Xercise4Less and Harlands

[Fablewynd]

Hey there,

 

I know that Xercise4Less and Harlands are notorious amongst these forums after reading through various threads surrounding them and their ridiculous cancellation process. I just signed up and posted this to get a bit of advice on my own situation, if that is okay.

 

I have been a member of Xercise4Less for quite a number of years, now. It's probably verging on 4 or 5 years, and when I signed up it was all done via paper and pen, not online. I was not aware of all these extra charges which would be visited upon me if I were to cancel, and not aware of the cancellation process. I didn't even know I had an online account to cancel with, as I never did anything online.

 

I decided to cancel, not because I was dissatisfied with their service, but simply because I am moving from Wakefield to London, and there's no Xercise4Less gyms near my new location and thus a membership would be pointless for me. My family are still members, and I have been happy with their gym up until this point with all the rigmeral. I cancelled my Direcf Debit in order to get rid of the payments, and I thought that would be that. As I said, I've been a member for 4/5 years, so I didn't even think I was in a contract anymore because it's just been rolling on and on since my initial 12 months.

 

Obviously, because I cancelled the DD Harlands have started sending me letters about admin fees and extra payments. I rang them and told them I was happy to pay a final £9.99 for the final month, but there was no way I was going to pay the admin fees. They advised that it all needs to be paid and that they need to have a DD set up for me to cancel my contract.

 

Where do I stand with this? Do I need to contact X4L, or Harlands again? Should I ring X4L and see what they can do? I basically just want to cancel a four year membership because I won't be feasibly using it anymore. Does it really have to be so difficult?

 

Kind regards,

 

Lucius

[Bazooka Boo]

Ignore their puerile demands for money, as they well know their penalty, sorry, admin fees, are unlawful and no-one ever pays them, well when they come here and are told to ignore them.

 

As for ringing them, that's as much use as indicators on a submarine!

 

Get onto social media and embarass them (X4L) on there, warn off any future 'customers' just how X4L treats them.

 

Slick will tell you what to write them, in short, stay off the phone, keep everything in writing, and embarass them on social media!

[Fablewynd]

Yeah, I've seen from the other threads that Harlands are a load of hot air, but regarding my situation I was wondering if, because I just cancelled the Direct Debit instead of writing to cancel my membership, or cancelling online, that I would be in a worse position. I don't mind paying a final £9.99 if necessary, but I don't think I should have to pay more. Should I write to X4L saying I'm cancelling (since I never did it, I just cancelled the DD) or should I just leave it as it is?

[Fablewynd]

Also, I have done some searching and found this in their T&Cs which worries me, slightly:

 

"If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us (Harlands Services) on demand an administration fee of £25 (which we (Harlands Services) require to cover our costs of seeking to pursue such payment from you)."

[slick132]

Hi FW and welcome to CAG

 

For future reference, see the guide here about cancelling properly - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp

 

Do NOT call Harlands/CRS or the gym for any reason, EVER !!

 

There are plenty of threads here with a letter you can use and adapt to offer a final month's fee that you failed to pay when you cancelled. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?476155-Help-with-harlands!&p=5012255&viewfull=1#post5012255

 

Read the whole post including advice about proof of posting.

 

You simply offer to pay them the 1 month's fee you should have paid before cancelling the DD mandate. When they fail to accept (because they're too stupid and/or greedy) within the 14 days specified, you cease contact and ignore them.

 

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

 

[Fablewynd]

Good morning Slick,

 

Thank you for your response.

 

I've been reading various threads and responses from you, and I really appreciate all the feedback you've given.

 

So even though it says in those T&Cs that they can add on admin fees, they won't be able to demand them from me?

 

Just out of curiosity, why should I NEVER contact either Harlands or the gym?

[Bazooka Boo]

Admin fees, are nothing more than a penalty fee, which is unlawful, and can be ignored.

 

They can demand all they like, just as easily as you will ignore them.

 

And you NEVER ring them simply because you'd be better off discussing this with a boiled egg, it won't get you anywhere, and the phone drone will simply want money you don't owe, so round and round you go.

[slick132]

BBoo is right.

 

The gym will be happy to leave you at the mercy of Harlands/CRS, who will only be interested in getting money from you by any means.

