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Krypt0n

Exercise 4 Less Help Needed

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Sorry for yet 'another' post about [removed] xercise 4 less. Sorry, its rather lengthy..

 

At the end of August 2017 I took out a gym membership with xercise 4 less.

I'd heard the horror stories however for £9.99 a month I was quite happy to be tied in for a year.

 

Shortly afterwards on 14th September 2017, I decided to pay for 10 Personal Training sessions.

The PT in question was friendly and approachable when undertaking my induction so felt more than happy to continue with him. I was promised a meal plan and other things but never received them despite asking numerous times.

 

Everything was going great, and I was due my fourth session on 22nd September.

I arrived at the gym only to find that the PT wasn't around.

I waited a while and still nothing.

 

The man on the front desk was unhelpful and said he didn't know where he was.

I questioned that and commented on how I wasn't really impressed.

Clearly struggling with a simple question, he got someone else to come out who told me he was ill and off sick.

 

I waited a few days and then text the PT to try and arrange another session - no response.

I went back into the gym and was told someone would be in touch with me.

 

About another week passed and I decided to go back into the gym, to be told that he had been finished (a few days before my session on 22nd) and someone would be in touch to re-arrange it with me. The staff at the time clearly knew but chose to lie to me and concoct other excuses. I questioned why nobody had contacted his clients sooner to discuss this.

 

Almost 3 weeks later on 10th October, I received a text from a different PT. Good, but disappointing it took 3 weeks. However, the times he worked were completely different to the ones i had with my other PT and were inappropriate for me due to work etc. I told him this was unsuitable and that because of the whole poor experience I would be taking it further.

 

That day I asked to speak to the manager to be told she was on her lunch break and to come back tomorrow.

I came back the next day to be told she was ill, and would be back in tomorrow.

I came back the next day to be told she was at a relative’s funeral and that she would call me.

I waited till the end of the week, still no phone call. Each time I phoned up she was out of the office.

 

I called back giving myself a different name, lo and behold – she answered – and of course it was purely coincidence that we kept missing each other, not like my name was stuck next to the phone saying ‘avoid at all costs’!

Nearly three weeks later 30th October I had managed to see her.

 

I explained to her how disappointed I was with the customer service from the gym, and that more than five weeks later I still had not been able to receive the service I had paid them for, so asked to be refunded. Apparently, they don’t have a refund policy, so I asked for it to be escalated further. She said she was seeing her area manager the next day so would discuss with him and would call me back that day. The end of the week came and still no phone call.

 

I called into the gym and ‘apparently’ my phone wasn’t working – can you believe it?

Her area manager told her there wasn’t a refund policy so I would have to make do.

Still unhappy, I asked for it to be taken further yet again so she came back from her office and wrote an email address down on a piece of paper.

 

I emailed this number but never got a response after several weeks.

I did some research online and found that the email she gave me was spelt wrong

– so there was never any chance of it working.

 

By December, I was utterly fed up of it all and sick of trying to argue my point across. I agreed that I would take up sessions with another PT.

 

My first session with the new PT was for Friday 22nd December

– however he had to cancel ten minutes before due to a family emergency.

Not impressed as I was already there – not a great start.

I was told I would be given a nutrition plan – however I am still yet to receive this.

 

I waited till Christmas was out of the way, and managed to arrange the first session for 10th January.

I have since tried to arrange more sessions which have gone as following:

-Text Monday 22nd Jan – no response

-Text Thursday 25th Jan – no response

-Text Sunday 4th Feb – one response but then ignored again

-Text Monday 5th Feb – no response

-Message on E4L app Monday 12th Feb – no response

-Called gym - not there, not helpful

-Text Monday 19th Feb – no response

 

This is a completely unacceptable service

– how am I meant to get the service I have paid them £180.00 to deliver when they are refusing to get in touch?

I will not be passed around from PT to PT for the same thing to happen yet again.

 

Before I go back down to the gym and say something I regret

– do you the wise members of this forum have any advice on how I can take this further to try and get my money back?

Consumer Credit Act,

Sales of Goods Act?

Does any of this help?

 

Thanks for taking the time to read all of this and I await your helpful responses,

 

Krypt0n

Edited by dx100uk
naughty word removed and formatting - dx

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Hi Krypton and welcome to CAG

 

A defamatory remark was removed from the 1st sentence of your post - please don't use defamatory remarks as CAG can be held accountable for YOUR remarks with serious risks to our Site's future. Thanks.

 

Sounds like the gym staff and manager are treating you appallingly and with contempt. I suspect they're not happy with the PT's messing people about and causing trouble for the other gym staff. However, that's no excuse for how the manager has treated you.

 

1. Who did you pay for the PT sessions - the gym or the PT.

 

2. Were you given any paperwork for the PT sessions.

 

3. Are you still using the gym for routine workouts, training, etc other than for PT sessions.

 

4. If not, when did you last use the gym for a non-PT session.

 

5. I assume you're still paying the normal £9.99 monthly fee but please confirm.

 

You have protection under the Consumer Protection Act 2015 but we'll go into that later, depending on your replies to my Q's.

 

:-)


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Hi Slick,

 

Thanks for your helpful response. Apologies about the opening remark!

