Debt with Gym. Advice please...

SarahSausage_3 · 16 December 2008 at 11:40AM

hello,

Sorry if I have posted this in the wrong place.

Me and my fiance joined a gym in June we both work for the local council and there was a special offer at the time which was cheaper membership and you were only in a contract for 3 months. When we signed up to the gym I told the lady where we worked and she said "oh, so your here for the offer" We carried on filling in the details and signed the contract.

In October we stopped going to the gym and I cancelled the direct debit because we couldn't affort to pay the £62 per month anymore. We then got a phone call saying that we had signed up for 12 months and the debt would be passed to a collection agency if we didn't keep paying. I telephoned the head office and explained our situation and I asked if it would be possible to put a freeze on the account for a couple of months and then add the months frozen on to the end of the contract and he said "no" I had to pay by the end of November.

Anyway, it's been passed to a debt collection agency now (Connaught). Shall I just pay the debt with a credit card and then keep paying the monthly payments to the gym? or shall I ignore it seeing as we were tricked into signing a 12 month contract when we thought it was only 3 (I don't have anyway of prooving that though).

Let me know if you need any more info.

Thanks:o

immoral_angeluk · 16 December 2008 at 11:44AM

Unfortunately with most gyms it is a 12 month contract you sign up to, regardless of any opening offer. Unless you can prove you were missold it you're going to have a very difficult time fighting it especially as you continued past the 3 months so essentially you have accepted the full contract. Your best bet is to go down the Gym's complaint procedure and see how you get on but it's very likely you will end up having to pay for the remainder of the 12 months unfortunately.

Alias_Omega · 16 December 2008 at 11:49AM

I would find the paperwork you signed and have a look at that for more info.

That will reveal all really, if there was a 3month deal but you had to cancel within the 90days, or you entered the deal etc.

Now its been passed to the collection agency, it may have increased in charges.

I would find the paperwork and find out if you did sign a CCA (an agreement) or just the application form.

NB: If it was the application form, you did not sign to an agreement and therefore cannot be held to it.

sheepchick · 16 December 2008 at 11:52AM

hi which chain of gyms was it? I am asking as my boyfirend was a member of fitness first, signed into a 12 month contract and decided after 6 months he didnt want to go anymore. What he was able to do was to transfer the membership into my friends name who has taken over the remaining months membership. The money now comes out of here bank and the contract is in her name.

It could be an option for you to transfer if you know anyone who wants to?

Good Luck :beer:

SarahSausage_3 · 16 December 2008 at 11:52AM

Thanks.

I don't think we were given a copy of the document we signed. Do you think I can ask the gym for a copy of whatever I signed?

immoral_angeluk · 16 December 2008 at 11:55AM

SarahSausage wrote: »

Thanks.

I don't think we were given a copy of the document we signed. Do you think I can ask the gym for a copy of whatever I signed?

Yes you are. You can request a copy of any documentation you should've been given at the time of joining, which includes the contract, direct debit mandate etc.

SarahSausage_3 · 16 December 2008 at 12:03PM

It was Canon's gym (they have been taken over by Nutfield Health now). I have tried negociating with them but they are really nasty so I doubt they would let us transfer the membership to anyone else!

foxy_pepper · 22 December 2008 at 6:49PM

With Cannons you cannot transfer a membership to someone else (says in the t's and c's) but is worth asking a member of staff as it is easy for them to do.
Also double check your original paperwork as it has to be completed fully, if they have missed any relevant sections then it may be voided. I heard that at the top of the form they have to tick what membership commitment you are in (either min of 3mths dd, 12mths dd or a prepaid 12 months), if they havent it is voids the contract as that makes clear what commitment you have entered
Otherwise I cant think of much else at the mo.

Fire_Fox · 22 December 2008 at 8:02PM

Don't ask to transfer - this is like trying to wriggle out a of a debt you don't even think is reasonable. Also don't phone, do everything in writing using the template letters from this board.

They have to give you a copy of your terms and conditions/ contract at the time. If you don't have it, ask in writing for a copy now; send your request recorded delivery. Even if it's only a three month contract, they often either go onto a rolling contract after - which means you must give a months notice in writing - or sometimes onto a full contract after the 'trial' three month period.

Debt with Gym. Advice please...

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