Help Fraud Gym Membership

streetfast

Hi,

I am in a spot of bother with a certain gym. Basically I enquired about a membership on 22/12/2009, they called me on 23/12/2009 and said if you pay a joining fee today you get 6 weeks free but you are contracted to 12 months including this period.

I agreed and said I would pay over the phone but view the gym when I could get in with christmas and all.

I visited the gym on 30/12/2009 and got the paperwork signed.

After using the gym 3 times I have found that the equipment is not to a good standard and in fact sometimes even dangerous.

Therefore on 07/01/2010 I contacted the gym to say look I have these problems I wish to get out of my contract with my 14 day cooling off period.

The gym responded by saying I was out of my contract as I joined on 23/12/2009 which is not the case. The date the contract was signed was on 30/12/2009 which is when the contract begins. The initial lady (23/12) said it would all be ok when on the phone initally saying if there was a problem to let them know.

Anyway I got a copy of the contract out and the *&%$*^£ have put in the date on the contract signing as 23/12/2009 when it wasn't this date!! I know I should have checked but I didn't expect this dishonestly when I joined.

Anyway after an arguement with the gym they said they will be taking the money from my account for 46 weeks @ £47 PCM even though I used the gym 3 times in the space of 8 days!

Does the gym being shut Christmas & New year extend my cooling off peroid. I have contacted my bank and they cannot see the direct debit as of yet but inform me to keep checking and cancel when I do - but what are the consequences of this?

Help??

Many Thanks

brettcta

you should have checked the date on the contract.

i'm not 100% sure how you'd get out of this, you've signed the contract dated 23/12

hollydays

Did the contract not start the day you paid the money over the phone?

streetfast

Hi,

yes they started the contract the date that I paid over the phone, someone else has put the date in when I should sign. My fault for not checking.

Another getout is if you move over 15 miles from the address of the gym, you can cancel. My mum lives 22 miles away and my drivers licence is at her address, I could also get a statement sent to her address so this is a possible angle?

brettcta

maybe, but i wouldn't broadcast it on a public forum

isplumm

streetfast wrote: »

Hi,

I am in a spot of bother with a certain gym. Basically I enquired about a membership on 22/12/2009, they called me on 23/12/2009 and said if you pay a joining fee today you get 6 weeks free but you are contracted to 12 months including this period.

Hi,

You stated that your contract started on the 23/12 ... so your 14 day cooling off period started then ... not a week later when you visited the gym ...

so I think you haven't got a leg to stand on - unless you can prove gym dangerous .... why don't you raise concerns with gym management?

Mark

hollydays

streetfast wrote: »

Hi,

yes they started the contract the date that I paid over the phone, someone else has put the date in when I should sign. My fault for not checking.

Another getout is if you move over 15 miles from the address of the gym, you can cancel. My mum lives 22 miles away and my drivers licence is at her address, I could also get a statement sent to her address so this is a possible angle?

Where is this getout stated?

streetfast

Yes I should have check the date I know......Not normally me but was rushing - no excuse.

The date the contract started is the date I paid over the phone but I said to the women about starting it when I was able to get in and sign up, as I did not know when I would be free.

Also they are not allowed to fill in the details that are for me to sign (again should have checked - I am an idiot). You can see someone else has put dates in the field I should fill in.

This gym would be looked at under a negative light if they took me to court etc etc I think so that is unlikely. But I can get out of the contract with the 15 mile rule, which is in the terms and conditions.

Anihilator

Could you confirm the gyms name, I need to report you for defamation.

there is no fraud. Only stupidity on your part.

You have no right to cancel.

hollydays

streetfast wrote: »

Yes I should have check the date I know......Not normally me but was rushing - no excuse.

The date the contract started is the date I paid over the phone but I said to the women about starting it when I was able to get in and sign up, as I did not know when I would be free.

Also they are not allowed to fill in the details that are for me to sign (again should have checked - I am an idiot). You can see someone else has put dates in the field I should fill in.

This gym would be looked at under a negative light if they took me to court etc etc I think so that is unlikely. But I can get out of the contract with the 15 mile rule, which is in the terms and conditions.

But if the date they have filled in is the date you started the contract it makes no difference who filled it in as it is correct not incorrect.:eek:
And who says the aren't allowed to write the date in?

pinkshoes

It's 7 working days for cooling off periods, but you'd still be out of time if they count it from the day you paid on the 23rd.

I would go down the gym armed with a camera, and start taking photos of their inadequate and dangerous equipment to put together your case of the gym not being fit for purpose, and what they need to do to bring it back up to their advertised standard. Tell them it's for trading standards.

If they kick up a fuss, try bartering with them to cancel the membership!

(it's worth a try...)