gymn membership legally binding

eljacko

Hi all I wondered if anyone out there can help.
I recently cancelled my gymn membership at e

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a.
My 12 month contract was over so as I had hardly used it I decided to cancel my direct debit and write to the manager to confirm.
I was told that i could not cancel my direct debit as i had to give them 3 months cancellation notice.
On my contract it does say i must give them 3 months notice
they are now demanding the money plus an extra 45 pounds in fines
or else we are off to court.
I cant help but feel totally ripped off.
Can anyone out there advise me on what to do

MarkyMarkD

Pay up.

Most contracts are legally binding - that's the point of contracts from the other party's viewpoint.

lynzpower

Disagree completely.

My guess wouold be pay up, then sue them as an unenforceable charge. It doesnt cost 45. to pull you off the computer. Its tripe. Dont stand for it

Ask on https://www.consumeractiongroup.com/forum

hjb123

Did you not check the contract before you cancelled? I would pay up for the 3 months and keep going in those three months - if they arent already up - after all you have paid for them and they would be like your notice period!

Bossyboots

lynzpower wrote:

Disagree completely.

My guess wouold be pay up, then sue them as an unenforceable charge. It doesnt cost 45. to pull you off the computer. Its tripe. Dont stand for it

Ask on https://www.consumeractiongroup.com/forum

They are contracturally obliged to give three months notice so the three months has to be paid. The gym would be entitled to sue for that and as it has been admitted that is what the contract says and the OP signed the contract, then it is enforceable.

I agree about the fine though and I would say pay up the three months and not the fine.

eljacko

Just wanted to thank you all for your help they have cancelled the extras and I have paid.


I love this site its the nuts :T

hjb123

eljacko wrote:

Just wanted to thank you all for your help they have cancelled the extras and I have paid.


I love this site its the nuts :T

Lol, and theres me thinking its the bees knees!

pin

Ordinarily I would say stuff like, you should have read the contract before signing, and cavet emptor and all of that.

However I would say that having to give a three month notice to cancel a gym membership could be construed as excessive and there could be an argument that such a clause might be unfair under UCTA.

shoppingshopaholic28

I have membership with the same gym and being a law student i knew the notice period was too long and today i finall found some proof. check link

http://www.oft.gov.uk/News/Press+releases/1998/PN+03-98.htm