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gaz0609

Harlands CRS problem

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Hi Twinmum and welcome to CAG

 

When you cancelled the DD mandate, that effectively gave the gym or Harlands notice of your cancellation. They cannot argue with this as there was a High Court case which set out certain rules - The OFT -v- Ashbourne Mgt Services Ltd in 2011.

 

You should have paid a final fee for the month's notice they were entitled to. However, they are NOT entitled to any admin fee for cancelling, nor do you have to pay admin fees for late payments or "not responding to their letters". These are unlawful penalties and are not enforceable.

 

You could send this to Harlands :-

 

Dear sir or madam,

 

I refer to your letter of xxdate and our subsequent phone discussion.

 

I cancelled my DD mandate on xxdate and this was adequate notice of my cancellation of the gym agreement, as per the case of The OFT v Ashbourne Mgt Services Ltd in 2011.

 

I now realise I should have paid one further month's fee for the notice period and am willing to offer you £9.99 now. If you confirm in writing within 14 days that you'll accept £9.99 in full settlement of all amounts due, I will pay it promptly.

 

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees (unlawful penalties), my offer will be withdrawn and I may ignore further demands from you and/or CRS.

 

Such demands may be reported to Trading Standards.

 

Yours faithfully,

 

See how they respond. :-)

 

 

Hi slick132,

 

Apologies for hijacking the thread, but I've had the exact same problem and I wrote this same letter to CRS.

 

I had a reply today and they say " A legal precedent can only be drawn from a ruling but the statement you rely upon appears in the Penal notice issued to Ashbourne management services limited, advising them what they must and must not do.

 

This only applies to Ashbourne management services limited because contracts 1-13 examined in this case we're found to be unfair and thus unenforceable. As such the Penal notice issued to them stated any course of action indicating a desire to end the membership ( including canceling direct debits) was sufficient to cancel because those contracts could not be enforced anyway.

 

Exercise 4 Less contracts have not been supplied by Ashbourne management services limited and have never been deemed unfair by a judge. There is, therefore no reason to believe that the terms regarding how a member may terminate their agreement will not be enforceable in other instances."

 

Any advise would be appreciated.

 

Thanks, Gareth

Edited by slick132
added para spacing so post is easier to read

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Hi Gaz,

 

Your post is now in your own thread to avoid hijacking. Also, spacing has been added to make the post more legible.

 

We need more info about when you joined, DD date, reason and date of cancelling, etc if we are to offer decent advice.

 

Ignore all comms from Harlands/CRS in the meantime.

 

:-)


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