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Gym Membership cancellation

Hi all,

My wife has a 2 month old gym membership with the local authoriy, for which she has signed up for 12 months. The minimum contract is 12 months and it shall be a rolling month to month contract thereafter.

For reasons that I will not go into here, we would now like to cancel this membership.

I have dug out our copy of the documents that she signed and have noted that she has signed the agreement, but did not date the agreement in the appropriate date field. Similary, the gym representative signed the agreement but also did not date it in the appropriate date field.

Does anyone know for sure whether or not the agreement is enforceable?

My thinking is that it is not, due to the forms not being dated.

Any help is appreciated ! :beer:
Whilst my posts do not constitute financial advice, I am always, without fail, 100% right! :D
«13

Comments

  • sporedude
    sporedude Posts: 1,563 Forumite
    Usually you have 14 days to cancel, After that, Your stuck.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But that's not what he's asking..
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You say 'in the appropriate date field'. giving the impression that it is dated elsewhere. If that is the case then you or should i say she is stuck with it Im afraid.

    Might be a different matter if it is not dated at all.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • mrmajika
    mrmajika Posts: 987 Forumite
    Part of the Furniture 500 Posts Combo Breaker Photogenic
    You say 'in the appropriate date field'. giving the impression that it is dated elsewhere. If that is the case then you or should i say she is stuck with it Im afraid.

    Might be a different matter if it is not dated at all.
    It's not dated at all.
    Whilst my posts do not constitute financial advice, I am always, without fail, 100% right! :D
  • seadee
    seadee Posts: 400 Forumite
    Is this the only documentation that you have?
    This didn't send out a letter acknowledging the membership for example, which might be dated?
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    wouldnt your 1st DD payment set the start date?
  • Hailz86
    Hailz86 Posts: 340 Forumite
    Unless it says in the contract somewhere that you can cancel for certain reasons (your reason being one of them) then you may be stuck for another 10 months x
    2012 Wins - Danepak Fridge Magnet, £20 Just Eat Voucher, iTunes Song Download, Yellow Toaster and Kettle, Thorntons Bunny, 6 Months Gym Membership, £250 Multipower Products, 3 X Dalepak Vouchers, 10 minute sunbed session, Lucozade Sport, 2 X BMI Flights, Android Zeemote,
  • mrmajika
    mrmajika Posts: 987 Forumite
    Part of the Furniture 500 Posts Combo Breaker Photogenic
    I do know when the start date was. The T&Cs, as expected, don't mention about what is to happen when the forms have not been dated.

    My question is essentially:

    Is the 12 month agreement enforceable when neither party has dated it?


    I am looking to use this potential loophole to cancel.
    Whilst my posts do not constitute financial advice, I am always, without fail, 100% right! :D
  • pinkshoes
    pinkshoes Posts: 20,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Contracts don't have to be written to be legally binding, so although there is no date next to the signiture, they may have other ways of proving the start date i.e. a letter send, or the direct debit.

    It may be worth a try, but should it go to court, could cost you more than another 10 months of gym membership.

    As previously asked, did the gym send you anything else in the post that was dated?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • mrmajika
    mrmajika Posts: 987 Forumite
    Part of the Furniture 500 Posts Combo Breaker Photogenic
    pinkshoes wrote: »
    As previously asked, did the gym send you anything else in the post that was dated?
    No other correspondance was sent.

    I suppose it's worth a letter. It is a local authority gym, so hopefully the left hand won't know what the right hand's doing.:D
    Whilst my posts do not constitute financial advice, I am always, without fail, 100% right! :D
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