Gym Payment - So angry!!

CheesyWiggles · 21 September 2014 at 9:25PM

Hi,

I filled in an SOA on another thread, and have been using YNAB over the last week or so. I've been going through my bank statements in a separate exercise.

Im angry because I feel like I am starting to get a handle on things and notice that despite cancelling my gym contract on 7th July, they have continued to take payments from my account. The payment on the 1st August would have been taken becuase they state that they require 1 months notice, though a payment came out on the 1st September too. This is not within the original contract, and I made them aware in good time and in good faith.

I have now cancelled my direct debit but I am livid! I have gone through my mobile phone bill and found the record where I called them, so I have proof of the phone call.

What chance do I have of getting the payment returned, and what do I do if they deny I called them and expect another payment on first October.

NEVER AGAIN!

CheesyWiggles · 21 September 2014 at 9:28PM

I also notice that my phone bill has gone up. Geeze, checking through bank statements is a useful exercise!

For no reason my phone bill is now £7 more than what I agreed to!!!

I was hoping of switching to PAYG, could this be a valid reason to escape my contract? I understand that if the terms are altered I am able to exit my contract.

FireWyrm · 21 September 2014 at 9:57PM

No to the exit of the phone contract. They can put the contract up in line with inflation..sorry. You would have been informed in a letter.

With regard to the Gym, you usually have to cancel by letter. Again, this is a contract. You cant just cancel it over the phone, or by stopping the DD. Now you have stopped the DD, it is likely they'll hit you with a late payment charge and consider non-payment a debt to be recovered. You need to go to the Gym and cancel it there over the counter and get proof that it was done so, or by letter, again, demanding proof of cancellation..

This is of course assuming you CAN cancel your membership under the T's & C's. Please tell us what your contract actually says about how and when you can cancel.

CheesyWiggles · 21 September 2014 at 10:13PM

I can think of any number of contracts that you can cancel over the phone, including this one - I have done so before with this particular gym with no issues. In fact the contract states I must do so via the membership phone line!

CheesyWiggles · 21 September 2014 at 10:17PM

12 minimum direct debits, the last of which was 1st July 2014. I cancelled on 7th July as such they stated the last dd would be 1st August. 1st September is beyond the remit of the contract.

FireWyrm · 21 September 2014 at 10:21PM

CheesyWiggles wrote: »

I can think of any number of contracts that you can cancel over the phone, including this one - I have done so before with this particular gym with no issues. In fact the contract states I must do so via the membership phone line!

Cancelling contracts is easy, if you follow the procedure. Just because they 'let' you cancel over the phone doesnt mean that it was done and as you have discovered, leads to unfortunate mis-understandings. If I had money for every time someone comes on here with a similar tale of woe, my debts would have been paid ages ago.

Cancel a contract in writing and ask for confirmation. Until then, it isnt cancelled in the eyes of the law. A telephone call isnt good enough. Likewise, cancelling a DD does not cancel a contract. If they dont think your contract is cancelled, then they will hit you with a late payment fee if you dont get this sorted out sharpish.

CheesyWiggles · 21 September 2014 at 10:28PM

FireWyrm wrote: »

Cancelling contracts is easy, if you follow the procedure. Just because they 'let' you cancel over the phone doesnt mean that it was done and as you have discovered, leads to unfortunate mis-understandings. If I had money for every time someone comes on here with a similar tale of woe, my debts would have been paid ages ago.

Cancel a contract in writing and ask for confirmation. Until then, it isnt cancelled in the eyes of the law. A telephone call isnt good enough. Likewise, cancelling a DD does not cancel a contract. If they dont think your contract is cancelled, then they will hit you with a late payment fee if you dont get this sorted out sharpish.

It's not a matter of 'letting me' cancel over the phone, it's how the contract and material on the website instructs me to cancel the contract. I appreciate that as a matter of law the case may be different, but I followed the terms stated in the contract to the letter. Not everyone is a consumer law specialist and as such in this situation I can only be expected to honour the terms expressed in the contract that the other party drafted, which I did to the letter. I have proof that I made the phone call, as such I will be expecting them to put this right.

FireWyrm · 21 September 2014 at 10:38PM

CheesyWiggles wrote: »

It's not a matter of 'letting me' cancel over the phone, it's how the contract and material on the website instructs me to cancel the contract. I appreciate that as a matter of law the case may be different, but I followed the terms stated in the contract to the letter. Not everyone is a consumer law specialist and as such in this situation I can only be expected to honour the terms expressed in the contract that the other party drafted, which I did to the letter. I have proof that I made the phone call, as such I will be expecting them to put this right.

Good luck. I wouldnt hold your breath.

When you finish banging your head against a brick wall, I suggest you write to them and cancel the contract properly.

CheesyWiggles · 21 September 2014 at 10:51PM

FireWyrm wrote: »

Good luck. I wouldnt hold your breath.

When you finish banging your head against a brick wall, I suggest you write to them and cancel the contract properly.

You have offered good advice on my other thread FireWyrm, which I appreciate but you might want to reign in the condescension a little. I appreciate that I am a complete stranger to you, but clearly this issue isn't as simple as you state. I have cancelled the contract 'properly' as stated in the almighty contract.

FireWyrm · 21 September 2014 at 10:57PM

CheesyWiggles wrote: »

You have offered good advice on my other thread FireWyrm, which I appreciate but you might want to reign in the condescension a little. I appreciate that I am a complete stranger to you, but clearly this issue isn't as simple as you state. I have cancelled the contract 'properly' as stated in the almighty contract.

Then you should be able to sort this out first thing tomorrow morning with a quick phone call to this 'cancellations' line you quote. Please let us know if this works out, it is always nice to hear that someone has had a positive outcome.

PS, Its not condescension, it is cynicism. I was being serious in my last comment. There are any number of 'miscommunications' that can continue to hamper your efforts to sort this out.

lynz68 · 21 September 2014 at 11:19PM

The same thing happened to me a couple of years ago. I rang up complained and they refunded the payment. It only happened the once, to be honest I think they just chance there arm in the hope you won't notice.

Gym Payment - So angry!!

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