Pure Fitness Gym Pure Headache

OllieBird*

Hi
Completely new to this so please bear with me. I took out a gym membership January 2009 for 12 months. The T&Cs state that "You are obligated to make the Minimum Number of Direct Debit Payments stated overleaf (12 by the way) with the first one being paid on the 1st Direct Debit Date and then every month thereafter". It then goes on to say that "In order to extend your membership after completing the Minimum Number of Direct Debit Payments, we will automatically continue collecting the DD amount every month. Your membership will be extended by one month each payment. Each payment made is not refundable under any circumstances". I made the minimum number of DD payments with an additional two months before I remembered to cancel my DD in online banking as I didn't wish to extend my membership any further because I haven't been to the gym for over 6 months. I have now had a very rude phonecall and a Final Demand letter stating that unless I pay the outstanding amount for last month £14.95 (basic membership only) that they are going to pass my details to third party for debt collection because I didn't give 30 days notice. Firstly nowhere in the T&Cs does it state that you must give this notice and secondly if I have already paid the 12 months where do I stand? Are they just chancing their arm - a colleague did the same thing in November and heard nothing and her membership was the premier one which does require additional action. Please help as I have five days only to respond!!

Cool_Username

If I understand you correctly the contract you signed informed you that after the twelve months you would be put onto what is essentially a monthly "rolling contract" - as I understand it you agreed to this by signing the contract.

It's the same as a mobile phone contract for example - after your contract period is up they put you onto the rolling contract that runs month by month until you get in touch and cancel it - if you cancel it three months into this "rolling contract" I can't see that Orange or 02 or whoever are going to give you the money back.

I'd guess that you're flogging a dead horse wanting the money back off the gym when you signed up agreeing to these terms and conditions.

OllieBird*

I am not trying to get the money back. I just don't want to pay them anymore so I cancelled the Direct Debit and now they are wanting further payments from me and threatening debt collection. All I want to know is are they entitled to chase me when I made the minimum number of obligated payments?

custardy

it depends on the cancellation policy
most require you to notify them in writing of your intention to cancel giving a set period of notice

Cool_Username

They would argue that since you chose not to cancel after twelve months they have provided an additional month-by month service (as the contract said they would) where you were able to use to gym and you have not paid for those two months of service - they appear to have simply adhered to the terms and conditions of the contract that you agreed to and signed.

I'd say they're within their rights to ask for the cost additional two months service myself - others may be more knowledgeable and have a different opinion I suppose.

Hintza

When did you cancel? Should at least have dropped them a line to say you will be cancelling.

KimYeovil

I think you are just frustrated at wasting six months payments on something you have not used. The gym are being entirely reasonable - even after an annual subscription it is only to be expected that you have to provide notice to cancel your subsequent monthly membership. If you just cancel your debit without formally notifying the gym then they rightly do not interpret this as a cancellation but rather as a missed payment which they are now chasing up.

Pay your bill, dust off your old kit and enjoy your last few weeks of membership and save your energies for a more worthy battle.

OllieBird*

PROBLEM SOLVED

I have just been down to the gym with my T&Cs to ask them to show me where it states you must give a months notice in writing and surprise surprise they couldn't. The girl then tried to say that it was because I hadn't fulfilled my 12 month contract - not true - I paid all of my payments plus another 2. She ended up apologising and telling me that theletters are generated elsewhere and sent automatically. Result is no outstanding fee to pay and no more threatening letters! My advice - if it isn't clear in black and white (or pink in my case) then it aint worth the paper its written on!! I am Happy Again and will stick to the powerplate up the road instead - pay as you go and better results!!

custardy

OllieBird* wrote: »

PROBLEM SOLVED

I have just been down to the gym with my T&Cs to ask them to show me where it states you must give a months notice in writing and surprise surprise they couldn't. The girl then tried to say that it was because I hadn't fulfilled my 12 month contract - not true - I paid all of my payments plus another 2. She ended up apologising and telling me that theletters are generated elsewhere and sent automatically. Result is no outstanding fee to pay and no more threatening letters! My advice - if it isn't clear in black and white (or pink in my case) then it aint worth the paper its written on!! I am Happy Again and will stick to the powerplate up the road instead - pay as you go and better results!!

you might have been better getting them to do a letter to confirm that
im wondering whether those letters 'from elsewhere will stop