gym demanding payment for a contract that is cancelled!

andrew_b6k

My mother had a gym membership, she was paying £50 a month. She has been a member for several years and thus is out of any long-term minimum contract period.

Last summer, she was diagnosed with a thyroid condition which may have been cancerous, she went to the states where my dad lives to rest and also to seek medical consultations over there. She was away from the end of June through September, in which she froze her membership, although they continued to take payments.

She returned in October to have the nodule removed over here. She complained, and they returned the payments and I believe she was told verbally that they weren't happy about it and they no longer wanted her business. I also believe that she wrote to them cancelling the contract, as she was leaving the UK at the end of October to stay in the USA with my dad through this March.

In November I received a letter from their head office saying she owed them £50 for November, as the direct debit had been stopped. I called them, explained that she was out of the country and that to my knowledge the contract was either cancelled or frozen, and the person took my details and said that they would investigate and get back to me.

Now, 3 months later after no correspondance, we've received a letter from a debt collection agency saying we owe £225 and must pay within 10 days. She's tried to speak to the Gym's head office, but nobody will even speak to her as they consider her a payment shirker!! And the club manager has only just started there recently, so he's not familiar with her and doesn't believe her. He said out of the goodness of his heart if he pays £100, he will call it even. So basically our only option is get taken to court and lose, as she won't even be here to attend, or pay up the £100 which she doesn't even owe. More importantly, she's still in her recovery period and shouldn't be stressed so I don't want her to have to deal with the hassle of court.

I also have a copy of an email she sent to the former club manager stating that she was in the US and would be out of the country for four and a half months, but they deny knowledge of this.

I'm just wondering what your advice would be in this situation, as I don't have the first clue what to do but need to sort it out ASAP.

Tootsie_Roll

You really need to check the contract that was signed either at the time her membership started or on annual renewal date. It is not uncommon for 'gym membership' to actually be a personal loan so for her to cancel membership she effectively has to settle the loan early and may still be liable for some money owing - very similar to car insurance etc.

[Deleted User]

my ex gym required a months written notice and in that time they took the membership fee.

It will be in the gym contract so check that and also dig out a copy of any cancellation letter your mum may have sent, preferably by signed for delivery

lottie26_2

Same with me as is with Kittie, I had to write a letter one months before it became cancelled.

me2

I would suggest you send them a letter by registered mail if necessary explaining the position (as per you post above) and also highlight the fact that they have refunded the money previously as it was taken in error. Make it clear you feel nothing is due.

(If it was me i would be tempted to send to the Chief Executive of the organisation as well)

Ideally send to the head office if it is a chain as they should have proper records. Often these things escalate because " computer says" and you need them to review the position manually.

Ask them to clarify exactly what they think the payment is for and how this ties into their contract. Also request they the notify the debt collectors that you have disputed the claim. Send a copy of your email if this helps.

Additionally tell the debt collectors that you have disputed the claim for cash and they should then refer back to their client (the gym) and stop this going further in the short term.

It cant hurt to mention that this is causing unnecessary stress to your mother as often if you get to a senior person they will take a view on the whole thing

p1an0player

Just wondering, would it appropriate to name and shame this company, so that moneysavers who read this can boycott them?

I notice that the company seemed to get particularly nasty after the direct debit was cancelled by the customer, which, as in other companies, seems to trigger debt recovery procedures. It is unfair but it does seem that as a general rule it is less hassle to only let companies cancel direct debits / credit card continous payment authorities and not do so oneself.

It seems that it's generally easier to let a company take too much money of your account and then claim it back off them later. Not that this helps in this case.