LA Fitness Dispute - Help?!

JPComben

Hey,

I am getting narky letters from LA Fitness and now from their nominated debt collection agency, ARC Credit Management.

The situation is this. I signed up to the gym in Southampton in August last year. I have paid all of my initial 12 month subs without a hitch. I then moved to Liverpool and I have cancelled my direct debit. They are arguing that I have not given them notice of cancellation, and I am therefore liable for charges.

When I signed up originally, I do not think I was given a 'correct' application form. What I have signed, and still have in my possession is what appears to be a photocopy of their application form, and is one sided. The declaration that I signed on the front of the form makes reference to terms and conditions (which contain the blurb about giving cancellation notice) which are to be found on the back of the application form. Since my form is a photocopy, there are no terms and conditions on the back! This single sided document was also signed by the rep of LA Fitness that dealt with me when I joined.

So my argument is as follows: I was not provided with a complete document when I signed up to the club. The document refers to terms and conditions that are not there, so how was I supposed to know that I had to give notice? The wording on the front reads: "... I agree that the membership continues on a monthly basis by paying the membership fee." and I have interpreted this to mean that by ceasing membership payments, I therefore agree that membership will not continue!

Do I have a case here? The lady I just spoke to said that she is going to contact the club to see if they have the contract I signed and to ensure it is complete with all the t's and c's. Would this make a difference though? And if I did effectively agree to terms and conditions that I was not made aware of at signing, are they in any way negligent for not furnishing me with a complete contract?

For the sake of £35 I might just pay to shut them up, but now they are levying extra charges which I feel are a bit unfair. Thanks in advance for anyone taking the time to read this and respond!

Best regards... James

montyrebel

pay up and be done with it, you know you done wrong

techmanx

you do not sign a contract document which is incomplete, by signing contract although it was incomplete at the time of agreement you become legally obliged that a) you have read & understood all t&c before putting your signature b) you have no confusion or questions on the document wordings.

pinkshoes

Cancelling your direct debit is NOT cancelling your contract.

Stop looking for an excuse, write to them giving your 1 month notice, and pay up what you owe.

If you don't, you'll potentially end up with debt collectors on your back, and a tarnished credit rating.