face.

 

Don't rush to write a letter to them - wait until we know all we need, so we can offer you the best advice.

 

Harlands gym agreements say you could cancel if you moved 15 miles from the gym so the 5 miles you mention doesn't look good for you. Do you drive or would you have to use buses or cycle to the gym ?

 

In understand that this would not have been a priority at a time when you were separating from your partner. But that doesn't alter the fact that you cancelled about 6 months before you were supposed to without a valid reason.

 

Let us know about your mode of transport.

 

[Dammitt_Jim]

Thanks for the replies and the advice. I won't bother with my current draft letter then.

 

I do drive and I was driving to the gym during the time I was using it. I guess it's not looking very good for me. If I messed up I'm happy to pay them what I owe but I won't be paying any additional "fees" as I never even received the first three letters.

[slick132]

Hi DJ,

 

I agree with what you say and I think you have 2 options to choose from :-

 

1. Stick to your guns and tell Harlands you rang the gym and they failed to answer your call or reply to your message, so all you owe is a month's fee for the notice you should have given when cancelling. They'll probably reject this offer and then we'd advise you to ignore demands after 14 days.

 

OR

 

2. Offer to pay for the months you missed as you had no grounds for you cancelling like you did. You owe a total of 12 months' fees less the amount you paid before the DD mandate was cancelled. There's a chance they'll accept your offer but Harlands are usually too greedy to accept sensible offers - they want to have their cake and eat it.

 

What's your preference.

 

Edited August 3, 2016 by slick132
typo

[Dammitt_Jim]

Well I thought I'd cancelled it correctly and I haven't been using the gym in that time

so I do sort of feel like I shouldn't have to pay for anything else,

though I know that's morally the wrong course.

 

 

At the same time I doubt Harlands would let their collective conscience get in the way of taking my money

and more if they had the chance.

 

I'll probably start with option 1.

I can't see anywhere in the terms and conditions I have that cancelling early incurs costs.

It just says that I should cancel my direct debit and let them (Harlands) know.

 

I am open to suggestion though if you think I'm better off going with option 2?

[dx100uk]

I know that's morally the wrong course

 

 

nothing moral about it at all.

 

 

they are simply trying to fleece you.

[Dammitt_Jim]

dx100uk - Fair enough. With that in mind I should probably try and get out of paying them whatever I can.

 

Cheers.

[Dammitt_Jim]

Hi there,

 

So with what you guys have said in mind, I've written the attached letter.

 

I'm sorry to keep asking if it's ok for you to have a look at it and advise if it's ok or not

 

. I just don't know much about this sort of thing and want to make sure I'm fighting it correctly.

 

If you could let me know if the letter is OK to send or if I should change anything, I'd appreciate it.

 

Thanks.

Letter to Harlands 1 - no details.pdf

[slick132]

Hi DJ,

 

It's not your fault that the gym chose not to answer your phone calls and, given you changing circumstances back then, you would not have wanted to waste further time on the gym.

 

I suggest a few changes so you don't waste unnecessary words on Harlands but you do mention their admin fees :-

 

Dear Sir/Madam,

 

Account Ref: XXXXXXX

 

I called Energise gym/Oaklands School several times to cancel my gym membership in March 2016. However each time I called no one would answer. I finally left a message on their voicemail with

my details and an instruction to cancel my membership as I was no longer going to be able to use it due to separation from my partner and moving to the other side of CITY.

 

No one from the gym called me back to say what I had done was incorrect so I cancelled my Direct Debit.

 

I now realise I should have given 1 month's notice when cancelling so I now offer to pay you £33.00 in settlement of all that I owe. I will not pay any admin fees added by Harlands/CRS.

 

I require your written acceptance and details of how to pay [by cheque/by online banking]. I will not pay by phone.

 

This offer is only valid for 14 days after which it will be withdrawn and you will receive nothing from me.

 

From 5th August 2016 I will be changing address to:

 

NEW ADDRESS HERE

 

Any letter to you send to reach me after 5th August must be sent to my new address.

 

Yours faithfully,

 

Send to Harlands by post and get a free Certificate of Posting from the PO when you send it.

 

[Dammitt_Jim]

Thanks Slick,

 

I've sent off the letter and got a certificate of posting from the post office. I'll let you know if/when I receive a response from them.

[Dammitt_Jim]

two days after I received a letter from Harlands dated 20/07/2016

- In which they say they will cease contact for 7 days

(They obviously count the days the mail is in transit as it took 5 days to reach me) -

 

 

I have received my first text message from them asking me to call them.

 

 

I assume I just ignore this and wait for them to reply to my letter sent earlier today?

[dx100uk]

yes ignore and block them

[Dammitt_Jim]

Hi there,

 

I sent my letter to Harlands 19 days ago saying they had 14 days to contact me at my new address which they have not done.

 

 

I want to believe that this is over and done with now but after reading the other threads it does feel like a Harlands letter or text message will worm its way to me when I least expect it.

 

Thanks to you guys for your help so far and the (almost) 3 weeks of peace I've had. I will let you know if this situation changes.

 

Jim.

[slick132]

Hi Dammit,

 

I'd be very surprised if you'd heard the last from Harlands/CRS.

 

You can always hope but keep us posted ..........