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Gym Membership Cancellation.

Hi,
I joined a gym back in July of last year. On the 31st July this year, I hand delivered a letter to the gym, giving 1 calendar months notice(Terms and Conditions required notice), of my intention in cancel my membership. As expected, the August payment was debited from my bank account, covering the notice period. I then cancelled the direct debit mandate and at the end of August, stopped using the gym.
On the 8th of this month, I received a letter from a debt collection agency, acting on behalf of the gym. The letter stated that I was in debt to the gym for the sum of September’s payment.
I responded in writing, explaining that there was not any outstanding debt with the gym, as cancelation notice was given in July09 and that they had been paid for August09.
Today, I received a response from the Collection Agency. I am told that the Gym claim they did not receive my letter of cancellation and that if the account was not brought up to date within the next 10 days, they would pass the account on to their solicitors, for further action.
Although I did not obtain a signature of receipt from the gym, the letter delivered was addressed to Membership Administration, and was hand delivered by myself.
Other than a date stamped soft copy of the Cancellation Letter and the fact that I ceased to use the gym's facilities around the end of August, their is not really any proof I have, that cancellation notice was ever delivered to the gym.
I am more than happy to fight my cause, in the event that this case gets taken to court. I am however concerned, that the gym will attempt to claim that I still have not cancelled my gym membership in writing and add unfair costs, in the event that I am unsuccessful in proving to the courts that I am the innocent party.
Any advice on this matter would be greatly appreciated.
Kind regards

Comments

  • Hi Apac

    I notice no one came forward with any advice at the time but was wondering how you had got on with this situation? Asking because I'm in same - denying they had received a hand delivered letter

    Thanks in advance for any response
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Apac wrote: »
    Hi,
    I hand delivered a letter to the gym, ...

    I suspect it will all hinge on this. Much better posting recorded or even better Special Delivery.
  • Hindsight is a wonderful thing!
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