LA Fitness - grrr!

Becs75

I know there have been several previous posts in a similar vein to mine however none of them seem to be exactly my problem.

I visited LA Fitness on London Wall, London in June last year to discuss taking up a membership with them.

I knew when taking up a membership I would be asking for a months notice period as I was trying for a baby nor whether I would stay in my same role. Stupidly I didn't discuss this at the time with the gym manager who showed me around but not having agreed or signed anything I thought all was fine. The gym manager contacted me later that day and asked if I wanted to join (saying the price would only be available that day) and if so he told me the cost and asked for my bank details (via email). Again at no point was the notice period discussed but also I had not signed anything or received any T & C's from them.

I gave them my bank details and was told to go to the gym at my convenience to pick up my card - I thought at this time I would be asked to sign some form of agreement and at that time would clarify my notice period but no agreement/ T & C's were either received or signed.

In October 2009, I was in early stages of pregnancy and also found out I would be made redundant at the beginning of 2010 therefore I sent the gym a letter on 12 October advising that I was providing 1 months notice with my last payment on 1st November.

In November I received my first of many letters from LA Fitness saying I was in breach of my agreement and to contact them to discuss. I called them and advised them that I never signed an agreement and was advised that they would need to contact the gym to discuss. I was never called back.

Since then I have received further threatening letters from credit companies and am now being chased for settlement for the remainder of my full years membership (£357)

I have received another letter today and called them and then the membership department. I informed this person that I had never signed any agreement or received T & C's and that I cancelled my membership due to working where I live where there are no gyms and that I was pregnant. They advised me that their agreement states that if there is a gym within 20 miles then cancelling for that reason is not acceptable - I argued that 20 miles would mean a 2 hour journey to and from a gym therefore if hardly practicable - the person on the phone agreed with me!

With regard to no agreement/ T & C's being in place, he advised that he had another case similar to this and the reason is I am on a corporate account (he asked if I work for Legal and General which I do not) and that they do not have contracts for these type of memberships!

I know in hindsight I should have clarified the notice but in the absence of an agreement I didn't see the issue (hindsight is a great thing!) also I didn't think I'd either be pregnant (I'd been trying for 2 1/2 years and was on the way to IVF) or made redundant therefore didn't foresee this sort of problem!!

Advice please?? Thanks for reading if you've got to the end!!!!!

The_Pedant

I would write back to them, recorded delivery reminding them of the key points
- you requested a rolling 1 month notice period, which was agreed verbally and payment details were provided on those terms.
- you have not been asked to sign any further terms and conditions and have not been advised of any other terms.

Unless they can provide a signed agreement contrary to the above, you are standing by the agreed termination terms and have paid fully for the services provided.

I would send it to the local manager, who agreed the terms, and also send a copy to their head office.

It was up to them to get any contract signed, which they have failed to do.

They should not therefore be allowed to try and retrospectively enforce terms that a) you did not agree and b) have not been notified of.

As a side note, I don't suppose there's any obvious, posted copy of any terms posted inside the gym?

Becs75

Thanks The Pedant! I don't recall seeing any T & C's in the actual gym but I will follow your advice and send a letter recorded delivery setting out my position!