Xercise4less/Harlands chasing me for money

CainDingle

So I took out a membership with xercise4less about 4 years ago. Used them for that time with absolutely no hassle.

Come time to cancel, and there's an online form that they say I need to use to give them 30 days notice. The form doesn't recognise either of my 2 emails (I tried multiples times).

I (perhaps, naively) thought that if they only have bank details down for me, I could just cancel my direct debit and be done.

When it came time to chase me for money they think they are owed, Harlands (the membership management people which the gym use) suddenly have an email address to contact me on, demanding the next months membership fee with an admin charge attached.

Am I in the wrong? Do I pay it, or challenge it? And if challenge it, how?

CainDingle

Also a quick bit of information to add:

A friend of mine works behind the counter. I spoke to her after a few days, and she assured me that she'd speak to the manager and get it quashed for me. After I let it go, they sent me another email with an inflated charge.

fwor

Four years ago you signed up to a contract with them, and that contract will have stated (among other things) how you can cancel the contract, and what they can do if you don't cancel and don't pay.

I don't have a copy of that contract here, but presumably you do? So it would be a good idea to check it to see if they are acting within the terms of the contract.

From that you will be able to work out whether their charges are fair and whether you need to pay. Sort it out now (by phoning them if necessary), because if they are legally entitled to add admin charges for non-payment, they will keep adding them each month that you don't pay.

WhenIam64

Check this thread. Gym companies have a high degree of churn or "buyers remorse"

https://forums.moneysavingexpert.com/discussion/comment/76182441#Comment_76182441

So it would be a good idea to check it to see if they are acting within the terms of the contract.

They say they are but they don't take it to court as the terms might not stand up to scrutiny under the CRA 2015

CainDingle

The other thread seems to give a bit of previous to this kind of situation.

I'm pretty sure the contract was done digitally. It was a good few years back, and I'm not 100% on that though.

Either way, I don't have a physically copy of one with my signature on it.

It does state on their website though that you need to keep the direct debit open until they receive your notice to cancel.

Do I just pay up and learn from this, or does the fact that I couldn't cancel using their online form absolve me in any way here?

I am going to go into the gym tomorrow, and discuss my situation with the staff/manager

WhenIam64

The form doesn't recognise either of my 2 emails

Have you details of sending the emails? That should be good enough.

If you want to check if they received them, then send a Subject Access Request to confirm.

Not all terms in a contract can stand up to scrutiny and as you say they do have previous.

CainDingle

I couldn't send an email, as it needed a valid email attached to an account to hit the send button on the form. None of my email addresses worked for this.

I did go into my local gym later that same day though

EssexHebridean

Do you have a record of termination at the gym when you went in then? That's the first time you've mentioned going in there to cancel as well...did they give you something confirming the cancellation at that point?

CainDingle

Sorry, my bad. When I said I spoke to my friend who works there, I meant that I'd gone into the gym and she was working that day.

They didn't give me any proof, but I went back into the gym today. They have it on their system that I went in and that my membership was cancelled on that day, but Harlands still want the outstanding balance to be paid.

I did speak to the manager today, and he said that on the record, the gym want me to pay up.

Off the record, Harlands have previous of threats to send the debt to a collection agency, but this agency is just the same company under another name. They threaten court but never go through with it because, as I never signed a credit agreement with them, they have no power to chase.

WhenIam64

They have it on their system that I went in and that my membership was cancelled on that day,

here's an online form that they say I need to use to give them 30 days notice.

Get a printout of that as "personal information". The second issue is what do the terms of the contract say? If the terms are indeed 30 days notice, you have somewhere between 30 and 60 days to pay depending on whether it is 30 working days or some other definition e.g. one month from the last day in the month you gave notice.

It's all down to definitions in the contract and once you are clear on what exactly is your liability, then you can offer that and tell Harlands to swivel for the rest. After all it is their own money they are wasting try to beat their head against defined contractual terms.

CainDingle

Found an online copy of their terms and conditions:

9: If you have fulfilled your commitment to the membership you have joined, you may prevent the Automatic
Renewal at any time by visiting the Xercise4less website and submitting an online cancellation form (you
should give us (Xercise4Less) not less than 30 days’ notice).

10. Harlands will manage and process the cancellation of your membership upon receipt of a properly submitted
cancellation request form either via the cancellation option in your Xercise4Less app or the Xercise4Less
website. Should your direct debit be cancelled at any time you may incur fees as a result of any missed
payments. If you wish to have confirmation of any amendments to your account at any stage please contact
the Harlands helpline on xercise4less@harlandsgroup.co.uk or by phone on 01444 449033.


I'm guessing that makes it one months fee (in my case, £9.99)?