Harlands Chasing Debt Arrears for My stopped Gym Membership

If you’re worried about a letter you got from Harlands about an old gym membership, this article is here to help. Every month, more than 12,000 people get advice from this site on how to handle debt issues. Here’s what we’ll cover:

• Who Harlands are and if you must pay them.
• How Harlands work and if they follow rules.
• If you can make your payments smaller.
• How to react when Harlands reach out to you.
• What to do if Harlands can’t prove you owe them money.

We know that getting a letter from a debt collector can be scary. But don’t worry, we’re here to help. Some of us have been in the same spot as you and have had to handle owing money and not knowing what to do next. That’s why we want to give you the best advice to make things easier. Let’s dive in to find out how to deal with Harlands and their debt collection letters.

Should you respond to a debt recovery agency?

Yes. You should respond to a debt recovery company when they get in touch with you. Even when you know they’re chasing the wrong person due to a clerical mistake.

Harlands will ask you to pay the amount owed in full. Or they could ask you to set up a payment plan with them to clear the total debt.

A representative from Harlands may encourage you to make the payment over the phone! However, you shouldn’t admit or fork any money over to debt collection agencies until you’re satisfied that:

• The debt isn’t too old to enforce
• It’s your debt!

It’s far better to communicate with Harlands rather than throw a debt letter away because you think you don’t owe any money to anyone!

Is the debt yours?

The next thing to determine before you admit, sign or fork any money over to Harlands is whether the debt is yours!

Mistakes happen whether clerical or other and a debt recovery company could be chasing the wrong person for a gym debt.

That said, if the original letter doesn’t contain solid proof that you owe money to someone, the debt can’t be enforced through the courts.

You won’t have to pay even if the debt is yours!

Should you ask Harlands to prove the debt?

Absolutely. You should ask Harlands to prove you owe the money whether the debt is yours or not.

Moreover, debt recovery companies are obliged to respond to your request. The advantage of sending a prove it letter is:

• First, Harlands can’t escalate things
• Second, you get a little time to sort your finances out if needed

You should send Harlands a ‘prove the debt’ letter by registered post which they must respond to in a timely manner. Also, you shouldn’t sign the letter, instead just print it where your signature should go.

Nothing can be done until a debt collection agency proves you owe money. They can’t just ‘say’ you do. Harlands must provide you with authenticated copies of any agreements or contracts you signed.

Moreover, it’s the original lender/creditor who must authenticate all the copies of a credit agreement you signed! If Harlands fails to produce adequate evidence that the debt is yours, you can’t be forced to pay.

What if Harlands can’t prove the debt?

A judge would not rule in a debt collector’s favour if they don’t have solid proof that you owe the money!

In short, without sufficient proof the debt is yours, Harlands would have trouble enforcing it through the courts without an authenticated copy of a credit agreement.

It means you can’t be ordered to pay what’s owed even if the debt is yours!

When is a debt too old to enforce?

As mentioned, a debt is too old to enforce when it’s at least six years old which means it could be statute barred.

However, there are specific factors that play into whether a debt is statute-barred or not. For example, it’d only be unenforceable through the courts if the following applies:

• You hadn’t admitted owing the money in six years
• You never paid anything toward settling an outstanding amount in six years
• A court hasn’t issued a County Court Judgement (CCJ) against you over it

When a debt is statute-barred, you won’t have to settle it.

What happens when you ignore a debt collection letter?

As mentioned, you’d be bombarded with payment demands. You could receive lots of unwanted calls, text messages and emails. All of which can be very distressing especially if the amount they claim is outstanding isn’t very much!

Harlands debt collector could take you to court if they own the debt. If they’re working on behalf of a client, they could advise the client to take legal action against you!

That said, there’s never any guarantee that a threat of legal action would be followed through on. It’s always a bit of a gamble as to whether the threat is empty or not.

The last letter you’d get from Harlands is a Letter Before Action (LBA). It’s a notice of intended legal action which you shouldn’t ignore whether the debt is yours or not!

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What if you don’t pay Harlands?

Harlands won’t give up chasing you when you don’t pay. That said, like all debt recovery companies, their powers are pretty limited.

In short, they have the same powers as the original creditor they’re working on behalf of. For example, they can send you payment demands and threaten you with court action, but that’s about it!

A Harlands debt collector is not a court-appointed enforcement officer and they can’t pretend they are!

Should you check if the debt is statute barred?

