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Xercise4less/Insufficient Funds/ 25 admin fee.


K1ash3r
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Hi,

 

I received this email

 

Dear [my name]

 

Harlands administer the collection of all payments due under your agreement with Xercise 4 Less. Your bank have advised us that your March instalment has been returned unpaid "refer to payer" as there were insufficient funds in the account to pay the amount due.

 

We will therefore debit your account on 5 APR 18 for the total amount of £34.99 made up as follows:

 

Instalment Amount £9.99

Administration Fee £25.00

Total Due £34.99

 

Please note that the submission for this will be made two working days prior to 5 APR 18 and if this date is not convenient, please contact us on the HARLANDS HELPLINE - 01444 449033.

 

Our lines are open 8am to 8pm Monday - Friday and from 9am to 12pm on Saturday. Thank you

 

Once the submission has been made the debiting of your account cannot be stopped. You must ensure that sufficient funds are in the account to prevent further charges being made and possible default action being taken against you.

 

We trust you find this in order and we look forward to hearing from you soon.

 

Yours sincerely

Harlands

 

 

TL;DR: Payments come out on 26th, had insufficient funds, 27th I get the above email

 

I send them this:

 

Dear Sir/Madame,

 

I am a member of Xercise4less, [city[. I have been a member for about 3 years now. A payment of £9.99 was due on the 26th which I had insufficient funds for, immediately a £25 administration fee was added. Such administration charges are unlawful and unenforceable.

 

I am going to cancel my direct debit to avoid paying this unlawful fee. If you at any point attempt to claim this money from me, I will ask my bank to refund me the money which I am fully entitled to under the Direct Debit Guarantee Scheme.

 

To settle this matter, I will pay you the final fee of £9.99. This payment will be made only when Harlands confirm that this will settle the matter.

 

If you fail to agree to this within 14 days, my offer will be withdrawn and you will be paid nothing.

 

I look forward to hearing from you soon.

 

Your Sincerely,

[my name]

 

I also send this to the Manager of the Gym:

 

Dear Xercise4Less,

 

I'm a student at University of [City] and have been a member of Xercise4Less for about 3 years now.

 

On the 26th of March 2018 my DD bounced due to lack of funds and after less than 24 hours Harlands are now seeking to charge a £25 admin which I will not pay. Such administration charges are unlawful and unenforceable.

 

To avoid Harlands abusing the DD mandate, I have had to cancel my DD.

 

I am happy to pay you the £9.99 I owe and use your gym in the future but I will not fall victim to this disgusting practice and allow Harlands to charge unlawful fees.

 

If you supply payment details within 14 days, I will pay you £9.99. If you don't accept this, my offer will be withdrawn and I'll consider the matter closed.

 

Yours faithfully,

[Name]

 

Then I get this response from the manager (front desk actually cause i guess manager is lazy)

 

Good Afternoon [my name]

 

In regards too the admin fee you have been charged, this is standard procedure of missing a direct debit, same as any other standard order who may charge if missed.

 

We have explained that this will happen is a direct debit is failed to be taken on our terms and conditions which you have accepted.

 

When you activate your account with us and then go on to do your health questionnaire, you accept the terms and conditions before it's all complete.

 

If you have accepted these, this too us means you have read them and agree.

If you did not read those, i have attached them too this email for you to read through.

 

Unfortunately, due to this being in the terms and conditions, there is nothing i can do to withdraw this.

 

If you would like to take matters further, i have attached the complaint procedure too the email also, you will have to follow the instruction.

 

However, there is no guarantee this will be cancelled for you, as all your terms and conditions have been accepted by yourself.

 

Kind regards

Reception team

 

They also send me the T&C

 

I replay like this

 

Hello,

 

Thank you for the swift replay.

 

As you have not accepted my offer of paying you the outstanding £9.99, I will now consider the matter closed and you will receive no payments from me.

 

I apologize if I did not make myself clear in my previous email.

There is no need to withdraw the admin fee, I have canceled my DD to avoid paying this fee.

 

I know for a fact that you cannot enforce this administration fee so if I refuse to pay it you will not receive it. I don't have to accept the £25 admin fee just because it's in the T&C's.

 

The admin fee is punitive and not a true reflection of cost incurred by Harlands due to my failed DD. In the even any money is taken from my account I will have my bank refund it under the DD Guarantee Act.

 

I will also refrain from using your gyms in the future and will inform individuals who use your gym of this ill practice.

 

I am still willing to pay the outstanding £9.99 owed to you but from this point forward all correspondence from you will be ignored and I will only take this matte up with the head office.

