Help - Old Gym Membership Problem

MrsMarshall_2

I'm not sure if this is in the right place so sorry if it is!

Due to the credit crunch last year my husband's wages were significantly affected. He gets paid based on the work he does and as the amount of work dropped so did his income.

As a result we needed to cut back so the first thing to go was the £80 a month joint gym membership.

I called the gym and told them that we couldn't afford to pay the membership as our mortgage and council tax were more important. They told me that I should really give three months notice and they wouldn't cancel it for me. As I didn't have enough money to cover normal bills I cancelled the direct debit. This was over a year ago.

Today I received a "notice of intention to issue a county court order" for £240 (three months joint membership) that I have to pay in 7 days.

This is the first thing I've heard from them since I cancelled the direct debit. I can't believe they can actually take me to court over a gym membership.

There is no way I can afford to pay this as I'm due to go on maternity leave in a month. Is there anything I can do about this?

I'm so annoyed about this as I've had no previous warning... Its not as if I've had any other requests for payment from them in a year.

Thanks in advance

Jo

the_insider

You did have previous notice, they told you on the phone that you would have to pay three months fees as notice and you failed to do this. If you contact them they may let you pay in installments rather than in one go which might make things a bit easier for you.

Amistoso_2

you broke the terms of your contract and by the sounds of it had no intention of paying anyway!! sorry but you owe the money and should pay up

Equaliser123

MrsMarshall wrote: »

I can't believe they can actually take me to court over a gym membership.

But they are not taking you to court over a gym membership. They are taking you to court for the money you owe them.

To be fair to the gym, they are trying to run a business.

Pollycat

Jo
I'd take the advice of the_insider and contact them as soon as possible to ask if you can pay this off in instalments.

If they really do intend to issue a County Court Order, you'll either have to pay up or dispute it - the latter will probably incur more costs against you.

RedSoleShoes

Which gym is this? Sounds like Bannatynes if they wanted 3 months notice...

kwaks

OK folks, a little compassion for someone who at least is getting their priorities right whilst money is tight.

In defence of the poster the 3 months notice agreements are ludicrous, would you still expect someone involved in a serious road accident to pay them?

That saying, yes they are trying to run a business. So if they have dotted all the i's and crossed all the t's then I would look to agree a payment schedule you can afford.

First thing I would do is ask them to provide a copy of the original agreement and scrutinise it very closely, many gymns are pretty slipshod in their approach to paperwork. No agreement or any mistakes etc then I would look to have the debt claim wiped.

pinkshoes

In short, yes, you have to pay, as you had a contract with them, and you owe them for 3 months notice period. I'd pay this ASAP, otherwise it will end up costing you a LOT more!

Look on the bright side - many gyms pretend they didn't even get your call or letter to cancel, so you could be looking at an entire year's membership to pay!

Have you not got something you could sell quickly on ebay to pay the debt? Or borrow the money from someone?

MrsMarshall_2

Thank you for all your advice. (It is bannatyne!) Three months does seem a bit silly considering I would only have to give one month notice to leave my job!!

I also spoke to Consumer Direct yesterday and asked them for some advice. They told me that I need to request a copy of the contract and bannatyne need to tell me what the debt is for as they haven't actually specified on the letter requesting the money. (I haven't got our copies anymore as it was so long ago!)

Consumer Direct did say that if they can prove it I will need to pay but to make them prove it first. Here's hoping they've worded it wrong or lost our contract.

Thanks again

Jo

Equaliser123

I think Consumer Direct have given you extremely dangerous advice.

If you ask them to prove a contract - which you have already signed - you may well find that they will do so...but in Court.

Sure, ask them for the period of notice but I can almost guarantee they are operating from a position of knowing their own contract.

4743hudsonj

Equaliser123 wrote: »

I think Consumer Direct have given you extremely dangerous advice.

If you ask them to prove a contract - which you have already signed - you may well find that they will do so...but in Court.

Sure, ask them for the period of notice but I can almost guarantee they are operating from a position of knowing their own contract.

I agree, i trust advice on here more than consumer direct tbh they seem to be a bucnh of "yes men" theyre no good for advice but brilliant on hard facts and templates etc.

OP as said, request the contract, if they have it negotiate payments asap before the baby arrives. in future, NEVER cancel a DD unless you cancel it properly beforehand.