Xercise4Less - CRS

[Echo82517]

Hi, first time poster here, seeking advice on how to deal with a CRS letter.

 

I've recently had a letter through the posted to me regarding a gym membership.

 

I joined Xercise4Less Newcastle under Lyme branch in April 2013, and started on a 12 month contract in June 2013.

 

 

In December 2013 we moved address and

 

 

around about September 2014 I decided that I would cancel the direct debit on the understanding that I had competed my years 'contract',

although I never received any details of said contract to my email address.

I understand that I should have probably cancelled properly.

 

14th April 2015 I received a letter from CRS, saying that my exercise for less account is in arrears and I owe £207.47 with £102.50 fees added to this.

 

I'm a bit shocked by the letter,

 

 

but doing some internet research it appears that this is quite common,

 

 

so I was hoping someone could give me some advice on how to deal with them.

[Bazooka Boo]

Hello welcome to CAG......

 

Unfortunately cancelling your direct debit doesn't cancel your agreement with the gym, however,

all is not lost, you will need to put the cancellation in writing, giving them 30 days notice you want to cancel.

 

It’s very simple, if you have fulfilled your commitment to the membership you have joined on, then simply place your 30 day cancellation notice in writing to the relevant club. There is no need to cancel your direct debit with the bank, we will do everything for you, making life as simple as possible. If you wish to have confirmation of any amendments to your account at any stage please contact your relevant clubs’ Operations Manager.

http://www.xercise4less.co.uk/faqs-about-us

 

You should offer them one months membership along with your cancellation notice, to the gym NOT

CRS!!

 

Deal directly with the gym.

 

Keep everything in writing or email ONLY.

Keep a diary of events too.

[slick132]

Hi Echo,

 

Please spend some time reading other threads here and you'll find similar cases.

 

Cancelling the DD mandate IS adequate notice of cancellation. Legal precedent for this was made in the case of The OFT v AMSL in 2011. See the Sticky threads at the top of the gym forum for more about this.

 

It would have been better if you'd given written notice by letter or got a receipt at the gym for cancelling in person.

 

When you cancelled the DD mandate, you should have paid one further month's fee for the normal 30 days notice.

 

You should find a suitable letter to offer Harlands the final month's fee on other threads.

 

Ignore demands from CRS for now and make the offer to Harlands. Get a free Certificate of Posting from the PO when you send the letter to Harlands.

 

[Bazooka Boo]

Apologies.... (again!) my bad.....

 

I shall delete bad advice and insert new correct advice re. cancelling of DD for gym agreements.....

[slick132]

Hi BBoo,

 

You are correct in one sense, that cancelling the DD mandate does not necessarily cancel the gym agreement. In theory, you could continue to use the gym if you agree another means of payment.

 

But the case of The OFT v Ashbourne Mgt Svs Lts in 2011 said that one could cancel a gym m/ship agreement in various ways. Mr Justice Kitchin said in his Penal Order at item 16(ii) methods by which you could cancel - http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

 

And they are (paraphrased) :-

 

1.One can give notice to cancel by words or by conduct, to the gym, the gym admin Co, or to a staff member.

 

2. Notice can be in a written letter or email ........

 

3. ........ or in an oral statement in person or by phone ........

 

4. ........ or by cancelling the DD mandate.

 

5. Or otherwise.

 

[Bazooka Boo]

Gotcha!

[Echo82517]

Hi Guys,

 

Thank you for the advice - I've found the templates and I'll write to Harlands and see what happens.