 

Kind Regards,

[NAME]

 

They replay like this:

 

Hi,

 

I have explained everything possible too you and also sent you the proof as to what happens if you miss a direct debit.

There is nothing more i can possibly do here for you.

 

However, you will receive letters from Harlands stating your direct debit has been missed/cancelled.

 

If there is no payment made within 3 months, this will go too a third party.

Please be aware, that if this gets to that point, there is nothing at all we can do from club level too help.

 

We have tried to help today by explaining this is a one off payment, as this will happen if you miss it.

 

I will forward this email too our Head Office to make them aware that you have refused to resolve this situation.

 

If you do happen to contact Xercise4less regarding this issue in months to come, there is nothing we can do to help.

 

Kind regards

Reception team

 

What is your take on this.

It seems like i won't be paying them anything but I won't be able to use their gym anymore.

 

My images dont appear so I just copy and pasted the messages.

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read upload use PDF please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pers you've done right

stick by your guns.

then ignore

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Klash and welcome to CAG

 

You seem to have it covered for now but don't send anything more to either Harlands/CRS or X4Less (either your local gym or the Leeds Head Office).

 

At this stage, we usually tell Newbies to read lots of threads but, clearly, you're already all over it !!

 

Just keep us posted about further demands but don't reply to them unless we say - ignoring Harlands/CRS, The Zinc Group and Spratt Endicott (Harlands' current pet solicitor) is often the best thing to do.

 

If they start to annoy you after a while. let us know if you'd like to take Harlands and X4Less to court for harassment.

 

:-)

We could do with some help from you

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Hi, thank you. I received a reply to my initial email from Harlands

 

Dear [My name]

 

We thank you for your email.

 

We can confirm that in order to cancel your membership you must complete the membership cancellation form on the Xercise 4 Less website found at [link]. We are unable to cancel your membership until Xercise 4 Less confirm you have cancelled with them.

 

We advise you either go in branch and speak with a member of staff directly if you have previously cancelled or use the cancellation form at:- [link]

 

Please note, cancellations are only authorised by Xercise 4 Less if the account is up to date with a live Direct Debit in place.

 

The charges that have recently been applied to your account have been done so in line with your membership Terms and Conditions.

The amount of this charge is representative of the cost of the administration relating to your payment being returned unpaid.

This includes collecting information from the bank, manually returning the payment, issuing a notice letter or email and dealing with any correspondence in relation to the payment from the member.

 

Once each payment has been returned unpaid, a letter or email is issued detailing the charge, the reason it has been applied and when we will attempt recollection of the initial monthly amount and the additional amount.

 

May we confirm, £25.00 is the amount deemed by our directors as representative of our costs in dealing with the administration involved with a missed or returned payment.

 

Upon agreeing to the terms and Conditions of your membership, you have in turn agreed to these charges.

 

If you have any further questions please do not hesitate to contact us.

 

For all Enquiries Call Harlands : 01444 449033 () Quote Reference : 4459058 /

 

Office hours: Monday to Friday, 9am - 5pm

 

Yours sincerely,

Sophie Oxley

Harlands

 

I'll take your advice and ignore it

Edited by dx100uk
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pers i'd bounce that back and block further emails

let them waste money on stamps.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes, ignore this and block their emails if you can.

 

Keep us posted though .......... :-)

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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UPDATE: I have yet to ignore their emails just to see what their next move is. This morning I've received a SMS from HARLANDS and an SMS from X4L

 

SMS from X4L reads:

 

"Dear Member. Your account is in default and if left unresolved will be passed to a third party debt collectors. To prevent this call us on 01132038602 to settle."

 

SMS from HARLANDS reads:

 

"You have been sent an email from Harlands regarding your membership. Please check your junk folder or call the helpline on 01444449033"

 

 

The email reads the following and its safe to say my jaw dropped when I saw it. These people have no shame.

 

 

Dear [ My name]

 

re: Your membership to Xercise 4 Less

Your bank have advised us that your Direct Debit Instruction has been cancelled which means we are unable to resubmit

for the missed instalment. You have incurred a further £ 25.00 administration fee and the total amount now

due to bring your account up to date is £ 59.99.

Please call the HARLANDS HELPLINE - 01444 449033 and we can collect this by DEBIT / CREDIT card and

reinstate your Direct Debit Instruction. If you wish to pay by another method you must still phone us to discuss your

options.

If you do not call us by 7 April 18 you will be charged a further £ 25.00 administration fee. Our lines are open 8am to 8pm

 

Yours sincerely,

Harlands

 

 

 

At this point I'm going to block any SMS or Emails coming in from them

Edited by K1ash3r
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whay muppets

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Don't respond at all !

 

:-)

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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