Xercise 4 less/harlands admin fees added due to insufficient funds

[Andy.23]

I will try to make this short but thorough.

I have had a look at other threads for a week or so now, and have had it with dealing with harlands

 

I was/am a member of xercise4less in newcastle under lyme.

I had a 12 month contract at 9.99 month which switched over to a one month rolling basis at the end of the 12 months, still priced at 9.99. the direct debit comes out on the 7

 

I had been meaning to cancel for a while as I did not go regularly.

I have left the area and uni since so i decided to finally cancel.

 

 

I wanted to give the 30 day notice such that my last payment would be 7/8/2016 and i would not have to pay september fees.

 

 

i decided to phone up to cancel as i couldnt find my w number.

I got the number and filled out the form on 8/8/2016 (an ample 30 days notice till the 7/9/2016).

I tried to get a clarification of this so sent an email to my gym centre.

 

 

I also called the gym and was told that xercise4less head office would be able to answer that query of whether the 30 day notice i provided mean that my last payment would be in august and not september.

 

 

Head office were very rude on that day.

I had 3 different staff members put the phone down abruptly before answering all of my queries.

All in all i was told that "systems were down" and that someone would call me back.

I had wanted to also discuss the likelihood of that final august payment not coming out as i was low on funds and sorting an alternative date for the payment.

 

 

I was set to travel up and down the country (rural areas without signal whilst doing my geography research)

so I left ample time to call xercise4less and head office to sort out the cancellation,

and get back to me with a response.

NO ONE ever did call me back.

 

Subsequently the payment that came out on 8/8/2016 bounced back as i had insufficient funds in my account.

I called harlands in due time to ask whether i would be charged their £25 admin fee and explained the above calls to them.

 

 

They said No and that a charge of 34.99 was due to come out of my account on 18/8/16.

There was no disputing this (I hadnt called my bank at this point and so they thought the bank is at fault for "BLOCKING" the payment,

 

 

i called the bank and let harlands know this wasnt the case..

.seems they have kept the "blocked" payment rhetoric on their notes with no change).

 

 

I was told the only way that the admin fee could be refunded is by having the gym email them.

I called the gym and the lady emily said she would call harlands

(no matter how many times i told her to just email them for me ..

.. saying he's had problems freezing his account in past and hasnt used the facilities

he's payed 9.99 each month for for about 3/4 months, and he did try call our team to let us know about the potential of his last payment not coming out but no one got back to him to advise him properly ...

..all true things.

. and ask if as a gesture of good will such an admin fee could be refunded).

 

 

Harlands then proceeded to feed her the lines that

"there is nothing they can do, as the bank "BLOCKED" my payments" the "we're right, he's always wrong BS".

 

The operator of harlands i spoke to at that time said that the payment of 34.99 would include my last months august payment...

.after several checks to confirm that september payment would not come out and august would be last..

he said yes that the last payment will be 34.99 on the 18th.

 

 

I told emily (of gym) to email harlands anyway which she said she would do.

 

I have since seen that 34.99 come out on 18/8/16, and have spoken to my bank who say they can recall it, but that i should mull over it a few days.

 

 

I have in that time cancelled my direct debit.

I have also in that time contacted harlands who are refusing to do anything, whilst also hearing on the phone today that .

..my last scheduled payment is scheduled for september as they received my notice from xercise4less head office on 12/8/16 (i submitted online on 8/8/16 have an email of proof and email also saying that the 30 day notice starts from the day i complete the online form....MY NOTICE not the notice after pandering around a bit in head office).

 

 

The same woman also insisted that nothing could be done about this date shambles, or the £25 and that i should get the gym to get in contact with them.

 

 

It always seems like a back and forth between these guys.

She also told me that harlands had not received any email from the gym

(Strange as EMILY of the gym adamantly said she would send one despite her reservations)

 

As mentioned i have cancelled my DD, and so worry that more admin charges will be added when that september payment doesnt come out.

 

 

I also dont know what avenue i should go down for the £25 admin charge return..

this seems more unlikely with the only option being getting my bank to call the full amount back

(**note i am prepared to pay the final 9.99 for the month of august and for the 30 day notice..

. but even this seems too kind with the handling by the club whom i have never had a problem with till now

 

 

I feel i should get the bank to call this payment back and have moved address so they are not likely to get through to me with any letters of bullying by harlands or CRS.

 

 

I have also had problems with harlands on a previous gym membership when i tired to cancel.

This was a few years back where they had an 0845 number to call.

Even though i use to call for hours on ends in the staff room at work, no one ever picked up.

I couldnt cancel before going to uni and eventually i payed around 100 pounds before cancelling my DD.

So i have given these people more than enough money to fuel their bullying activities.

 

Sorry for the lengthy post but I have tried to cover everything...

. any advice on what i should do by slick or any of the team will be greatly appreciated...

cheers folks

[dx100uk]

cancel the DD

reclaim the payment.

