LA Fitness membership cancellation

mumofmonkeys

Hi please help

I took a membership out with local gym over the phone direct to gym in Brentwood, I negotiated a price and made payment over phone for 1st month. I was then told that when I made my first visit a contract would be ready for me to sign.

I specifically asked the advisor how much notice would I have to give and was advised 1 month notice to terminate. I never got a contract when I visited and forgot all about it. When I came to cancel my agreement I was told no and had to give 12 months notice. Now I argued that wasn't aware of this and was told it was in my contract. I never got one or signed one.

I now have Trevor Munn solicitors chasing me and they have advised that the gym have a screen shot of my contract and application from the internet, I NEVER applied on the internet I spoke direct to a member of staff and paid over phone. THEY ARE LIEING.

Where do I stand as I NEVER signed or received a contract. They are threatening CCJ.

Please hel,p, can't sleep.

mountainofdebt

The obvious solution would be to ask them for a copy of your signed contract (I assume you've never given them your email address so if someone has completed an online application on your behalf it might be worth seeing if this completed - also check the date it was alledgely completed and compare this to the date of your payment).



Also 12 months notice seems excessive -1 month yes but 12?

boliston

mumofmonkeys wrote: »

Hi please help

I took a membership out with local gym over the phone direct to gym in Brentwood, I negotiated a price and made payment over phone for 1st month. I was then told that when I made my first visit a contract would be ready for me to sign.

I specifically asked the advisor how much notice would I have to give and was advised 1 month notice to terminate. I never got a contract when I visited and forgot all about it. When I came to cancel my agreement I was told no and had to give 12 months notice. Now I argued that wasn't aware of this and was told it was in my contract. I never got one or signed one.

I now have Trevor Munn solicitors chasing me and they have advised that the gym have a screen shot of my contract and application from the internet, I NEVER applied on the internet I spoke direct to a member of staff and paid over phone. THEY ARE LIEING.

Where do I stand as I NEVER signed or received a contract. They are threatening CCJ.

Please hel,p, can't sleep.

There is no way you will get a CCJ, it's just designed to scare. Even WITH a signed contract I doubt they would bother, as it would mean them paying out monies themselves, but without a signed contract their case would not even get off the ground!

A friend of mine left a well known gym chain before their initial 12 months was up and they got a series of threatening trevor munn letters, but they did not hear any more after that, and certainly no ccj.

mumofmonkeys

Thanks all, just rec another letter from ARC debt management on behalf of Trevor Munn and they have enclosed a screen shot of their own computer with details they have obv filled in from me taking out the contract i.e date and payment amount and obligation date that I can cancel agreement which would be 11 months after I initialy took out. I didn't and hadn't seen this as I never took out online, I agreed price over the phone with the local gym and they took payment over the phone. I still to this date never received a contract and had not signed anything. ARC state that the screen shot is legaly binding and would stand in a court as proof that I agreed.. Still cannot believe they can lie Am I stupid.. I am scared to get a CCJ.. Are they just trying to scare me and apply the pressure? I refuse to pay them anything and will the court belive their lies. I checked my email, surely if I had took out online they would have my email address, I would have rec emails from them but no nothing. I am not going mad I def took out over the phone and even have the mans name in the gym who I dealt with. I think I will have to get advice from the CAB maybe. Really ruined my birthday....

boliston

You can't simply "get a ccj" - in order for this to happen they would have to first
a) take you to court
b) win the case against you
c) you not pay within 14 days after that

mountainofdebt

Does that screen shot include details of your email address?

I've had a look at their on line application form and an email address is manadory requirement so if it doen't include that then that would back your arguement.

Mk14:37

I left my contract early when I moved house, and got pestered by phone calls that I never picked up / returned, and in the end they just gave up.

themull1

its not fitness first is it? we had problem, and i just told them to bog off. never heard from them again. this was about ten yeasrs ago.

Verity01

LA Fitness? Wow i cannot believe the problem i am currently having with them at the moment. I applied through their corporate route and did get a discount, but this year, they increased my monthly DD subscription by an additional £10.00 per month!!!! without any notification. I am trying to sort this out with them at the moment, but have been shocked at the way they treat people with threatening letters etc. I work for a very large organisation and most of my colleagues have been talking about getting healthy in the new year, but after telling them the problems that i have been having with LA Fitness, they have decided to look elsewhere. About 7 colleagues in my department alone have approached Fitness First and the discount that they have got from FF has been brilliant!
Has any one else had this problem with increases without notification?

shaun_from_Africa

If you don't get any joy with LA Fitness, contact your bank and tell them that you want the £10 extra payments refunded.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/27/27-directdebit-guarantee.htm

The direct debit guarantee applies to all banks and building societies taking part in the direct debit scheme. It says that:

• if there is a change in the amount to be paid or the payment date, the person receiving the payment (the originator) must notify the customer in advance.

Mk14:37

Just had to remove my thanks to your post, Shaun, because they can't refund the £10. The bank would have to refund the full payment, and then the Verity01 would have to contact them to make the correct payment.