Advice re Bannatynes contract

antonia86

I am looking for some advice on my sister's behalf. She took out a contract at Bannatynes gym for 12 months with her boyfriend, this is up in December. She and he have split up but continued the joint membership due to the contract not having ended, she has been sending the money to him for her half of the contract and he has been paying the direct debit. In September she requested he cancel it, in order to give the three months notice required which he said he would. However today it transpires that he has not paid this months DD despite her having given him the money and that he has also not cancelled the contract. He was the first named on the contract with the monies coming out of his account. What she needs to know is what will happen to her if she stops paying? Will he be chased for the monies or will she be too? What is the best course of action for her to take?

Many thanks in anticipation.

4743hudsonj

antonia86 wrote: »

I am looking for some advice on my sister's behalf. She took out a contract at Bannatynes gym for 12 months with her boyfriend, this is up in December. She and he have split up but continued the joint membership due to the contract not having ended, she has been sending the money to him for her half of the contract and he has been paying the direct debit. In September she requested he cancel it, in order to give the three months notice required which he said he would. However today it transpires that he has not paid this months DD despite her having given him the money and that he has also not cancelled the contract. He was the first named on the contract with the monies coming out of his account. What she needs to know is what will happen to her if she stops paying? Will he be chased for the monies or will she be too? What is the best course of action for her to take?

Many thanks in anticipation.

well without the full wording of cancellation rights in the contract its hard to tell.

i would have said that both parties have a contract to pay no matter how payment is made. this meaning your sister had a contract that she should have taken the initiative too for cancelling the contract herself. She should ring and explain and ask what she needs to do to cancel. note she will owe any fees etc, these may be taken out of his account but he could sue her for the amount as half of the debt is hers.

Then again she could be in the clear, depends on how the contract reads but thats the most likely scenario.

mum2one

From the way I read it, (apologies if I have read it wrong!)
Its a joint contract - both names
Money from his account

Again, dependant on what the small print is, she may find herself liable for the money,

The other question I would ask- is the contract 12 months, then u renew after 12 months or a continuos contract?

Sorry I couldn't give a straight answer, it really depend alot on the actual wording of the contract.

I would suggest that ur sister gets a copy of the contract asap.

dacouch

Tell Duncan "I'm out"

antonia86

Thank you - I've advised her to call them in the morning to clarify - I'm sure this is not the first time they've experienced this with joint contracts. I'll let you know what they say!