Gym membership cancellation query

bp1828

Hello,

I have a friend who's cancelled her gym membership and is being chased for extra month's money after cancellation. She doesn't think she owes them any more, they're pushing threatening debt collectors and she's about to cave in. I think she shouldn't.

Details:

• Been a member for >5 years and says when she joined it was on a 'non minimum length' contract basis. Can't locate original joining paperwork
• She advised of cancellation by email 2 weeks before the next DD date, & cancelled DD
• They said their form must be filled in, cancellation would only be accepted on the 1st of a month, 1 month's notice must be given
• Bit of conversation with them, but they said these terms are the club rules
• They applied to take next month's payment, which failed. Letter received saying they have prevented her accessing the facilities until she pays.
• Letter received saying they will add £30 onto the debt and referred to ARC Europe Ltd for collection next Monday.

Their take:

• Have to give a month's notice, but haven't

My take:

• Unfair contract - saying cancellations not accepted until a certain day, then enforcing an extra month.
• They have prevented access to the facilities/services (their words), so why should she pay for something she can't possibly use?

What will the debt collection company do? Telephone, write, visit, take to court, bailiffs? Can they enforce anything before the court says the debt is valid? Will this be on her credit file? Should she formally open a dispute with the gym to say she's disagreeing the debt exists?

Googling "ARC Europe" I note that they are not the best people to deal with. Anyway, clearly this won't go away on its own and I'm interested to hear some other opinions.

Thanks

pinkshoes

1 months notice is quite good for a gym!! Often it can be 3 months!! Your friend should have checked the notice period and what was required before hand, as is the case with all gyms, so it's her mistake.

She should pay the money owed before she ends up with further charges.

Meepster

I agree with pinkshoes. If the T&C's state 1 months cancellation notice, then that's what should have been given. Tell her to pay the £30 before the collection agency start putting their charges on there. It will only end up costing her more, the contract isn't unfair and they've only prevented her from using the facilities as she hasn't paid what is due, if she had paid, then she could use it...

bp1828

Thanks for the thoughts.

I know of someone who worked in a senior position for a telco that tried to impose conditions to make cancellation as difficult as possible. One of their items was to say that cancellation requests would only be considered on the xth day of each month. They were taken to court over that and lost.

Similarly, regarding the £30 charge; the company would have to prove this is the cost that they incurred to be legally entitled to it.

One of my friend's points of view was that she was signing up to a contract with no minimum term and this month's notice (6 weeks in reality) is then a minimum term.

Meepster

bp1828 wrote: »

One of my friend's points of view was that she was signing up to a contract with no minimum term and this month's notice (6 weeks in reality) is then a minimum term.

There isn't a minimum charge, she is free to leave whenever she wants, as long as she gives them notice as stated in her contract.

If this had been such an issue for her, then why did she sign the contract? That's what terms and conditions are there for...

Sorry if it sounds like I'm being unsympathetic, but if someone enters into a contract and then breaks it (which your friend has done) they deserve to have additional charges imposed on them...

pinkshoes

bp1828 wrote: »

I know of someone who worked in a senior position for a telco that tried to impose conditions to make cancellation as difficult as possible. One of their items was to say that cancellation requests would only be considered on the xth day of each month. They were taken to court over that and lost.

One could argue that 1 month notice is definitely not a difficult condition for cancellation. More like quite a relaxed one if you read some of the other gym cancellation threads!!

Some gyms even make you fix for 12 months each renewal period!

She really should just pay!

bp1828

FYI: I understand she's paid them in full now