Harlands Group - Xercise4less over charging

[thrower1980]

On the 7^th March 2017, whilst on secondment I joined Xercise4less Newcastle upon Lyme.

 

After signing up, I was relocated to Portsmouth, and had planned to cancel the direct debit (DD’s), however forgot

 

. On moving banks in October 19, I reviewed my DD’s and found I had one for Xercise4less, for £9.00. I attempted to call the gym to cancel but was constantly put on hold & instructed my bank to cancel the direct debit. 

 

 

On the 29^th November 2019, I received and email from Harlands Group stating I was in breach of my terms and conditions (as I has not given 30 days-notice) and that I owed £69.00. This amount was for 2 X missed direct debit payments of £9.99 and two administration fees of £25 and the debt was to be paid before the 12^th December or my case would be handed over to a debt collection agency.

 

I phoned Harlands direct and spoke to a female who refused to identify herself.

When asking why I had been charged two administration fees, I was rudely informed that they had tried corresponding with me by phone, and email on 6th October and if I had not received the email, I should check my spam mail and there was no email from them. I did an email search in both folders and I had an email dated 8^th March 2017, and 29^th November 2019.

 

I stated that I was willing to pay the £45, but not the £69 as charged. As I had not received any correspondence form them on the dated sated (6^th October 19).

 

The female then became aggressive and quite abhorrent stating that they don't have to send correspondence out, they can charge you £25 for administrative fee anyway.

 

Asked to speak to supervisor and that was refused. she told me it was £69 or nothing, and abruptly put the phone down on me.

 

What is my next course of action?

Should I write a letter, explaining that as per terms and conditions I no longer live within 15 miles of the Gym?

 

Ask them under the Data Protection act, I am making a subject access request for all relevant information (Which they can-not charge me for) including correspondence between myself and Harlands Group? Or pay and walk away.

[dx100uk]

So they've had £9 per month for two years for nothing..now want more free money!!

 

Pers id go do a dd guarantee against your old bank and get every month back from one month after secondment.

 

Then forget about them

They are powerless.

[thrower1980]

That what my initial gut reaction was to say you had £200 off me. But I don't want to get involved in litigation or go to court

[dx100uk]

you wont

gyms  dont do court 

 

neither do you have too to get all those £9's back

phone your old bank 

invoke the DD guarantee.

 

I will guess your initial contract was 12mts?

so even if you don't want to get them all back most certainly can those after no. 12

i'e more than the 12mts.

 

 

[AndyOrch]

Thread moved to the appropriate forum.

[slick132]

Hi Thrower and welcome to CAG

 

Although you were at fault in not cancelling the DD mandate, I agree with DX about maybe reclaiming some of the DD's paid.

 

But we need to know when you moved away from the gym to Portsmouth.

 

Not necessarily the exact date - just confirm if it was before or after April 2018.

 

 

[thrower1980]

Unfortunately it was in December 18. So it was during the contracted mandated year. 

[slick132]

Hi Thrower,

 

In reply to the Q's in your 1st post, don't talk to Harlands by phone, EVER, and don't write to them for now until we have a clear strategy ready for you.

 

You say you joined in Newcastle in March 2017 and moved away to Portsmouth in December 2018. But then you refer to the "contracted mandated year" or initial minimum 12 months m/ship. This is perhaps contradictory so me need to check further.........

 

Please check and confirm the month and year that :-

 

1. You signed up.

2. You last used the gym.

3. You moved away to Portsmouth.

 

Thanks

[thrower1980]

Joined gym in March 2017, due to job was then moved to Portsmouth on November 2017 ( I can Message you reason for moving, just don't want to advertise, due to job). From November 2017 to October 2019, I have not used the gym. October 2019, cancelled DD.

[dx100uk]

well I would say you can atleast via the relevant bank (s)

reclaim all payments from apr 2018

[slick132]

Hi Thrower, 

 

We don't need to know the reason thanks.

 

Ok, so the date you left Portsmouth was Nov'r 2017 (not Dec'r 2018 as per post #7 above) and you didn't use ther gym since then.

 

I agree with DX - reclaim all DD's paid by the bank beyond the initial 12 months so reclaim DD's from April 2018 onwards from the old bank.

 

Harlands will disagree and complain but you can argue that your non-attendance at the gym from Nov'r 2017 was reasonable notice that you didn't intend to use the facility beyond the initial 12 month term. When you need to tell them this in writing (once only) let us know and we can look at your draft letter before you send it.

 

To avoid such issues in the future, see here - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/