Gym Membership Mix Up - HELP

drew2k9

When my rugby season finished last season April /May 09, i decided to join a gym to keep fit over the summer. i have a few friends who are members of my local Fitness First, so the obvious progression was to join up so that i would have people to go with. on enquiring about a membership i was told i could sign up for a monthly rolling membership which could be cancelled at any time, which i though suited me perfectly as when the rugby season started i could cancell the membership as i wouldnt have the free time to go to the gym.

i carried out the correct cancellation proceedures this september and i thought all wass well... sadly not! fitness first have messed up my membership, they have it on their records in head office that i signed up for a 12 month membership with no way of getting out of it when i wished, but my local branch knew i was signing up for the monthly membership. i have recieved 2 letters about a month ago regarding outstanding payment and threatening action from a debt collectors if i did not comply. i duely rang up head office who told me they have my membership details saying i definately signed up for the year, so i thought i would go and sort this out at the gym i am a member of, i managed to find out that the membership advisor who signed me up "no longer works here" according to the member of staff i spoke to, and she wouldnt tell me why. so i brought my "departure application form" showing that i had cancelled my membership correctly in september and was told that they would send an email to head office to stop the requests for money and prevent it from going any further, again all well and good... or so i thought!

i recieved a letter yesterday (10/12/09) from C.A.R.S debt collecting agency telling me i owe them over £250!!! and so i rang them to explain the situation, they "kindly" informed me that it was fitness first head officve who said in their daily reports that i had an outstanding balance and that if i didnt pay it they would be sending a debt collector to my house!!! this is a disgrace!!! i feel that i have been so hard done by and i will not be paying the fee. what are my legal rights in this situation? also i have been assured that the manager of my branch will phone head office to get the proceedings cancelled and my debt cleared, i find it hard to believe her, so i will be ringing her today to make sure she does it, then ringing head office to make sure she rang them, then ringing the debt collectors to make sure they have recieved correspondance from head office. but even if this does all get sorted, will i have a black mark against my name forever from the debt collectors?? and what can i do to prevent this as this was due to the abismal running of this gym and not my fault as i was misled and then ignored even when i went in person to sort it out!!

please please someone help me with some information!! i cant affoard to be in debt at christmas and cant affoard to have a black mark against my name!! i feel so hard done by and i feel that i am 100% in the right and fitness first are completely in the wrong and that they shouldnt be allowed to get away with this kind of treatment!

foxwales

If what you say is true, then you need to contest this matter.

First: ask for a signed copy of the agreement to which you signed.

Second: If they don't provide it, lodge a request under the data protection act.

Third: Once you get the agreement, read it carefully. If you indeed did sign up for a 12 month period instead of a rolling contract, then you are liable for paying any cancellation fee and the remainder of the contract.

Fourth: If you did sign a 12 month contract but believe you were mislead to believe it was a rolling contract, then you will need to take this matter to Civil Court to argue your case.

THe Office of Fair Trading debt collection guidelines state that a debt collection company must desist collection against a debt whilst a valid dispute has been raised against the liability of the debt. Make them aware of this and if they continue to collect against you, you are within your rights to lodge an official complaint against them with the Office of Fair Trading.

vicshippers

If the manager of the local gym is in agreement with you, then get this in writing from her - stay at the gym while she types up the letter if necessary. Then forward this to their head office for them to action, I would also send a copy of the letter to the collection agency.

(By the way - your question is pretty hard to read, if you use paragraphs you might get more replies!)

drew2k9

yeah i know it looks like a big block, but i was writing in a kind of panic mode this morning!! but thank you both for your help!

the manager is in agreement with me, i just dont trust her to follow through with the letter etc, so i may very well go to the gym and watch her do it in person, i'll probably ask for a signed and dated copy.

if i ring the debt collectors then ask for an address to send the letter to will they halt the proceedings from when they recieve the letter?