Xercise4Less/Harlands

I'm sorry for the long post , but I'm adding my experience with Xercise4less and Harlands in case it is helpful to anyone else. I quite liked the gym - but their attempts to profit out of people not sticking to a strict administrative procedure, when the failure of a customer to do so does not seem to have any negative impact on them, is unreasonable and arguably illegal. This is my exchange of emails with them - over about a week in late March 2018.

I was very relieved and kind of grateful that xercise4less withdrew the penalities and charges - but there's a lot to suggest that it wasn't particularly an 'act of goodwill'.

Me:

Dear Sir or Madame

Membership number: ********

I have been advised to contact you by the membership support line.

By January this year I had not attended the gym for some time due to an injury. Given the chronic nature of the injury I reluctantly came to the decision to cancel my membership.

Unfortunately I made the mistake of cancelling my direct debit without properly cancelling my membership. I had intended to follow this up but forgot about it. I then received on the 13th March a letter from Credit Resolution Services stating an outstanding balance of £104.97.

This was the first I heard that there was a problem. Unfortunately I had changed mobile number some time ago and so did not receive text messages - if these were sent - and again i accept that I am at fault for not updating my contact details. But as far as I am aware I did not receive a letter from Harlands.

This is an amount that would be difficult for me at the moment to afford - as would the £54 that was offered when i phoned the membership support line. Additionally, given that i acted in good faith, and that i generally kept my account in good order during the course of my membership, and that I had not attended the gym for some time prior to my cancellation of my direct debit, and did not use the service at all afterwards, I would be very grateful if you would consider wavering this penalty.

Best wishes

*******


xerxise4less

Good morning

Thank you for your email

I am afraid we are unable to remove or reduce the charge to less than what has been offered by the membership support team.

Please call them on 0113 203 8602 to resolve.

Kind regards

**********

Me:

Thanks you for your reply.

Are you able to let me know what the reasons are for why you're unable to remove or reduce the charge further please?

Kind regards

**********

xercise4less:

Good afternoon

We are unable to remove any charges applied as you had unfortunately not followed the correct cancellation procedure as advised in your terms and conditions, therefor this has put your account in to default.

You will need to contact our membership support team on 01132038602 to pay the arrears owed to resolve, please see terms and conditions attached for further information,

Kind regards,

*********

Me:
Good afternoon.

Thank you for your reply.

I'd appreciate that I did not follow the correct cancellation procedure, but you have not indicated how this has impacted your business operation in any substantive way. Given that you purport to value your customers I trust that you would not wish me or anyone else to think that it is an arbitrary and unfair way of making money out of your customers.

Furthermore, would you please send me a breakdown of the amount I owe, and a breakdown of the costs (administrative or otherwise) that you have incurred as a result of late payment.

Kind regard

**********

xercise4less
Good afternoon

These processes are in place so that the cancellations are actioned accordingly, all members are required to follow these that have been applied as agreed to in your terms and conditions, Please see these attached for further information.

Please contact our membership support team on 01132038602 for a breakdown of your arrears as they will be able to assist you further with resolving this,

Kind regards,

**********

Me:
Good afternoon

Thank you for your reply.

I note that you have not stated how my failure to follow the correct cancellation procedure has impacted negatively on your business or service. It seems reasonable from this to assume that it therefore hasn't.

Thank you for your reference to the members help line.

However, I would like you to provide in writing a breakdown of my arrears and of any costs incurred by you as a result of the cancellation of my direct debit or late payment. I understand this to be a basic legal requirement. I will then make use of the help line if need be.

I would also like to take this opportunity to remind you that it is not possible for terms and conditions of a contract to overwrite the law. In short it is not possible for a customer to sign away their consumer rights.

I looking forward to receiving in writing the break down of the monies you claim are owed to you.

Kind regards

***********

exercise4less:
Good morning

As a goodwill gesture, we have cancelled your membership down with all charges removed and no further payments to make, It can take Harlands up to 5 working days to receive and action our requests, please ignore any correspondence regarding arrears within this time frame.

Please take this email as confirmation for the cancellation of your membership.

Kind regards,

**********

!!!59154;

Excellent letter jon7519

You left them with no where else to turn, and they could not back up there claims with a single piece of legislation.

Default charges for credit accounts have been set at no higher than £15 by the FCA.

Any company, regardless of the contract you may of signed, attempting to charge more, must be able to justify it, and obviously they cannot do so.

Well done sir, i would like your post 1000 times if i could, this is a prime example of how to deal with these people.