CRS/Harlands - London Fight Factory.

[andlg0507]

Good Afternoon,

 

I have seen a few posts about this here and would like to ask for some advice on my case.

 

I joined the London fight factory gym in February 2017 and signed for a 6 month contract (£95) per month.

 

Three months into the contract (May) I was transferred in work and to wales and could no longer frequent that gym.

At the time I did tell my coach (and owner of the gym) that I was no longer going to be attending.

 

Nevertheless, I carried on paying my monthly installments until the 6th month which was July, before cancelling my direct debit.

What I didn't realize was that my last payment bounced and as I had cancelled the direct debit, it didn't go through again.

 

Last week I received an E-mail, which contains half of my new address, not sure how they got that, stating that I owe them £247.

 

I have already E-mailed them stating I will pay them £95 and nothing more (I now realize I probably shouldn't have).

To which they replied that because I broke my credit agreement I was liable to all their fees.

I have read in a few threads that they can't actually action any of their threats, but can they mess with your credit score?

 

Also, as it was a genuine mistake, (I really thought that last payment went through) is there anything I can do?

 

Thank you in advance.

[dx100uk]

no they cant trash your credit file

and you did not sign any credit agreement

a gym membership is not credit.

[slick132]

Hi And - welcome to CAG

 

If you came here when you first knew you were relocating, the advice would've been :-

 

A - Tell the gym owner by letter that you're moving away and must cancel.

 

B - You need to give a month's notice so pay 1 more gym fee after the date of the letter and then cancel the DD.

 

So now tell us :-

 

1. Date you told the gym owner of the relocation.

 

2. The dates you paid a monthly fee since then.

 

Depending on your answers, we may suggest you reclaim any overpaid DD using the DD Guarantee Scheme. And you may not be liable to pay Harlands another penny.

 

Make no further contact at all with Harlands or the gym for now.

 

[andlg0507]

Okay, firstly, thank you for your help.

 

I told the owner about the relocation on the 12th of May.

 

I then paid the £95 on the 23rd of each month until July 23rd (which was the payment that bounced)

[slick132]

Thank And,

 

Sorry but can you also confirm the date you relocated, or were unable to use the facility because of relocating.

 

Then I can confirm my opinion about what you should do.

 

Thanks

[andlg0507]

Yes, sure.

 

I moved on the 1st of May.

[slick132]

Ok, this is how I see your case :-

 

You moved on 1st May and told the gym owner on the 12th May.

 

Thereafter you only needed to pay a final month's fee for the notice period, which you did on 23rd May.

 

Any amount you paid by DD after that should now be reclaimed under the DDGS as mentioned in post #3 above. Tell the bank the DD mandate was used to take a DD in June which was not payable and must be repaid to you.

 

Once your bank has refunded the £95, come back here and we'll tell you what to tell Harlands/CRS by letter. Never mind that you told Harlands by email you'd pay a further £95 - you did this in error, before you knew what your cancellation rights were. Read this thread for info about cancelling - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp

 

In the meantime, ignore all demands and communication from Harlands/CRS.

 

[andlg0507]

Thank you for your advice!

 

There has been a new development.

 

The gym contacted me just now saying they had been in touch with Harlands/Crs to say they are not interested in the £95 fee any longer.

She informed me that I would only owe them their fees.

If the original "debt" is gone, can they still try to charge me fees?

 

Any thoughts?

[dx100uk]

no they can't

they are unlawful.

 

and stop using the phone if you are

 

writing only

put the phone down

[slick132]

DX is right - don't speak by phone to anyone about this.

 

Are you sure it was the gym that called you. It could have been Harlands.

 

Have you claimed a refund of the DD as suggested in my post #7 above ?

 

[andlg0507]

Hi Slick, all done.

 

Yeah I am sure, I know the lady who was on the phone.

 

I also managed to get E-mail confirmation of that so it's on paper now

[slick132]

Ok, let us know when the DD is refunded to you by the bank.