Xercise4Less monthly contract- HARLANDS

[Kaisersmuma]

Bit of help needed.

I had a monthly rolling contract with Xercise4Less, realised I couldn't afford to keep running it as I'm a student, work part time and I'm in quite a lot of debt.

 

I joined during a first month free offer,  then paid for 1 month, then before the next payment was due to come out, I cancelled my direct debit and thought that would be it.

I'd done the same a few times when I was a puregym member (i'm an off gym goer, what can I say)  and never had any issues, so assumed this would be fine.

 

I received an email last night from Harlands stating I owe £44.99 (£19.99 membership fee + £25 admin).

My partner has had one too as he also cancelled: neither of us were very impressed with the gym, lots of broken and worn out equipment, very unhelpful staff etc.

 

What I was unaware of was that apparently you need to give 30 days notice!

Which seems like madness on a rolling contract anyway. 

 

I'm not in any position to pay this and also think the admin fee is ludicrous.

I'm currently involved in a debt management plan with stepchange, so they deal with all of my debts.

 

I emailed them back this morning saying this: 

 

Good Morning,

 

 

Following a disturbing email I received last night, I am emailing with regards to an apparent outstanding balance of £44.99 for a cancelled Xercise4Less gym membership. Being in a monthly rolling contract, as I have done with previous gyms in the past, I believed I would simply need to cancel my Direct Debit and that would be sufficient.

I don’t see how it would be possible to provide 30 days notice on a monthly contract, as this would surely make it a 2 month contract as a minimum?

 

I am in financial difficulty and can not afford to continue on my membership, so had no choice but to prevent any further payments going out.

I am not in a position to make any payments to Harlands, Xercise4Less, CRS or anyone else for that matter.

I am currently in a Debt Management Plan with Step Change, so would request that any demands for payment are stopped.

 

 

Have I done the right thing?

Is there anything else I can do?

 

And what about my partner, he isn't in a DMP but didn't want to keep going to that gym.

Thanks

[dx100uk]

simply send them a letter (each of you) by royal mail 1st class post, (stop using email totally, block and bounce their emails from now on)

 

state that you are prepared to offer them the one months membership payment only, and NOT any unlawful penalty charges, give them 14 days to accept your offer. if they refuse, ignore them.

 

now this DMP you are in, have you checked the enforceability of all the debts you are blindly paying, esp if to a DCA?, cause StepChange won't care if you don't owe the money, they'll just say pay up as they get a backhander to advise so...stat a new thread if you like too.

 

dx

 

[Kaisersmuma]

Thanks, can they take any further action if I do ignore them?

I have a family member who ended up with a CCJ against them about 10 years ago over a gym debt, though I have no idea what gym or collection company that was with. 

 

I'm fairly certain I do legally need to pay all the debts that are part of my DMP, it's credit cards and loans etc that I signed up to when I could afford them. My own fault really, I wasn't pressured and they're all legitimate companies, not payday lenders etc. But thanks for your advice on that 

[dx100uk]

that CCJ must have been just before their loss in one case that has since meant they no longer do court.

 

just because you 'signed-up' for loans and credit cards doesn't automatically mean they are enforceable, esp if you are paying a DCA now.

start a thread and list the debts being paid off, it's could save you £100's for a few £1 postal orders outlay.

 

[slick132]

Hi KM and welcome to CAG

 

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

 

 

Send this letter by post to Harlands at their Haywards Heath address. Get a free Certificate of Posting from the PO when you send it. 

 

Dear Harlands,

 

I refer to my membership at [town/city] gym.

 

The DD mandate was cancelled in [month/year] and this was notice of my intent to cancel the gym membership.

 

I now realise I should have paid a final fee for the month's notice you were entitled to.

 

Please confirm your bank account details so I can pay you the £xx.xx to end this matter. I will not pay any admin fees added by Harlands. I will only deal with this matter in writing, not by phone.

 

My offer is valid for 14 days and will be withdrawn if you demand any higher amount.

 

Yours sincerely,

 

No more emails or phone calls and, as DX says, this will not go anywhere near court, nor will it affect you in any other way.