gym membership debt HELP!

moo_cow

hi all, looking for some help regarding my son's old gym membership. He was with a local gym for about a year or so and then they closed down. Their new gym was miles away so my son was unable to get there. He tried to cancel and was told to join a new gym locally and they'd transfer his membership as he was still tied in to a contract. He had a look at the gym they'd recommended, gave it a whirl a couple of times, didn't sign anything other than an accident disclaimer and it basically was no good at all for his needs so he didn't join. He cancelled everything with the bank and heard nothing more for about 6 months until today when he has recieved a debt collectors letter. He's only 19 and is worried to death. my arguement is that if they closed down how can he still be tied in to this contract? But I bet it isn't that simple. He's going to phone them (debt collectors) on monday but needs some advice. any ideas?

thanks guys!

Jesthar

moo_cow wrote: »

hi all, looking for some help regarding my son's old gym membership. He was with a local gym for about a year or so and then they closed down. Their new gym was miles away so my son was unable to get there. He tried to cancel and was told to join a new gym locally and they'd transfer his membership as he was still tied in to a contract. He had a look at the gym they'd recommended, gave it a whirl a couple of times, didn't sign anything other than an accident disclaimer and it basically was no good at all for his needs so he didn't join. He cancelled everything with the bank and heard nothing more for about 6 months until today when he has recieved a debt collectors letter. He's only 19 and is worried to death. my arguement is that if they closed down how can he still be tied in to this contract? But I bet it isn't that simple. He's going to phone them (debt collectors) on monday but needs some advice. any ideas?

thanks guys!

Can't help with the contract itself, but the standard advice around here is to NOT phone them, as debt collection agencies are some of the biggest bullies imagineable on the phone, and will threaten just about anything to get you to part with your money. Someone around here should be able to suggest a standard template letter to send to them (DON'T sign it, just print/type your name, as some of these lowlifes have been known to forge signatures).

~Jes

moo_cow

thanks jes, didn't know this. hope someone can suggest a letter to them as I wouldn't have a clue. Thanks for the advice about not signing too. didn't know this.

Walshyboy84

Thought I'd bump this one as this tends to happen a lot!

Hope it gets sorted!

moo_cow

thanks walshyboy84 !

moo_cow

i'm just going to bump this one again myself

moo_cow

sent them a letter (DCA)yesterday explaining that the gym had closed so as far as I was concerned they have broken their own T&C's and how could he possibly pay for a subscription with no gym........... and they phoned today leaving a contact number for my son to phone. obviously I have advised him not to do this. any ideas what to do next? they're certainly on the ball ! bit worrying that. I need to be able to bite back with something or he'll end up getting bullied into something he can ill afford to pay. any advice at all guys would really be appreciated!

Useless_with_wonga

Well it seems to me that you are disputing the fact that your son owes this money in light of the fact that the gym closed down and they breached their own T and C's. You can write to inform them that you do not acknowledge the debt.
Also search CCA on the boards it will throw up loads of info in the meantime write to them asking them to prove it. Don't even bother speaking to them on the phone they are interested in one thing and one thing only and that's getting money out of you. I dare say they won't give a monkies what you have to say. Remember don't sign any letter just print;)
Not sure but when i belonged a Gym I paid monthly by DD if the Gym had closed i too would have stopped the DD how can you owe for what you haven't had? No defo Dispute Dispute and Dispute don't admit liability and don't pay a penny until they prove it. If they have no paperwork to back up their claim then it's "Thanks for calling/writing but kindly Bog Off"

Dear Sir/Madam
Account No: 123456789
You have contacted me regarding the account with the above reference number, which you claim is owed by
myself.
I would point out that I have no knowledge of any such debt being owed to DCA.
I am familiar with the .Office of Fair Trading Debt Collection Guidance. which states that it is unfair to send
demands for payment to an individual when it is uncertain that they are the debtor in question.
I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment
when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or
disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing
to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above accounts unless you can provide evidence as
to my liability for the debt in question.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a
complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.
Yours faithfully
Mr R Smith

charlotechai

You'll probably have to look at the contract carefully. For some gym memberships, a person is tied to only one gym and can only have access to that one in particular. Other memberships that are more costly give you access to all gyms in a certain area or certain gyms of a certain category (like in the states, 24 hour fitness has four different "levels" of gyms. I have a "sport" membership and I can have access to all the "sport" gyms . . .whether it's near my home, work, 5 hours away, etc.). If your son was tied to just that gym and it closed down, then he shouldn't have to pay anything at all.

If, however, he signed up for a membership that gives him access to all the gyms (like mine) then he might be in trouble, especially if he didn't sign anything WITH the gym to cancel the membership (sounds to me he only went to the bank). Just because a gym closed down doesn't mean the whole company shut down office, so he might be liable to pay. I know, big companies are sneaky, especially the ones that sign you up on contracts, like phone companies, gyms, etc.

So I'd advise looking at what type of contract your son signed. . .this legal business is really tricky and I'd recommend that you get some legal advice/help.

Good luck!

moo_cow

thanks guys for the info. i'm not real good with these things and just don't want to see him ending up paying for something he hasn't had. with regard to the membership, he went to another local gym to see what was available and they wanted him to join. He said no as he didn't want to be tied into another contract incase it didn't work out. they then offered to take over his other membership on a shorter contract if you see what I mean. they were obviously desperate for business. but no reference was ever made to them being linked in any way. so I don't think they were linked in any way. I will send another letter. will use yours 'wonga' as it looks pretty good to me. These people are ruthless and yes, you're absolutely right. they're not going to listen as they're nothing to do with the gym other than getting money from people. It's a bit odd though as it's gone so long. could it be possible that this has been 'sold'?
anyway, all your advice guys has been really appreciated.
thanks!

kiora

I used to work in a gym and usually the gym you join is the one you pay for, if the price is the same as other gyms in different areas you can et reciprical use, one word of caution tho, many gyms run a rolling contract and if you are tied into a contract for a year, after that year the contract will still run, best advis is to write to the head office of the gym and explain the situation, your son is probably not the only one affected. I would also try and fid his original contract if you can and read the T&C's.

HTH