Absolutely! You should check whether the debt is too old to enforce before doing anything else.

You should admit, sign or agree to anything until you establish whether a debt is too old to enforce through the courts!

If you find it’s 6 years old, Harlands can’t force you to settle what’s allegedly owed because courts won’t take on cases where a debt is statute barred.

What can Harlands do?

As mentioned, Harlands are regulated by the FCA and must follow the law when they contact you. A Harlands debt collector must respect your privacy and your rights when they contact you.

As such, there are things they can say and do which are totally legal. For example, Harlands debt collectors have the right to:

• Contact you about an alleged debt by letter, email, text or phone. They can visit you at home if you don’t respond to their letters, phone calls, emails or texts
• Discuss the problem with you discreetly showing empathy towards your personal circumstances
• Ask you to pay them rather than the client
• Add interest and late fees to the debt (if specified in an original credit agreement or contract)

You can’t stop Harlands debt collectors from doing any of the above because it’s within their rights to do so. However, a representative must remain polite when they discuss missed membership payments with you.

What can’t Harlands do?

Harlands and any of their representatives would break the law if they did or said any of the following things:

• Bombard you with phone calls, texts, emails, letters and constant visits
• Discuss a debt with your employer, neighbours, friends or even a family member which contravenes the UK’s privacy laws that protect you
• Call you when you are at your place of work unless you said they could
• Make out they have the same powers as enforcement officers (bailiffs)
• Add an excessive amount of interest every day to an original debt
• Threaten or intimidate you in an abusive manner
• Use documents that seem to be issued by a court
• Use legal jargon to confuse you
• Urge you to borrow more to pay what’s owed
• Force their way into your property, clamp vehicles or seize possessions

You have the right to file a complaint against Harlands debt collectors when they act unlawfully.

First, you should complain to Harlands and give them a chance to put things right. Next, file a complaint with the Financial Ombudsman Service (FOS).

What happens when you ignore a court order to pay?

When you refuse to settle a Harlands debt even when they proved you owe the money, things will escalate and you could face court action.

If you continue to ignore things and you fail to pay Harlands debt collectors, a judge could rule in their favour. The court will issue you with an ‘order to pay’ which means you’re liable for the debt!

In short, there’s no getting out of paying Harlands debt collectors!

A County Court Judgement (CCJ) is registered on your credit file. You’d have trouble getting a credit card, bank loan or mortgage with a CCJ on your credit history.

Moreover, Harlands could apply to the courts for the following:

• A Third Party Debt Order which means the money owed is taken straight out of your bank account. You may have to pay a fee on top of having the amount you owe frozen in your bank account!
• An Attachment of Earnings which means your employer is ordered by the courts to deduct money from your earnings. The amount is paid to the courts before being sent to the creditor!
• Enforcement action which means court-appointed bailiffs (now called enforcement officers) will visit you at home and seize possessions to pay off what’s owed. You could incur further charges!
• A Charging Order uses your home as security against the amount owed. However, the amount you owe would need to be significant for this to happen

How should you deal with Harlands?

You should check all the details in any correspondence you receive from Harlands. This includes:

• Checking the date is not statute-barred
• Establishing the debt is yours

Once you’re satisfied the details in a debt letter are correct, you should respond to Harlands sooner rather than later!

If you can pay the amount owed in full, do so. It’ll save you a lot of stress, time and money.

However, if you’re struggling with your finances get in touch with a debt adviser but let Harlands know. Debt collection companies must allow you enough time to seek independent advice!

Can you prevent Harlands from contacting you?

No. Unfortunately, you can’t prevent Harlands from contacting you. A debt collection company is within the law to get in touch with you.

It’s their business to collect debts for their clients or because they purchased them from other companies.

However, you can stop the constant calls, texts, emails and letters by writing to Harlands. You can state how you want them to get in touch with you.

Ideally, this should be in writing by letter. It means you have proof of their demands and responses to your queries! You might need these if you’re taken to court.

Send the letter by registered post and don’t sign it. Instead, print your name at the bottom of the page. Not all debt collection companies act ethically and your signature could be used on documents you’ve never seen.

For example, they could use your signature on a payment plan you never agreed to!

Can a debt collection agent enter your home?

No. Definitely not. Debt collection agents don’t have the right to enter your property. If a representative tries to force their way into your home, call the Police straight away!

Then report them to the Financial Ombudsman!

How do you contact Harlands?

I’ve listed the various way you can reach out to Harlands in the table below: