Harlands now escalated to CRS

[ats101]

Hello guys,

 

I have not used xercise4less facilities for way over 12 months.

 

The problems started when I cancelled my direct debit, without cancelling on the website.

I got billed £44 including admin fees which ignored.

This quickly rose to £79.

I paid this off to avoid the headache.

 

After making this payment, I went on the xercise4less website to submit the leaving form.

When I clicked enter, it said something along the lines of/to the effect of 'request already pending'. So I let that be.

 

Then to my much surprise, the whole process started again and they began billing me once more. 

 

Yesterday, I got a text and email form CRS with a bill of £201. 

 I don't want this to escalate to a CCJ and this is absolutely insulting. 

 

I have checked my membership on the xercise4less website and it no longer exists i.e entering my details fails to bring up an account. 

 

I know there is much information of this forum, but how would you go about corresponding or not corresponding for that matter. 

 

Any help is appreciated.

 

Thanks. 

 

 

[BankFodder]

Well it certainly seems reasonable to me to give notice that you are cancelling. Cancelling a direct debit without letting the beneficiary know is always asking for some trouble.

Anyway, don't worry about it. Wait for my colleague @slick132 to come along and give you the best advice – but that will probably be not to pay anything more and maybe write them a brisk note telling them that they had enough and there won't be any more. Just hang on while

[dx100uk]

it hasn't escalated anywhere -----harlands are CRS, pretending to be a totally powerless DCA

 

DCA's are NOT BAILIFFS

and have

ZERO legal power on ANY debt, let alone a gym one.

 

gyms don't do court

gym debts don't appear on credit files.

 

when did you pay the £79 (next time don't pay unlawful fees for unicon food tax)?

what date did you try and cancel?

 

[slick132]

Hi ats,

 

If you'd asked us earlier about paying the £79 demand from Harlands/CRS, we would have told you NOT to pay any admin fees. However, that is done and in the past.

 

As regards the present demands, Harlands/CRS can make all the demands they like but that does NOT mean you owe them a penny. It will not affect your credit rating and there will be no CCJ's. Read other threads and you'll see the same advice again and again.

 

Send a typed letter to Harlands :-

 

Dear Harlands,

 

I refer to recent demands from Harlands/CRS.

 

I cancelled the DD mandate due to not using the gym and paid you £79 for monthly fees and admin fees in [month year].

 

I now realise I should not have paid the admin fees and should only have paid 1 month's fee for the notice I failed to give. However, that is done and in the past.

 

As regards your recent demands, you have no basis on which to demand further gym or admin fees. Accordingly, further demands will be ignored.

 

Yours sincerely,

 

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

 

 

Let us know what further demands you get but don't speak to Harlands/CRS by phone for any reason. And don't worry about this any more.

[ats101]

Thanks for your prompt help, it is very kind.

 

I just checked my bank statement and it was £89.98 I paid on the 17th of December.

 

In regards to submitting a cancellation form on xercise4less website, this was 5 minutes after the transaction was made.

 

I am annoyed that even after I made a somewhat hefty payment (4 1/2 months membership),

they don't bother to close my account even though then knew of my intentions of leaving. 

 

Is it possible to put a case in against them to retrieve my funds and make this greedy organisation pay up? 

 

Thanks. 

 

 

 

[dx100uk]

cant see why not ..via the chargeback scheme to your bank.

 

however its how your morality stands with this..

but pers I always say throw the morality card out the window..

they do by trying to charge unlawful penalty fees.

 

weigh it up yourself and decide.

like when did you physically last use the gym?

how many payments did you allow by the normal DD method that you never actually used the gym at all for that month?

 

you certainly do not ever owe the penalty fees, you might well contractually owe I mts membership following your cancellation, but as they can't enforce that either, might be just as easy to cut and run

we needs DD dates and payments and gym usage.

 

 

[slick132]

Hi Ats,

 

Nothing Harlands/CRS do would surprise us here - they have no moral compass.

 

1. How much was the monthly m/ship fee ?

 

2. Did they tell you how the £79.98 was made up ?

 

3. Did you pay by debit card over the phone or internet bank transfer ?

 

DX and I sometimes have different opinions about reclaiming amounts paid but I'll have let you know what I think when you answer my Q's.

 

Hoild off sending the letter just now.

[ats101]

We have previously sent you correspondence regarding your membership and note that you have not contacted us. Due to this you have incurred a £25.00 administration charge on your account. Your outstanding arrears currently stand at £89.98.

 

I have no email trace apart from this which was sent to me from Harland's on 06/12/2019.

 

As I said I paid this. Then on 07/01/2020, I receive this email:

 

We have been notified by your bank that your Direct Debit instruction has been cancelled, which means we are unable to collect your instalment. Due to this you have incurred a £25.00 administration charge on your account. Your outstanding arrears currently stand at £44.99.

 

We've been employed by Xercise 4 Less as your membership remains in arrears. As a result of this, our fees totalling £ 66.50 have been added. Therefore, your account balance now stands at £ 201.47.

 

This was sent to me yesterday on CRS headed paper. 

 

I have no idea how they jumped from £44.99 to £201.47. 

 

 

2 hours ago, slick132 said:

Hi Ats,

 

Nothing Harlands/CRS do would surprise us here - they have no moral compass.

 

1. How much was the monthly m/ship fee ?

 

2. Did they tell you how the £79.98 was made up ?

 

3. Did you pay by debit card over the phone or internet bank transfer ?

 

DX and I sometimes have different opinions about reclaiming amounts paid but I'll have let you know what I think when you answer my Q's.

 

Hoild off sending the letter just now.

 

1. £19.99

 

2. As above

 

3. Debit card

Edited March 17, 2020 by ats101

[slick132]

Hi Ats,

 

At £19.99 a month, I think this was a rolling monthly agreement, not a 12 month agreement. Am I right assuming this was a roling monthly agreement ?

 

I base my assumption guessing they wanted 2 x 19.99 = 39.88 for gym fees plus 2 admin fees @ 25.00 = a total of £89.98. Does this sound right ?

 

I don't care how they get from £44.99 to £201.47 - it's nonsense and not payable.

[ats101]

It was indeed a rolling contract.

 

Yes, your calculations are bang on. 

[slick132]

If you want to ask the bank for a Chargeback of the £89.98, you can try this saying you were misled by Harlands and did not realise the admin fees they demanded were excessive and unlawful.

 

If you get the £89.98 back via the bank, let us know and we'll then help you tell Harlands what you've done and why. You will offer them just £9.99 for the 1 month's fee you owed for the 30 day notice period, but that's for later.

 

Let us know how you get on with the bank and we'll take it from there ...........

[ats101]

Thanks Slick, I will do that during my break.

 

I will let you know the outcome.

 

Ats.

[ats101]

Guys, 

 

I will call back when the current climate of Covid has settled.