DW Sports Fitness Gym cancellation

Weeun

Hi all

Sorry if im posting in the wrong section.

My partner signed up to DW Sports Fitness Gym in Belfast back in December last year. His contract was for six months. We made the payments by direct debit and never missed a payment. in the seventh month, he called to cancel his membership. They told him that they couldn't accept a cancellation over the phone and that he'd have to call in person to cancel. He was happy to do this as he just worked around the corner from the gym. He called in person, cancelled the membership, got a recipt (which he still has) for cancelling.

A few weeks later, they called him up and asked why they did not receive this month's payment. My partner explained that he had cancelled his membership and that he'd called in person and done this. The manager said that she had no record of the cancellation but would investigate and revert to him. We didn't hear any more from the gym until today.

He had a voice message on his personal mobile phone number from some company saying that he had to pay a sum of money for unpaid direct debits and the cost of hiring a solicitor to reclaim the funds. We have the cancellation receipt, we don't owe them any money - how can they do this?? It's not our fault that their lack of organisation means they lost his cancellation form.

They refuse to accept anything we say. How can i resolve this issue without having to pay solicitor costs?

whatmichaelsays

Must...refrain...from....making...libellous....comment.....about.....Dave.......Whelan.......

Allan87

Weeun wrote: »

Hi all

Sorry if im posting in the wrong section.

My partner signed up to DW Sports Fitness Gym in Belfast back in December last year. His contract was for six months. We made the payments by direct debit and never missed a payment. in the seventh month, he called to cancel his membership. They told him that they couldn't accept a cancellation over the phone and that he'd have to call in person to cancel. He was happy to do this as he just worked around the corner from the gym. He called in person, cancelled the membership, got a recipt (which he still has) for cancelling.

A few weeks later, they called him up and asked why they did not receive this month's payment. My partner explained that he had cancelled his membership and that he'd called in person and done this. The manager said that she had no record of the cancellation but would investigate and revert to him. We didn't hear any more from the gym until today.

He had a voice message on his personal mobile phone number from some company saying that he had to pay a sum of money for unpaid direct debits and the cost of hiring a solicitor to reclaim the funds. We have the cancellation receipt, we don't owe them any money - how can they do this?? It's not our fault that their lack of organisation means they lost his cancellation form.

They refuse to accept anything we say. How can i resolve this issue without having to pay solicitor costs?

Just ride it out, ignore the letters. They have no case as you have the cancellation receipt so will just cost them more in the long run.

Weeun

No letters yet - just phonecalls - and on that matter, are they allowed to distribute his personal mobile phone number to a seperate company to call him without his consent? Isn't this in breach of privacy policy.

I'd understand if he breached the terms of the contract but he didn't.

somethingcorporate

Weeun wrote: »

No letters yet - just phonecalls - and on that matter, are they allowed to distribute his personal mobile phone number to a seperate company to call him without his consent? Isn't this in breach of privacy policy.

I'd understand if he breached the terms of the contract but he didn't.

See what the terms and conditions of the contract say about 3rd party and data protection.

Weeun

That third party companies may be contact to recover funds in the event of a breach of contract. But he doesn't owe them anything and he hasn't breached contract. They believe he has because they have lost the details of his cancellation.

Allan87

Weeun wrote: »

No letters yet - just phonecalls - and on that matter, are they allowed to distribute his personal mobile phone number to a seperate company to call him without his consent? Isn't this in breach of privacy policy.

I'd understand if he breached the terms of the contract but he didn't.

They are allowed to pass on his details to the collection agency if they believe he is in debt to them. Unfortunately these agencies are just acting on instructions and no amount of "I don't owe you anything" will wash with them as they don't have access to any of the case details other than you owe their client money. Tell them the debt is in dispute when they call again, or write a letter to them stating your dispute, this will prohibit them from entering the debt on your credit report until it's been validated.

Jeni_Matthews

:mad:
I am currently in a very similar situation with DW Sports Fitness where what you are told at the gym/what you have done does not seem to matter to the debt collection companies who are extremely rude and don't even seem to want to allow you to explain the situation. I have done everything that I have been told to do to only be ignored to written emails sent to DW and then have phone calls at work demanding money. Will never join this gym again and will not recommend to friends for so many reasons that I won't bore you with them.

wealdroam

Jeni_Matthews wrote: »

:mad:
I am currently in a very similar situation with DW Sports Fitness where what you are told at the gym/what you have done does not seem to matter to the debt collection companies who are extremely rude and don't even seem to want to allow you to explain the situation. I have done everything that I have been told to do to only be ignored to written emails sent to DW and then have phone calls at work demanding money. Will never join this gym again and will not recommend to friends for so many reasons that I won't bore you with them.

How many letters have you written?

Write to the gym and dispute the debt... if you are disputing the debt, that is.

Write to the debt collection people also disputing the debt. tell them that you will only communicate in writing, and that any further phone calls will be deemed harassment and reported as such.

BlueAngelCV

Are you certain that there was a notice period for the cancellation? Eg even though he had a certificate of cancellation for X date he had to keep paying for X + 3months.

Not saying this is the case just worth considering whether they do have an argument before taking a firm line with them.

fountain-of-useless-info

The question of whether or not DW was within its rights to pass on your partner's phone number to an agent depends whether or not the cancellation was made in keeping with the contract that you originally signed. When you joined DW the contract you signed gave DW permission to do this. After a correctly completed cancellation DW no longer has this right after midnight on the last day of month 6. As such the problem would appear to lie within the details to your cancellation. Normally with a fairly good and reputable company like DW you should have given them a written cancellation before the end of month 5, thus giving DW one month's notification of the cancellation and in writing, as likely explained within your original DW contract. You cannot make some form of over-the-desk cancellation at a gym or phone shop etc WITHIN month 6 or 7 in the hope that the over-the-desk action will somehow negate the above contract cancellation terms. This personable action will not prevent you from becoming liable for paying for months 7 or 8. That would be your legal position - however - you do not appear to be asking DW WHY the over-the-desk cancellation that you think you have made in month 7 - with some kind of receipt - has not, in DW's view, been a correct cancellation. This info is key and your first starting point - and you need to ask DW this question. (Also note - this may be a misunderstanding and you may be in the wrong. At the point when you made the over-the-desk cancellation the staff may not have realized that you were actually in mth 7 at that point in time - you may have a simple misunderstanding in which the staff may have assumed that you were working to your one month contract cancellation notice as specified in your contract - the staff may have naturally assumed that you were still within month 5 of your original contract at the point when you made your cancellation in month 7, not having realized that YOU had not read the cancellation procedures within your own contract or that you were on some kind of wishful thinking mission because you forgot or neglected to cancel in mth 5. In any event you need to clarify the problem with DW - the collection agency will only be working to legal document orders from DW and be in no position to help.