 

1.) I paid the gym directly. I never got a receipt only on my bank statement it says £180.00 HARLANDS

 

2.) I never received any paperwork or signed any kind of contract

 

3.) I have been in a couple of times off the cuff but to be honest I've been trying to avoid the place as I'd end up getting angry! I'm aware I'm tied in with the £9.99 per month but its not that I'm bothered about.

 

4.) The last time I probably went in was early January - I went in to try and find someone to speak to but figured seems tho i'd paid for the car parking I might as well use the facilities.

 

5.) Yes still paying the monthly fee.

 

Thanks

 

K

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Re 1. you can demand the gym refunds the money paid for any PT sessions you've not had. We can help draft a suitable letter.

 

Re 3. if the gym fails to provide a reasonable service (which they have !! ), you can end the m/ship before the 12 months is up. If you want to do this, let us know and we'll advise further.

 

Re 4. approx when in January did you use the gym for training.

 

On what date each month is the DD normally paid by your bank.

 

Let us know if you want to seek a refund for the PT sessions and/or cancel the gym m/ship.

 

:-)


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Hello again,

 

Yes please to drafting the letter. Id be happy to remove the gym membership too. Its actually 11.99 per month, paid on the last day of the month.

 

Ive had four sessions in total so should be refunded £108.00 from the original £180.00

 

Thanks

 

As to when in Jan it was the start of the month.

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Hi Krypton,

 

I'll draft a suitable letter cancelling the gym m/ship with X4Less and demanding a refund of the unfulfilled PT sessions when I have more time over the w/end.

 

In para 2 of your first post you mentioned £9.99 pm. Is this what you agreed to or was it £11.99pm as per your post #5 ?

 

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Well I had though it was £9.99 but must have been £11.99 - probably my mistake.

Thanks so much for taking the time to help.

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Hi Krypton,

 

I would cancel the DD mandate immediately. Do it via online banking if you can so no further DD is paid.

 

Or drop into a branch if necessary and possible.

 

Let us know when this is done and I'll get the letter drafted for you.

 

You'll be writing to X4Less; and ignoring Harlands/CRS who will chase for increasing amounts of both gym and admin fees.

 

:-)


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Hi Slick,

 

For the time being i will just cancel the PT membership not the monthly fee, so if you could help with that aspect id be very grateful.

 

K

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Hi Krypton,

 

After the way they've treated you, I have no idea why you want to remain a member when you have a perfect reason to cancel early. However, that's your prerogative and you need give us no explanation. If you change your mind on this, let us know and don't use the following letter as it'll need amending.

 

Typed letter to :-

 

The Manager

Xercise4Less Gym

[address]

[postcode]

 

Dear sir or madam,

 

Personal Training sessions

 

After joining the gym, I paid £180.00 for 10 PT sessions on 14th September 2017 for £180.

 

For various reasons which the gym staff and management are well-aware of, I have so far had only 4 sessions. Furthermore, management have been evasive when I've tried to make contact to sort this out and rearrange sessions.

 

The times offered by the new Personal Trainer are not suitable for me and, regardless of the No Refunds Policy I've been told about, I require a full pro-rata refund for the 8 unused sessions - £108.00.

 

Unless this amount is paid back to me in full within 14 days, I will take up the matter with your Leeds Head Office.

 

I will only deal with this matter in writing and you can email me at krypton@blah.com

 

Do not try to discuss this with me by phone, thank you.

 

Yours faithfully,

Krypton

 

Either deliver to the desk and note the time, date and staff member you give it to; or post it getting a free Certificate of Posting at the PO counter.

 

:-)


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Yes - youre right! Ok i will cancel the whole lot.

 

K

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Noted, so cancel the DD immediately.

 

I suggest the letter be amended to :-

 

Dear sir or madam,

 

My gym membership and Personal Training sessions

 

After joining the gym, I paid £180.00 for 10 PT sessions on 14th September 2017 for £180.

 

For various reasons which the gym staff and management are well-aware of, I have so far had only 4 sessions. Furthermore, management have been obviously evasive when I've tried to make contact to find out why the PT wasn't available. I was also being ignored when I tried to sort this out and rearrange sessions.

 

The times offered by the new Personal Trainer are not suitable for me and, regardless of the No Refunds Policy I've been told about, I require a full pro-rata refund for the 8 unused sessions - £108.00.

 

Unless this amount is paid back to me in full within 14 days, I will take up the matter with your Leeds Head Office.

 

Do not try to discuss this with me by phone. I will only deal with this matter in writing and you can email me at krypton@blah.com

 

I have lost all faith in the gym and it's staff and the membership is hereby cancelled with immediate effect based on the gym's failure to provide a reasonable service. The DD mandate has been cancelled and I trust you will instruct Harlands/CRS to NOT start harassing me.

 

Yours faithfully,

Krypton


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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hello again,

 

I sent the letter and never got a reply. Also sent emails which were ignored.

 

I am now being chased for £200 + by CRS who are now phoning my place of work and telling my colleagues I am in debt!

 

What should I do? I cant believe 8 month later this is still and issue.

 

Thanks

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are they really?

that's again the rules of confidentiality / DPA


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Hi Krypton,

 

If you know exactly what was said to your work colleagues by CRS, please tell us.

 

Depending on your answer, I may suggest a formal complaint to X4Less. I realise this may not be the obvious course of action but, correctly worded, your complaint might just get Harlands/CRS off your back for good.

 

Let us know what was said by phone and also how many times they've called your workplace.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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