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How long is 6 months? Gym member...

alainax
alainax Posts: 27 Forumite
Part of the Furniture Combo Breaker
edited 14 June 2010 at 12:15PM in Consumer rights
Hello, Thanks for looking at my thread! Im a noob here, fitst time poster, long time reader :p

I have a problem and know you guys will be the best people to ask!

I joined a gym on the 31st of January this year. I no longer wish to have the contract.

Thre t&c's state -

"I acknowledge membership is for a minimum period of 6 months from date of joining, thereafter it is continuous and expires only on cancellation. I accept that I must give a full calendar month notice of cancellation. Failure to do so will result in the claiming of another direct debit payment. This must be in writing to your Club."

I wrote to them this month to cancel as of the 31st of July (which is 6 months from jan 31st...) and i wrote to them just to now give them MORE than one cmonths notice.

I got an email back from them stating I could not cancell untill the 31st of august!! eh???

She claims that as I took them up on one of their joinging offers ( first months membership free) then i wouldnt have paid for 6 months untill august.

However, my contract clearly states it started on the 31st of january, and i paid joing fee etc on that date. There was also no point within to contract that says that incentives will alter the lenght of your contract!


There seems to be two problems here.

Firstly they seem to be unwilling to accept my one months notice until the 6 months have passed, which would technically mean everyones contract would have to be for 7 months!

Secondly they are trying to include the incentive in the length of time. This would mean my contract would be 8 months long before it would be cancelled!!!

Please help!!!

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    "I acknowledge membership is for a minimum period of 6 months from date of joining, thereafter it is continuous and expires only on cancellation. I accept that I must give a full calendar month notice of cancellation. Failure to do so will result in the claiming of another direct debit payment. This must be in writing to your Club."

    The T&C's say it all. I would just write back, quoting that condition, stating that you have complied with it in full and that nowhere does it state that the 6 months requirement excludes free membership. Invite them to explain their reasoning if they wish to maintain their position.

    Doublecheck that you have not missed anything.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Think above post covers everything. I would cancel any direct debits etc and invite them to take you to court if the disagree. But also point out if the get difficult then you will name and shame.

    BUT

    +1 Doublecheck that you have not missed anything. :)
  • alainax
    alainax Posts: 27 Forumite
    Part of the Furniture Combo Breaker
    Thank you both for your replies.

    I was thinking that i must have missed something, but its really that black and white, i think they may just not like the idea of me cancelling!

    Im worried if i just cancell the DD that they will hunt me for the money, as ive heard horror stories of gyms being bad for this!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    alainax wrote: »
    Thank you both for your replies.

    I was thinking that i must have missed something, but its really that black and white, i think they may just not like the idea of me cancelling!

    Im worried if i just cancell the DD that they will hunt me for the money, as ive heard horror stories of gyms being bad for this!
    They may try and threaten, which is why you are advised to double check - and invite them to explain why you should continue beyond month 6.

    And they may actually start off trying to take you to court. Be under no illusion about this. But if you have checked it all out and given them and opportunity to explain, they won't get very far.

    Do keep an eye on your credit records. And double check that your membership is not actually a credit agreement, where you borrow the money for 6 months membership upfront and pay off a credit account.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • alainax
    alainax Posts: 27 Forumite
    Part of the Furniture Combo Breaker
    They may try and threaten, which is why you are advised to double check - and invite them to explain why you should continue beyond month 6.

    And they may actually start off trying to take you to court. Be under no illusion about this. But if you have checked it all out and given them and opportunity to explain, they won't get very far.

    Do keep an eye on your credit records. And double check that your membership is not actually a credit agreement, where you borrow the money for 6 months membership upfront and pay off a credit account.

    Thanks, I will do exactly that! I will ask them for a proper explanation, and also read through all the paper work again.

    Im sure its not a credit agreement, but i will check.

    So its just a case of standing my ground then? ( assuming im correct fo course!)

    Il also keep this thread updated with thier responses!
  • alainax
    alainax Posts: 27 Forumite
    Part of the Furniture Combo Breaker
    Got a response...

    "as a gesture of good will i will cancel the contract as of July, and July will be your last payment...."

    excellent!!!
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    alainax wrote: »
    Got a response...

    "as a gesture of good will i will cancel the contract as of July, and July will be your last payment...."

    excellent!!!

    Tell them you don't want charity just just what your contract stipulates.

    Gesture of goodwill my !!!!
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