Cancelling Gym Membership After 12 Months Problem

Ickle2

My husband joined Brownz Fitness in January 2009, he said he'd sign up for a year and this time paid by diret debit (the previous year he paid the full year in cash) the monies been collected by the Harlands Group. Now were in June 2010, with a time consuming 8 month old and thinking of moving house so his decided to cancel it for the time being.

So last month he went into the gym (which has also changed names to precise fitness) to say his going to cancel his membership, he was informed to ring Harlands. They told him to go to the bank and cancel the direct debt as it would be coming out the following day if not. So we made a 30 mile round trip to the bank so that he could do this.

1 week later and we recieve a letter from Harlands saying he owes £74.85 for cancelling the membership and if he doesn't pay by the 6th of Aug he will be charged a further £20 admin fee and £24.95 instalment.

So I called Harlands to ask why they said it was from cancelling the membership:
(now i'm stuck with hundreds of questions)

How can you cancel your membership without having to pay this fee? (he was told that he could no longer use the gym as his cancelled his membership, even thou he'll be paying for the value of three further months)

His membership should have actually ended in January 2010 so his fulfilled the contract for a 12 month membership, his signed nothing new since Jan, he let the direct debit roll on because he was still going to the gym surely he shouldn't have to pay for 3 more months?

I have the original form and they haven't even filled in the membership type his signed up to but it does have the date -they also sent us a copy of there copy which is the same as ours and with a new letter in which they have bow brought the deadline for payment closer to the 25th of July before they add admin fees!

Please advise!!!!

unholyangel

What does the terms and conditions say in relation to cancellations?

Browntoa

its in their terms

There is not a long term contract, simply a rolling contract that can be cancelled with 3 months notice or less if you move house or lose your job.

Packages from £19.95 per month with a £15 joining fee, plus 1st month in advance.

Ickle2

T&C

Principle Terms
1. This agreement commences once both partners have signed
2. Your membership starts on the Membership start date
3. You will be entitled to all the rights and privileges exerciseable for the Type of Membership chosen
4. You cannot transfer this agreement to anyone

Fees and Charges
5. The joining fee/initial payment is due from you to us. is payable immediately and is not refundable in any circumstances
6. The direct debit payment amount is due from you to us with the first one being paid on the 1st direct debit payment date and then every month thereafter. For the avoidance of doubt. you are obligated to make direct debit payment every month regardless of attendance, whatever the reason for non attendance may be , until such time as the membership is cancelled in accordance with clause 10 of this agreement
7. if you fail to pay any monies due under this agreement or if any direct debit is returned unpaid or any cheque is returned unpaid or if any other form of payment in not nonoured for whatever reason, you shall pay us on demand an admin fee of £20
8. you agree to advise us immediately of any change to the membership details provided
9. if you fail to pay any amount due under this agreement for a period of more then 30 days then we may pass the debt to a third party company for collection . The reasonable costs incurred in employing the third party company will be borne by you includung costs in tracing you should you have changed your address without telling us.

Cancellation
10. your membership can only be cancelled by payment directly to Harlands Services Limited of:
a: the direct debit payment amount for the current monthof membership and
b: a cancellation fee equeal to three further direct debit payments
until such time as the full payment is recieved by harlands services limited, you will continue to incur additional liabilities as set out in clause 6 above

General Terms
11. you agree to comply with the rules of membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. we may make reasonable changes to these rules at any time provided we give you advance notice of the change.
12. if we take no action or let you off any breach of this agreement or give you extra time to comply it will not stop us enforcing the terms of this agreement strictly at a future date.
13. we may assign the benefit of this agreement and our rights thereunder to a third party on notice to you
14. this agreement is govened by english law
15. we may terminate this agreement with immediate effect on notice to you if you are in breach of the club rules. in this event you will not be liable to pay any further direct debit payments, provided such breach is not deemed by us to have occured primarily in order to qualify you for a refund.

Ickle2

Also like to mention that

it does not state on his contract what type of membership he is in,

they have brought forward the payment due date

they told him to cancel his direct debit

and he was told he could not use the gym for the 3 months he has to pay for and that he informed the gym last month so shoud he not own only 2 months

the gym has changed its name

and opening hours have been reduced and change frequently some times with very little notice and then it can be closed for full weeks

Ickle2

just added them!

isplumm

Ickle2 wrote: »

T&C


Cancellation
10. your membership can only be cancelled by payment directly to Harlands Services Limited of:
a: the direct debit payment amount for the current monthof membership and
b: a cancellation fee equeal to three further direct debit payments
until such time as the full payment is recieved by harlands services limited, you will continue to incur additional liabilities as set out in clause 6 above

.

There it is - 3 months notice - I would suggest put everything in writing - it reads like he has to pay another 3 months fees all up front to cancel .... not over 3 months time period ... which is why he can not use the gym any more ... hmmm ... is this a fair term ...???
Mark

Ickle2

that what i thought! After a year he should not have to pay the cancellation fees should he as his contract was for the year - this is like life!

Ickle2

'General Terms
11. you agree to comply with the rules of membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. we may make reasonable changes to these rules at any time provided we give you advance notice of the change.'

They've broken this term on several occasions!

Ickle2

Browntoa wrote: »

its in their terms

There is not a long term contract, simply a rolling contract that can be cancelled with 3 months notice or less if you move house or lose your job.

Packages from £19.95 per month with a £15 joining fee, plus 1st month in advance.

so should he still be able to use the gym for the three months?
he paid £25 joining fee and pays £24.95 per month and 1st month in advance

KeithP

Ickle2 wrote: »

so should he still be able to use the gym for the three months?
he paid £25 joining fee and pays £24.95 per month and 1st month in advance

No. He cancelled with no notice... effective immediately.

He now owes them three months fees.

If he had cancelled with notice, saying something like " I wish to terminate our agreement on xx October", he would be able to use the facilities until then.