Xercise4Less - Harlands

[dfibno]

Hi, new user to the forums here.

 

I signed up to Xercise4Less a couple of years ago, approximately Sept 2014, during my second year of university, and assumed that my contract would end after the minimum term of 12 months (naive I know).

 

I only noticed recently that I was still being charged for membership, and immediately tried to cancel.

 

Unfortunately the online form requires a W membership number to cancel, and I could not find the registration email they claim to have sent when I signed up,

 

After unsuccessfully trying to call them several times and always being put on hold for ages, I cancelled the direct debit directly with my bank last month.

 

I have since received multiple messages from X4L about my account being in default.

 

I have not received any mail as I have moved house since (and not updated them because I thought my contract ended ages ago as said above).

 

I called them and spoke to Harlands; and was advised I owed them two months membership plus a £25 administration fee.

 

I'd seen various posts on this forum advising against paying the admin fee, so I refused, considering I'd already paid in excess of £250 for an unused gym membership.

 

I was then told my details would be passed on to CRS.

I sent them the follow email (with my personal details which I've edited out for this post):

 

Dear sir/madam,

I spoke to a member of your team earlier today regarding the cancellation of my Xercise4Less gym membership. My details are as follows:

First Name: xxx

Last Name: xxx

Email address: xxx

Mobile number: xxx

 

I apologize I do not have a W number as this was never supplied, but your colleague was able to find my account from the above details.

 

We discussed the fact that I had cancelled my direct debit last month and therefore my account in is default. I did this because I have previously tried to cancel my membership, but to no success due to lack of a W membership number.

 

I was advised that I owed Harlands £44.98 in order to close the account. The breakdown is £9.99 for the defaulted month (August), £9.99 for the one month's notice I am supposed to give, and £25 for an administration fee incurred for cancelling my direct debit.

 

I explained that I was willing to pay £19.98 for the two months membership, but I refused to pay the £25 administration fee. I was told then that if I refused, this matter would be passed on to CRS, a third-party debt collection agency.

 

The legal status in this matter is that I am legally allowed to cancel my membership to the gym by cancellation of direct debit mandate.

 

Please refer to item 16(ii) in this common law mandate in the High Court case of "The Oft v AMSL" accessible via (URL, I'm not allowed to post it here because I'm a new member ) or attached in this email.

This email serves as further written evidence for request of cancellation of my gym membership effective immediately.

 

If you insist on passing on my details to CRS, please be advised that I have moved homes and my address in NG7 2DQ is no longer usable, and I will not receive any mail sent there. My new address for correspondence is:

xxxxxxxxxx

 

The remainder of my contact details remain the same as stated above.

 

I maintain that my final and only offer is to pay the £19.98. I would like to settle this matter as soon as possible

 

. In the event that this is not the case, I reserve the right to reclaim all membership fees charged outside the initial 12 month contract under the Direct Debit Guarantee as I have not used the gym facilities since approximately February 2015 (you can advise me on the actual date since the gym has an electronic entry system), and my initial contract was for a period of only 12 months, which means I have been paying for nothing for the past 2.5 years.

 

Item 16(ii) in the case referred to above can be interpreted in my favour that I have provided sufficient notice by conduct by not having used any gym facilities at all for an extremely extended period of time. Obviously this is not my preferred course of action as I wish to settle this amicably.

 

All further correspondence is to be in writing, either in email or physical mail to the new adress above. I will not entertain any further communication by phone, and will also not entertain any requests that I call you.

 

When you confirm to me in writing that you will accept the sum of £19.98 in settlement of what I owe, I will pay you quickly. If you refuse and insist on demanding for more from me, I will pay nothing.

 

Best Regards,

 

Does this email seem adequate and appropriate?

I felt I was kinda pushing the boundary about the DirectDebit guarantee...

 

And is there anything else I should do at this point?

 

This is my first time dealing with such a matter, and would greatly appreciate any advice and input!

Thank you!

[dx100uk]

War and peace reading....welcome aboard

[dx100uk]

Pers I'd stuff 'em

 

Go ring your bank and do a DD guarantee reclaim right back to the months payment after you last used the gym

[slick132]

Hi Dfib and welcome to CAG

 

As DX says, your post is a bit long.

 

Keeping it simple, from the date you first TOLD the gym you wanted to cancel, you only needed to pay one more payment of £9.99.

 

If Harlands have taken any DD's beyond this, you should reclaim them via your bank saying Harlands have misused your DD mandate.

 

If Harlands took anything they shouldn't have, let us know and contact the bank to reclaim it.

 

Otherwise, you seem to have it under control by giving Harlands your new address.

 

[dfibno]

Thanks for your replies.

 

I'd not heard back from them for ages, thought all this was done with.

 

last week I got a letter from Harlands, expressing "regret" that I had not replied to any of their previous correspondence.

They added on another £25 admin fee, and insisted I pay again. They made no reference at all to my last offer.

 

I've sent them another letter, telling them that I had not received any correspondence at all since my last email+letter, and that I've withdrawn my offer and will no longer pay a penny.

 

Will update if I get a reply, though I reckon it'd just be more threats of litigation.

Do you think it'd all just go away if I stop entertaining and replying to their letters...?

[slick132]

Hi Dfib,

 

If you read other threads here for inspiration, you'd know that replying to Harlands/CRS is wrong and unnecessary.

 

You only encourage them to keep contacting you.

 

Ignoring them is usually the best action.

 

Can you give us more info about the points I raised in post #4 above - ie did you make the necessary pay'ts; did you reclaim any DD's using the DDGS that you feel you paid in excess of what you owed.

 

[dx100uk]

don't enter into stupid letter tennis

 

 

go get that moneyback.

a dca is not a bailiff!!