 

[Fablewynd]

Hey there folks,

 

 

So, I have an update on this situation. Basically, this to Harlands back in May:

 

 

Dear Sir or Madam,

 

I refer to my membership at the Xercise 4 Less gym, which I have been a member of for 4-5 years now.

 

I cancelled my direct debit mandate as I have moved away from the area, but realise now that I should have given 30 days notice to cancel my membership. As I originally signed up in the gym, with pen and paper rather than online, I was not aware of the cancellation procedure, thus I am now offering to pay a final month's fee of £9.99 to cover the notice period. I will not pay you any administration or cancellation fees - these are penalties that are unlawful and unenforceable.

 

 

If you confirm in writing that you will accept the amount of £9.99 in full & final settlement of all that I owe, I will pay you promptly. If you fail to accept my offer within 14 days or you demand any other payment, I will pay you nothing and my offer will be withdrawn.

 

 

Yours faithfully,

 

 

After some time they did send me a letter saying that they were happy to write off the penalty and just accept £9.99, however I'd need to ring them up and set up the Direct Debit again to do that. However, as I said in my letter, I have moved away from the area to a different address (I even put the address on the letter I sent them) but they sent all prior correspondence to my old address. So, I didn't get their letter saying they'd accept £9.99 until much later because I wasn't at the address anymore. Not only that, but I have also received two other letters stating:

 

 

Dear Sir,

 

We are disappointed that you have not responded to our previous correspondence.

 

The June instalment has now been missed, resulting in a further administration fee of £25 being added. The total amount now to bring your account up to date is £44.98.

 

Please call the HARLANDS HELPLINE - 01444 449033 to make payment by DEBIT / CREDIT card and reinstate your Direct Debit Instructions. If you wish to pay by any other method, you must still phone us to discuss your options.

 

If you do not call us by 29 June 17, then the collection of your membership fees will cease to be administered by Harlands and will be passed to a Debt Recovery company. This may incur you significant fees and ultimately result in court action.

 

 

AND

 

 

(letter from Credit Resolution Services)

 

Dear Sir,

 

We have been advised by Harlands, that you have stopped payments under your membership agreement with Xercise 4 Less.

 

Your balance of £79.97 is now due to be paid in full, by no later than 15 July 17.

 

Harlands would like to resolve this matter before further action is need. However, under your agreement with Harlands, you have promised to pay this debt. If you continue to refuse to that commitment, Harlands will have no option but to take legal steps to collect the outstanding balance.

 

Credit Resolution Services

 

 

Am I still to just ignore their correspondence, even though they've passed it on further? I suppose I did tell them I'd moved away and provided a new address, so it's their fault for not sending the correspondence there. Is ignoring still the way forward?

 

 

Thanks, folks.

[dx100uk]

they haven't passed it further

CRS are their own fake internal DCA

[a dca is NOT A BAILIFF]

 

 

same printer , diff letterhead

bloke at the next desk in a diff coloured skirt.

[slick132]

Hi FW,

 

Are Harlands now writing to your correct current address or not ?

 

This is the usual guff from Harlands/CRS who, as DX says, are one and the same. CRS are not a separate entity at all - they just pretend to be the "Debt Recovery Co" that Harlands refer to.

 

No need to respond for now.

 

[Bazooka Boo]

Complain to the FCA, and embarrass the gym on their social media pages, let other customers know of the treatment and harassment they can expect to get should they dare leave X4L.

[Fablewynd]

Hi FW,

 

Are Harlands now writing to your correct current address or not ?

 

This is the usual guff from Harlands/CRS who, as DX says, are one and the same. CRS are not a separate entity at all - they just pretend to be the "Debt Recovery Co" that Harlands refer to.

 

No need to respond for now.

 

 

Hey slick,

 

 

No, I have received no correspondence to my new address since my initial letter. If they are writing to me, it'll be to my old address.

 

 

Thanks.

[Bazooka Boo]

Does your credit file show your new address?

 

If not update it, just to be on the safe side.

[slick132]

I suggest you write to Harlands, telling them they must write to you at your present address, not your old one, failing which you'll complain to the ICO.

 

You can add, they can make all the demands they like but they'll be wasting their time as you will not pay them a penny after they failed to accept your offer.