Harlands/CRS x4L..charges

[Avfcgeo]

I’ve seen a lot of threads about this and need some advice

 

in December 2018 I missed a £12 DD payment, it was my final payment in a 12 month contract,

I didn’t realise this only to be emailed about 3 months later telling me to contact CRS and that I owed them over £100,

 

I didn’t realise this forum was here and stupidly agreed to pay them £15 a month to cover the cost.

I lost my job while pregnant so more of the DD failed and they put a £25 charge on top.

Now with all of the interest and fees the total there saying I owe is £212.08.

 

I’ve called them and explained my situation has drastically changed over the past few months since having my baby and my partner being diagnosed with epilepsy and everything that goes with that situation. 

they have frozen my account for 30 days to see if anything changes and say they can bring the amount down to £184,

I said at most I could pay £5 a month which is apparently fine..

 

but after finding these threads and reading everything that’s said I wish I hadn’t of contacted them,

especially since this has stemmed from 1 missed £12 payment it’s extortionate can any one offer any advice as what to do after the 30 days are up.

 

I’m so stressed trying to manage money as it is as well as having a newborn, I don’t know what to do. 

thanks for any help 

[BankFodder]

So how much did you pay them in addition to covering the missing £12?

The advice here is going to be to send them a single letter telling them that they've had enough and you are not prepared to pay any more and although you don't agree that they are entitled to claim anything, if they are entitled then they would only be able to recover administrative costs caused by any breach which you may have committed – which is not admitted.

Tell them that you have paid well over the odds now and if they want they can take you to court and in which case you will be counterclaim for the return of the money paid in excess of administrative losses.

I'm sure that @slick132 will be along shortly to confirm this or to give you better advice.

[BankFodder]

Don't have any telephone conversations with them at all. Also, read our customer services guide and implement the advice there for all future dealings with them and any other company you ever deal with – ever.

[Avfcgeo]

To be honest I’m not entirely sure how much I’ve paid I’m going to sit down now and try and figure it all out. 
and will draft a letter stating how much I’ve already paid. Will reply once I know the figure. 
many thanks 

[AndyOrch]

Thread moved to the appropriate forum ..please continue to post here to your thread.

 

Andy

[Avfcgeo]

I’ve just looked through my bank and cannot believe I didn’t do this before! 
they tried to take the DD £12.79 31/10/18 didn’t go through.

They then tried on the 12/11/18 to take £37.79 the £25 charge added.

Didn’t go through.

 

then on the 31/12/2018 they did take £50 which effectively should have covered the cost of any outstanding payments. 
I have since given them a further £60 in 4 DD payments of £15 each from 24/06 to 23/09. 
I’ve paid them a total of £110. 
where should I go from here? 

[BankFodder]

Write the letter that I have suggested. Don't start telling them how much you paid. Simply tell them that you're not going to pay any more. Challenge the direct debit with your bank under the direct debit guarantee.

Tell them that the direct debit payments weren't authorised and were in fact unlawful charges and you want the money back.

[BankFodder]

Cancel the DD

[Avfcgeo]

I cancelled the DD and within 24 hours I received a email saying another £25 was added to the charges but they would forgo that charge if I set the DD up by the 3/10/19

[BankFodder]

Write the letter. Only one letter and then don't have anything more to do with them. You will probably receive threats et cetera. Keep them all but don't respond

[Avfcgeo]

Can they take me to court or will they eventually just give up? 

[BankFodder]

They will eventually stop – but if they give you any trouble then come here. If they did take you to court then you have an excellent defence that they are attempting to apply an unenforceable penalty.

[dx100uk]

gyms don't do court

and don't appear on credit files.

 

pers i'd go ring you bank and using the DD guarantee i'd go get back all the payments you've made since that 1st missed payment.

THEN WRITE to harlands using one of the slick132 letters here in many threads

OFFERING the ONE further £12 membership fee ONLY, without any additional unlawful penalty fees included.

give them 14 days to write and accept this offer, else you will then be totally ignoring them and their powerless DCA.

 

dx

 

 

[Avfcgeo]

Thanks so much is it best to type a letter and print off and send to a postal address or just via email? 

[dx100uk]

You should never use email or give one

Just gives them a free way to harrass you

Block and bounce them always

[slick132]

Hi AVF,

 

Before you do anything more, please confirm :-

 

1. Date  you last used the gym, exact or approx date please.

 

2. Date the 12 month m/ship ended.

 

We can then consider the circumstances and suggest your next best move and how much, if any, you should reclaim from the bank.

 

It doesn't matter what you agreed to pay or allowed them to take using the DD. They were taking unlawful penalty charges which you may be able to reclaim using the DD Guarantee Scheme.

 

As said already, they don't do court action and this will not affect your credit records. Harlands/CRS are just chancers who make far more from charging an individual admin fees than they do from charging the gym a small % for collecting the monthly fees.

 

Let us know the answers and we'll take it from there. No more phone contact and written letters only, once we decide what you need to say to them.

 

[Avfcgeo]

Last used the gym around September/October 2018. Membership officially ended 31 December 2018. 
£50 was taken from my account on that day. And £60 since. 
thanks so much for your help. Can’t believe I’ve only just seen this thread. Seriously put my mind at ease 

[dx100uk]

They got £110 out of you when you only owed £12...!!.

Go get it all back then send letter

 

Dx

[slick132]

This is how I see your case.

 

Your m/ship minimum period ended at the end of December but it was still YOUR responsibility to cancel the agreement giving a month's notice. See our Guide here - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/

 

 

However Harlands' attempt to charge unlawful admin fees for the missed December DD gave you good reason to end your agreement with them and stop them using the DD to collect whatever they felt you owed.

 

I suggest you owed ONLY the missed December fee and nothing beyond that.

 

Accordingly, I suggest you reclaim all DD payments beyond what was owed for December. If you paid £15 by DD instead of the £12 monthly fee, ignore the £3 overpayment but reclaim all DD's taken since then.

 

Make a list of the DD's you need to reclaim and tell the bank the amount and date of each DD you now need refunded to your account.

 

Tell us the amount you want to reclaim via the DD Guarantee Scheme and we'll help you with a letter to send to Harlands telling them what you've done and why.

[Avfcgeo]

The DD amounts I need to reclaim is £60 can someone send me a letter template to send please 

[dx100uk]

ring your card provider as post 13

[slick132]

Speak to the bank, quote the DD Guarantee Scheme, tell them the DD mandate has been misused by Harlands and you require the £60 to be refunded to your bank.

 

You don't need to justify your claim to the bank and they should return the money easily and quickly.

 

Once you have done this, let us know and I'll suggest a letter for you to send to Harlands.

 

[dx100uk]

why only £60?

they unlawfully used to DD and took £110 for one months missed £12 membership!!

[Avfcgeo]

That’s a valid point, I’ve been very busy with a teething baby so haven’t had chance to call but will 100% call them tomorrow and update ASAP 

[dx100uk]

that's why I said earlier to request ALL the DD's back since that missed payment

THEN well write a letter offering the £12 missed fee.