Cancelling my gym membership

ahall41116

i am a member of a local gym, who use asbourne leisure management to run the membership process.

i rang the gym, they said i could cancel, rang ashbournes, told them i had just cancelled my direct debit, and could they update their records accordingly.

they got all shirty, re-set up the direct debit without my approval, and took a months membership, plus a late payment fine.

i got the money back from the halifax, but they are now threatening to sue me!

Debs12

When I signed with bannatynes I got a copy of the contract to take away with me! It was a carbon copy so very strange that you didn't.

I stayed with them 2 years moved house to a diffrent area so now with LA fitness.

sorry I can't help you. Basically gym membership is like mobile phones or cable or sky contracts you are tied for 12 months (unless a special deal like £50 for 30 days) Banaatynes also have a deal were you pay like £30 for 4 sessions to see if you want to join and every xmas the day 10 days for £20.

Basically never sign a contract in a hurry.

However, writing to Manager may help or going to recipeiton and causing a seen. They dont like that I notice (gym employees) trying to calm people down with all sorts. I would try a letter, telling how you feel you were not aware of the deal or given a copy of the contract at the meeting. Then if that does not work the seen at the desk.

Also cancel the DD at the bank ...you can always dispute any trace on your credit file if it goes there...and please always read what you are signing from now on!

Good luck

missgiggles2008

Hi

I am currently a member of the cannons gym company - i had my contract started mid july - it says in my terms of contract i have 14 days where i can decide, if i decide within this time it wasnt for me, i just pay for what i have used. I got a copy of my contract when i signed up - i would of thought it would be your legal right to have a copy of what you have signed.

Hope this helps

Mechanic

In my experience Bannatyne's do not make people aware of their very very small print. It is all well and good to say you should read the contract but it is lengthy and in my experience the sales staff do not give any indication to prospective members of just how difficult it is to cancel membership once they have signed up.

briona

Mechanic wrote: »

In my experience Bannatyne's do not make people aware of their very very small print. It is all well and good to say you should read the contract but it is lengthy and in my experience the sales staff do not give any indication to prospective members of just how difficult it is to cancel membership once they have signed up.

It is up to YOU to read the contract, regardless of whether it it "lengthy" or not. Equally if you would like to know what their cancellation policy is, you could always ask them, rather than assuming that you would be told...

olly300

OP I suggest you write to the gym's head office. Which and other consumer bodies do not like gyms as many of them have unfair contract terms. Also every single gym I've been a member off including David Lloyd's and Cannons have given me a copy of their terms and conditions to take away with me when I signed up.

Make the subject of your letter to the gym - "Formal Complaint - Breach of the Unfair Terms in Consumer Contracts Regulations 1999". State that you asked - giving the date and details that you for a copy of the contract's terms and conditions twice. State that you were not given a copy to take away with you when you signed the contract, they refused to give it to you when you asked and their refusal is a breach of the Unfair Terms in Consumer Contracts Regulations 1999 as they cannot expect a consumer to be bound by a complex contract's terms and conditions if the consumer is unaware of them and they refuse to give them to the consumer. State you are cancelling your contract with them and you will cancel all direct debits within 14 days. Also put in the letter if they attempt to take the money from you by resetting up the direct debit, chase you with debt collectors or credit blacklist you, you will purse them through the courts.

Send the letter to the head office by recorded delivery. Most importantly keep a copy of the letter and the recorded delivery slip for 6 years.

If they do try and take the money out of your bank account then:
1. Then write to your bank using secure email via online banking or a letter, and ask for the direct debit to be repaid under the direct debit guarantee. My experience and some of my family members is that if you ask in person the bank staff member normally comes out with rubbish so they don't have to do it.
2. Contact the gym again in writing using recorded delivery. Again give your letter the subject "Letter Before Action - Breach of the Unfair Terms in Consumer Contracts Regulations 1999". Refer them to your first letter giving the date of that letter (don't go into details) and give them 30 days to stop their action. Inform them if they don't stop you will take them to court and they will be liable for costs.


If they don't leave you alone then you after 30 days you can start court action using moneyclaimonline.

I have used this tactic against some other companies and I have noticed if you state clearly the law that you think they are breaking and you will take them to court after 2 letters send by a method that you can prove they got them they will leave you alone.

Primrose

My gym (LA Fitness) requires a month's notice. I've bought a cheap £3 carpet offcut toavoid wearing out our fitted carpet and will save around £400 gym membership next year by doing press-ups and running on the spot on my carpet square whenever the evening TV adverts come on. Not quite as effective as using a cross trainer, but much cheaper!

olly300

Just found this:
http://www.bbc.co.uk/watchdog/consumer_advice/latest_fitness_first_pic.shtml

If your gym contract is complex and the gym won't give you a copy of it also complain to Trading Standards - https://www.tradingstandards.gov.uk

You will still however have to take your own action to get out of the contract but the more pressure you apply the less likely they are to do it to someone else.

arles417

If you cancel your dd with bannatynes, they will send you an invoice for the remainder of the 12 months to be paid immediately.
You say that you did know and never received a copy of the contract (the green thing you signed) but they will just say you must have as you did sign the contract. They will also point out that when you signed the dd form, there was an extra box that you also signed that stated that you agreed to be a member for a minimum period of 12 months. If you didnt sign any of the above go in and get them to photocopy them for you (they keep copies on site). To tell the truth Bannatynes dont legally miss-sell many membership and they take their defaulting members to court.

I worked for them and had the nasty job of taking members to court and only lost once as all you when in court is present the contract, give the dates amounts and show the signatures. The judge just really checks if the contract has been breached by any side, and checks if the contract has been deemed as fair by the OFT (it has as it was changed about 4yrs ago, and is the only reason that I lost the one court case).

If you want further info on the contract in relation to the Office of Fair Trading, just do a search for Bannatynes on the OFT website.

SandC

Not all gyms work the same way but it is usual to sign up for 12 months (and remember you still have to give one month's notice of cancellation after that time, they won't stop taking money out until you tell them to). The fact that you have waited until 5 months later to cancel means that any contractual cooling off period wouldn't be relevant anyway. If you signed anything at all (which you would have done re the monthly payments) then even if you didn't take a duplicate copy away with you the T&Cs would have been there for you to read - which is your responsibility.