Gym has taken money from my account, AFTER my membership expired

BeckyH

Hi Guys,

Im just looking for advice as for 2 months after my 12 month membership expired the gym has taken £20 per month from my account. Because I didnt make any provissions for this I have incurred 2 x £35 bank charges.

I contacted the gym who said I had to put it into writing to head office which I did. After no reply I rung and spoke to them today and they said because I didnt put in writing my notice to terminate my membership technically I OWE THEM money but as a gesture of good will they have cancelled my membership. The month before my membership ran out I emailed the manager (via the website so I dont have proof) stating that I wish to cancel my membership and I got a phone call back saying I had 1 more payment due then it was over, they confirmed this for me.

So basically they wont give me money which Im owed (£110). I have 2 friends who used the same gym, when there 12 months was up there membership cancelled (they didnt put anything in writing) but because they have made a mistake they are trying to cover there bums.

The gym is Total Fitness a large company with gyms nationwide, £110 is nothing to them.

Does anybody know what legal rights I have??I dont want to see a solicitor etc but this is now about principal. They are in the wrong so I wont settle until I have my money back.

All advice appreciated.

Thankyou

emma_jane1987

I have been a member of Esporta, Fitness First and Council run gyms and every single gym i go to. I cancel it over the phone, then i send a fax, then i send an email then i send it recorded delivery so no way can they say that they haven't received my membership. Gym will try and con you out as much money as they possible can. My friend had the same proof as me but they still carried on taking money out with her getting bank charges and they still refused to pay her any money back let alone compensation for the hassel it causesd her. I'm not too hot on the legal side of it but if you have no written writing that they actually received your cancellation of membership then you don't have a leg to stand on. Have a look on the website of this gym and check the questions page it will explain how to cancel membership. Just take it as a lesson learned and if you join another gym you will know the correct procedure.

BeckyH

Thanks for the reply,

Technically I have cancelled it over the phone and in writing. I also received verbal confirmation that my membership would be cancelled. I understand what you mean, but they didnt do this to my other 2 friends so why me? Like I say it is now about principal so I am going to do my best to get my money back. I just need to know legally where I stand.

BeckyH

Thanks Zebedee...I have contacted them for my money returning but they have refused!! I just hope this wont be a lesson costly learnt.

nobblyned

BeckyH wrote: »

,

I have 2 friends who used the same gym, when there 12 months was up there membership cancelled (they didnt put anything in writing) but because they have made a mistake they are trying to cover there bums.

So what exactly does your contract say? 12 months, after which membership ends, or a rolling provision of some sort? Wopuld find it strange that your friends contracts were cancelled without them asking.

Millennium

Hi Becky

Assuming you were paying by direct debit, call your back and explain the situation. Under teh Direct Debit Guarantee Scheme you are entitled to a 'full and immediate refund'.

I had some money taken from by business account (Limited company) incorrectly recently and the bank immediately refunded the money. I didn't realise the scheme covered businesses as well as individuals but it does!

Anyway - if the bank query your request challange it. You have the right to claim it back under the circumstances. You should also request a refund of the bank charges incurred (although it's not strictly part of the scheme I sure you can argue the case).

If the payment is by a debit card I'm afraid that it will be more difficult, perhaps others on the site will know what to do in that case.

Good luck!

Clive_Woody

Generally with gyms you sign a contract with a minimum of 12 months membership. Once the 12 months is up you can usually terminate the contract by giving them notice in writing (usually best to send by recorded delivery), the notice period will vary but will generally be one months notice.

If the gym does not receive notice that you wish to terminate the contract, them most likely they will contune taking monthly payments on the assumption that you wish to remain a member and continue to use their facilities.

SandC

It's happened to me as well with a council run gym. In the end I cancelled the DD so they couldn't take any more out - I never heard from them again (initially I thought after a year your contract was over, I hadn't realised you had to put it in writing but even after doing that money kept coming out).

Basically I put it down to experience. I'm not sure what else you can do that won't end up in more expense and stress on your part.

From my point of view in the future I will give the required month's notice in writing, recorded or special delivery (and will get the proof that it was received), then after the last month's DD has come out I will cancel it with the bank. They won't bother after that, they just rely on being able to keep getting debits.

BeckyH

Thanks for the replys guys, especially millenium. I am going to contact my bank on monday and argue the case (quoting the direct debit scheme), hopefully they will give me what im owed. I will be challenging them over the charges also. I shall let you know how I get on.