Cancelled Direct Debit to Gym - now they've sent me to collections

[Guest]

I'm not certain if this is the right place so please feel free to redirect me!

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Hi,

Let me preface this by saying that with my old gym, the way to cancel was by cancelling your direct debit.

However, I did not take into account that at my new gym I was under contract for a further 4 months (Dec 2016-Dec 2017) when I cancelled.

This morning they sent me a text stating "Dear Member. Your account is in default and will be passed on to a third party debt collector if unresolved. To prevent this call us on x to settle". Important wording here on 'third party' as the gym also owns a debt collection agency which it seems to be using to try force their admin fee out of me.

When I called them they claimed that the debt was already in collections (a debt of £9.99) despite the fact the payment was due on the 22nd, only 3 days ago.

They advised me that because they've sent it to collections (even though it's only been 3 days) they would charge me a £25 fee, the £9.99 I owe (which I am wholly willing to pay), and some other further BS charges that amount to £44.99 or £64.99 depending on who is selling you the BS. To just run my contract out would have cost me £39.96.

Ideally, I would like to pay off my 'debt' to them and cancel my contract (which I am within my right to do so due to relocation which meets their contract terms).

How can I pay down my 'debt' and get to the stage where they will accept my cancellation? I requested it outright but they insist on their ridiculous charges.

I suppose what I'm trying to achieve here is to not pay the BS fees they're stipulating, I'm trying to be fair. In hindsight I know I should have gone through the proper channels to cancel it, but when you have a lot going on due to moving, it's easy to forget a few things here or there.

Thanks in advance for your time and help
James


P.S:

After typing all that out I'm wondering how much sense it actually makes as these things are very complicated, I will try to summarise events in stages here:

~August 10th: Cancel Direct Debit as a means of cancelling gym membership

~August 22nd: Miss gym payment which I am contracted to make, with no notification of it from gym

Morning of August 25th: Recieve a text stating "Dear Member. Your account is in default and will be passed on to a third party debt collector if unresolved. To prevent this call us on x to settle"

The afternoon of August 25th: Request information on settling, advised I'd need to pay £35-55 in ridiculous fees although I've missed a payment by only a few days, and am within my right to cancel the contract now.

[des8]

Re: Cancelled Direct Debit to Gym - now they've sent me to collections

What do the T&Cs say about charges for late payment?
You could name and shame so we can find their T&Cs online.

[Guest]

Re: Cancelled Direct Debit to Gym - now they've sent me to collections

What do the T&Cs say about charges for late payment?
You could name and shame so we can find their T&Cs online.

Hi Des,

Didn't think to look for that info in the T&Cs but now I've looked they do state:

5. If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque isreturned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us (HarlandsServices) on demand an administration fee of £25 (which we (Harlands Services) require to cover our costs ofseeking to pursue such payment from you).



Full doc can be found here: https://www.snapdda.co.uk/Clients/Xe...Conditions.pdf

[des8]

Re: Cancelled Direct Debit to Gym - now they've sent me to collections

So I think you'll be stuck with the £25 fee as it is part of your contract, plus the missed payment
No idea where their other charges come from.
I would pay the £25 + missed payment, and cancel as per their T&Cs.
Initially ignore their request for additional charges. If they repeat them ask for confirmation in writing from them, together with justification.

[Guest]

Re: Cancelled Direct Debit to Gym - now they've sent me to collections

So I think you'll be stuck with the £25 fee as it is part of your contract, plus the missed payment
No idea where their other charges come from.
I would pay the £25 + missed payment, and cancel as per their T&Cs.
Initially ignore their request for additional charges. If they repeat them ask for confirmation in writing from them, together with justification.

Thanks, that was my understanding too after reviewing the contract, I will try to push them for that.

Thank you again for your help.