Help! Huge bill for gym membership I cancelled in 2008

sarymclary

Hi,

I took out a 12 month fixed term gym membership with Leisure Connection Ltd @ my local council run leisure centre in 2007. It was a joint 'couple' membership for me and my OH.

I religiously went 3 times a week after Jan '07, until in the summer of 2008, when their airconditioning units broke, and were not replaced for several months, making it so uncomfortable to workout that I had to stop going, as I was almost passing out with the heat. At the time me and my OH raised our concerns with the staff there, and my OH complained several times with the receiption staff and the deputy managers, making it clear I was unable to attend due to this problem, and was going to have to cancel my membership.

My OH wanted to continue going, so he spoke to the receptionist at the desk, and told her I wasn't going to continue going, but he would, and had to complete a new membership form.

I cancelled my direct debit in December 2008 (last payment made November 2008 of £59 joint membership), but got a final bill for about £59 from LC Ltd, which OH spoke to the receptionist about it again when he went to the gym, telling her that having not been able to use the facilities for several months, it was a bit unfair to enforce another month's membership, and left it with her to take up with her manager.

Today I have received a letter from RCS Debt Collectors demanding I immediately settle a debt of £572.16. The part I find interesting is that they say that they have (and this bit is underlined) 'positively located you at the above address. Now the irony is, that I don't actually live there anymore, but the letter was forwarded with my redirected mail, as I moved over 6 months ago. I presume they have either used an old electoral register, or are using the address from my application.

Now, what should I do? Should I contact Leisure Connection directly, or will they not now deal with the matter? I have read elsewhere that I shouldn't speak to RCS.

GeorgeUK

Personally, i would issue a subject access request to Leisure Connection to get a copy of the membership agreements. If you didn't put the membership withdrawal in writing or follow their procedure, then things may get a little difficult, but i think you should be able to argue that the joint membership wouldn't have been running alongside your husbands single menbership - otherwise he would be paying for his membership twice.

I would not phone RCS, but you may need to write to them at some point.
Have they put a default on your credit file?

WARNING - if you request a copy of your credit file, your address will be updated and creditors may be notified of this change. Be careful if you are not sure you wish this to happen.

sarymclary

Thank you George. It does seem rather incredible that they were happy to give my OH a single membership, and not stop his couple membership. He will be going to the Leisure Centre tonight, so I am going to ask him to look into it, but am worried that they always seem so useless there, that they will just claim it's no longer in their hands. The thing is, when it was in their hands, they c0cked it up!

I'm not going to get a credit file, as to be honest, for now it's not really a major issue, as I'm not trying to get any further credit. However, I do not want to have to pay for the debt I feel has been incurred without my knowledge.

GeorgeUK

Quite right - you shouldn't pay for something that you don't owe.

What i would say though is that if hubby gets the brush-off, he should ask for a copy of their official complaints procedure. If they do say they will look into it, he shold request that they put this in writing - if you don't hear anything within a fortnight, he should see what's happening then send in a complaint.

DarkConvict

Do they not need to inform you off a debt before passing it to a debt collection agency?

It maybe possible that RBS brought this debt as many debt collectors do this, instead of actually be instructed to , and have added charges on top of it.

With regards to the condition of the gym, it might come under health and safety as if you were passing out due to heat, it maybe unsafe.
In addition there is the "The Supply of Goods and Services Act 1982" which may cover that the service provided was not good enough to make the goods "gym" usable.

sarymclary

Thank you for your replies.
My OH spoke to the receptionist at the gym last night, and explained what had happened.

The lady who had dealt with the switch over last year no longer works there, but does still have contact with them, so they are going to ask her about it, and try to locate the paperwork. They are going to see what has happened, as he pointed out having 2 parallel memberships for him was a ridiculous thing to have happened, and reminded them that I cancelled my membership due to the conditions at the gym being so bad.

If they are going to try to dig their heels in at all, I will raise the points DarkConvict (such a warm fuzzy name you have there!) mentioned re. they gym conditions being so poor that they rendered the service unusable. I believe the gym had a large exodus of members to another gym after this event, that dragged on for months.

As with so many businesses these days, it's not about customer service, but about bringing in any money at all costs... my OH works for just such a company right now and is amazed by the practices being carried out.