 

 

WRITE offering them 1 months payment of £9.99

for the month of the 30 cancellation only.

 

 

you'll see the type of letter here flying around.

 

 

include the line about the penalty fees being unlawful etc

[slick132]

Hi Andy and welcome to CAG

 

DX is bang on with his advice. You didn't want Harlands to take their £25 admin fee on top of the final August fee of £9.99 so you must contact your bank and get it refunded.

 

Tell the bank you are fully entitled to do this under the Direct Debit Guarantee Scheme and it is NOT for the bank to decide if you're entitled to get the refund or not.

 

Once you have the refund, write to Harlands telling them :-

 

1. The £34.99 has been reclaimed via the bank under the DDGS.

 

2. You will only pay Harlands £9.99 for the final fee to end the matter.

 

3. You'll only pay this when Harlands confirm in writing that they'll accept this to end the matter.

 

4. If they fail to agree to your offer within 14 days, you'll pay them nothing and the offer will be withdrawn.

 

Post a draft letter to Harlands here for approval first.

 

Get the DDGS refund or let us know if the bank still refuse to refund.

 

Do NOT speak to Harlands/CRS or the gym for any reason. Speaking to them will get you nowhere and they can't compel you to talk to them.

 

[Andy.23]

Dear Slick and team,

 

First of all thanks for your help on this matter.

 

I have posted a draft letter to harlands below

.........................................................................

 

Dear Sir/Madame

 

 

I was a member of xercise4less, Newcastle Under Lyme. I had signed for a 12-month minimum contract with payments coming out on the 7th/8th of every month. My minimum contract period finished and I was placed on a one month rolling contract.

 

I filled out a cancellation form on the xercise4less website on 8/8/2016 providing a 30 day notice such that the payment of 9.99 on 8/8/16 would be my last. This was the day of MY NOTICE and it has been confirmed to me by email that the 30-day notice starts from the day the cancellation form has been submitted.

 

As mentioned to your colleagues on the 8/8/16 I tried to inform the xercise4less head office of the potential of there being insufficient funds in my account and that I was trying to solve the issue days in advance of travelling up and down the country in rural areas. I was told by head office that the systems were down and that I would receive a call in the next few days. No such call came.

 

You then charged me £34.99 on 18/08/16. £9.99 for a month’s payment and £25 admin charge. Such admin charges are unlawful and unenforceable. This payment of £34.99 has been reclaimed via my bank under the DDGS.

 

I am willing to pay £9.99 as a final fee for the remaining months payment as an end to the matter. I will only pay this when Harlands confirm to me in writing by letter that they’ll accept this offer. If you fail to accept this offer within 14 days, I will pay nothing and the offer will be withdrawn. I WILL ONLY ACCEPT CORRESPONDENCE IN WRITING. Please note my change of address; my current address has been stated above in this letter.

..................................................

 

just a few questions

 

1.- should i add any more information like colleagues at harlands now telling me my cancellation notice was received on the 12th by harlands and not the 8th (as per my notice by filling out the online form) or is this unnecessary chatter that they will not take notice off

2.- have i got the unlawful penalties line AND am i right in stating ill only accept correspondence in writing

3.- should i write anything about CRS

 

4.also i am right in that my 30 day notice starts from the day i submitted my cancellation form.

it shouldnt matter about their processing time. I submitted on 8/8/16 such that it is bang on 30 days for the 7/9/16 (the payment date i dont expect to come out but they are insisting now does contradicting what i was told on the phone)

 

5.Should i be worried that they will bombard me with threats, as they now have my new current address.

 

 

I am a student who has just finished uni so you can understand my concern.

 

 

I guess my question is am i absolutely in the right.

 

 

I can just see them turning things on me at every opportunity..

 

 

Thanks folks,

 

Andy

[dx100uk]

1.no 2.yes 3.no same people diff desk 4.yes 5.no

go read other threads you'll soon get the idea...

 

 

dx

[slick132]

Hi Andy,

 

Your letter is fine so send it off by post and get a free Cert of Posting at the PO counter as proof.

 

Don't over-think this matter. You're dealing with Harlands and most of what you tell them will be ignored - hence the tactic you'll employ soon which is to ignore their demands and threats.

 

All you need to do is make sure Harlands have your current address so you always know what they're up to.

 

[Andy.23]

Dear Slick

 

Thanks. I'll look to have the letter sent off by monday and i have recalled the payment from my bank today. Will keep you posted if i hear back from them. If they dont accept the offer within 14 days (highly unlikely by most accounts) i shall just ignore them.

 

Andy

[slick132]

Hi Andy,

 

Let us know when the bank has refunded the DD.

 

[Andy.23]

Hi Folks

 

I have received the DD back. I am posting my letter today as well.

 

Thanks for your help. I will keep you posted if i hear back from them.

 

Once again cheers

 

Andy

[slick132]

Fine, and let us know when they reply to your letter, or if they send other demands in the meantime.