Help understanding terms on contract

jato

I signed up for a 12 month gym contract only to find it is horribly busy unless you want to stick to a treadmill. I only signed the contract on friday 18 and am pretty sure I can cancel within 14 days for no trouble, here is what it say's on the contract -
CHANGING MEMBERSHIP CATEGORIES AND SUBSCRIPTIONS
All memberships are payable monthly by Direct debit - normally taken on the 1st of each month.
You may end your membership after the eleventh month by giving us 1 months paid notice in writing. Joining fees and subscriptions paid in advance will not be refunded unless you cancel within 14 days of joining, save in the case of a serious breach of this agreement on our part. Notice must be recieved by the club via email, registered post or by completing a cancellation form in person. For email details please contact the club administrator.
Annual membership may not be cancelled (unless the club is in serious breach of contract),suspended, transferred or downgraded during the 12 month period. This does not affect the provision of enabling membership to be frozen.
You may end your membership after the 11th month by giving us one months paid notice in writing. Periods of freeze do not form part of the coninuation of annual memberships.
The part that is confusing me is in italics.
Thanks for you help

melorablack

After the 14 day cooling off period, you can't cancel or downgrade your annual membership until the 11th month and even then you have to give them a months paid notice (so you will still pay for the full 12 months) unless the company breaches their contract to you.

jato

Well it was only 4 days ago so that's good to know. Thank you

olly300

jato wrote: »

Well it was only 4 days ago so that's good to know. Thank you

When you cancel I strongly suggest you:
1. Send a recorded delivery letter to the club and keep the slip for at least 18 months
2. Send a recorded delivery letter to the head office and keep the slip for at least 18 months
3. Cancel your direct debits to them and keep an close eye on your statements for 18 months. If they take money out immediately contact your bank in writing and ask for a refund using the direct debit guarantee.

While this seems like over kill there have been many threads on here and many cases of gyms not following verbal and written cancellation instructions not sent by recorded delivery/claiming they have not received cancellation instructions/taking money out of people's bank accounts/using debt collectors. Spending £2 now is easier than fighting them 11 months down the line.

pinkshoes

Follow Olly300's advice, as gyms are well known for being devious!

I would go in person tonight, and tell them you'd like to cancel the membership under the 14 day cooling off period, as it's just too busy.

Then follow it up with a recorded delivery letter saying "as per my conversation with <name of person at gym>...

Then cancel the DD, and do not lose the recorded delivery slip, as many people have had debt collectors appear years later!

jato

Thanks I will do that, but how does the recorded delivery slip prove whats written in the letter?

pinkshoes

jato wrote: »

Thanks I will do that, but how does the recorded delivery slip prove whats written in the letter?

It doesn't.

But it does prove you send the gym SOMETHING, and you're hardly going to be sending them a birthday card :rolleyes:. This is good enough.

(although do keep a copy of the letter you sent...)

DVardysShadow

olly300 wrote: »

When you cancel I strongly suggest you:
1. Send a recorded delivery letter to the club and keep the slip for at least 18 months
2. Send a recorded delivery letter to the head office and keep the slip for at least 18 months
3. Cancel your direct debits to them and keep an close eye on your statements for 18 months. If they take money out immediately contact your bank in writing and ask for a refund using the direct debit guarantee.

Keep everything for 6 years after the end of the year of membership. Given current practices on debt collection, this contract could be bundled off to a debt collector for 5p in the pound, despite nothing being owed. Any debt can be chased for 6 years - so if you get rid of stuff at 18 months, you could be in a weak position to prove you cancelled. I am coming to suspect that with this sort of rubbish debt, companies leave it for a few years just in the hope that you throw out whatever proof you have.

DVardysShadow

pinkshoes wrote: »

how does the recorded delivery slip prove whats written in the letter?

It doesn't.

But it does prove you send the gym SOMETHING, and you're hardly going to be sending them a birthday card :rolleyes:. This is good enough.

(although do keep a copy of the letter you sent...)

And it also puts them on the spot to put up what they say you sent.

KeithP

jato wrote: »

CHANGING MEMBERSHIP CATEGORIES AND SUBSCRIPTIONS

You may end your membership after the eleventh month by giving us 1 months paid notice in writing. Joining fees and subscriptions paid in advance will not be refunded unless you cancel within 14 days of joining, save in the case of a serious breach of this agreement on our part. Notice must be recieved by the club via email, registered post or by completing a cancellation form in person. For email details please contact the club administrator.

The sentence in bold doesn't mention Recorded Delivery.
Probably a good idea to send an e-mail as well.