Cancelling a gym membership

Krystal83

Hi

I am hoping for some advice.

January 25th 2010 I joined up to a gym on a 12 month contract. The gym turned out to be a disgrace, broken machines not fixed for months, too many people in the classes, I mean to the point it was so damp in the room the floor was slippy and I actually witnessed people falling during zumba. :mad: It was very frustrating.

A couple of months ago I emailed the gym outlining the fact I would like my membership cancelled. I explained my reasons for cancelling as way of feedback. I was told they were aware of the problems and were looking to fix them. They also said to contact the company Debit Finance to cancel my contract as things 'get messy' when the owner gets involved. So I did as I was asked and emailed Debit Finance outlining my request to cancel the contract. This month would have been the final amount due. As I paid on a pro rata basis from the 25th January - 1st February by debit card (and following DD's on the 1st of each month) I assumed if I cancelled my direct debit I would be sent a finalised invoice with pro rata charges on between the 1st January and the 25th. Instead I received a letter from debit finance advising me I was late in paying and I need to call them to pay the £25 membership +£10 late payment fee. They also said they will collect my next direct debit in February.

I have now emailed the gym back asking why my previous notice request had been ignored. I explained that I revoke any permission to debit money from my account and if they request anything which results in bank charges I will be seeking advice. I have cancelled the direct debit in the bank but the letter seemed pretty certain they would attempt a debit again in February.

Just a couple of points: No where in the t&c's does it say there is any such thing as a late payment fee. The part regarding the termination states they require AT LEAST 30 days notice which I have given.

Can anyone give me advice on what steps I should take next and where do I stand regarding the termination and the addition of the 'late payment fee'. And can they just take money from my account even though I have cancelled my direct debit?

The only thing I am concerned is I have stupidly deleted the sent and received emails to the gym/debit finance. Only recently too as my inbox was so clogged up. I remember seeing them and just thinking that cos my contract was up I no longer needed them. Duh!

pcombo

I think your in the wrong. You signed and agreed to the contract. If you dispute transactions the company take its fraud, As the contract states it will take payments and you signed to agree this.

Thats like me and you agree to a verbal contract and you dont want to continue anymore. ( can i break your legs).

shaun_from_Africa

I think your in the wrong. You signed and agreed to the contract

Did you actually read all of the opening post?

January 25th 2010 I joined up to a gym on a 12 month contract.

and as we all know, most contracts require you to give advance notice that you wish to cancel at the end of the fixed period, which is exactly what this contract stated, and exactly what the OP provided..

A couple of months ago I emailed the gym outlining the fact I would like my membership cancelled

and they received acknowledgement of this e-mail from the staff at the gym who advised them to cancel the DD payment.
Despite doing everything as required and advised by the operators of the gym, and them stating that will take another payment in Febuary, you still think that the OP is wrong.
Why? What else could or should they have done?

mc33033

From the information given you have given them adequate notification of your desire to end the 12 month minimum term contract in Jan 2011. I take it you have proof of this email in your sent items if not in your main inbox and even if you don't then you may be able to use the DPA 1998 to get a copy of the emails you deleted from them relating to the contract/direct debits.

If they go in and take a £10 late payment fee this month or indeed a £25 fee next month then go to your bank and ask for a direct debit indemnity form and dispute the transaction which should get you the money back. Then send the gym a letter outlining your position and make sure your refer to the previous emails. Send a copy of this letter to your local Trading Standards department (make sure the gym is aware of this by cc'ing TS as a recipient). Send the letter to the gym by recorded delivery to the gym manager and ask for a response within 14 days confirming no further monies are owed.

Krystal83

mc33033 wrote: »

From the information given you have given them adequate notification of your desire to end the 12 month minimum term contract in Jan 2011. I take it you have proof of this email in your sent items if not in your main inbox and even if you don't then you may be able to use the DPA 1998 to get a copy of the emails you deleted from them relating to the contract/direct debits.

If they go in and take a £10 late payment fee this month or indeed a £25 fee next month then go to your bank and ask for a direct debit indemnity form and dispute the transaction which should get you the money back. Then send the gym a letter outlining your position and make sure your refer to the previous emails. Send a copy of this letter to your local Trading Standards department (make sure the gym is aware of this by cc'ing TS as a recipient). Send the letter to the gym by recorded delivery to the gym manager and ask for a response within 14 days confirming no further monies are owed.

Thank you for you advice. I appreciate it. I have deleted the emails both sent and received however after I emailed the gym owner yesterday I got an email reply from her apologising and acknowledging that it should have been terminated so I will keep that safe in case I need it in future. I hope it will be resolved as she has promised to contact the debit collection company.

Krystal83

pcombo wrote: »

I think your in the wrong. You signed and agreed to the contract. If you dispute transactions the company take its fraud, As the contract states it will take payments and you signed to agree this.

Thats like me and you agree to a verbal contract and you dont want to continue anymore. ( can i break your legs).

I'm sorry, I think you have either failed to read or couldn't understand my OP. Your reply makes no sense in relation to my post.

Krystal83

shaun_from_Africa wrote: »

Did you actually read all of the opening post?



and as we all know, most contracts require you to give advance notice that you wish to cancel at the end of the fixed period, which is exactly what this contract stated, and exactly what the OP provided..



and they received acknowledgement of this e-mail from the staff at the gym who advised them to cancel the DD payment.
Despite doing everything as required and advised by the operators of the gym, and them stating that will take another payment in Febuary, you still think that the OP is wrong.
Why? What else could or should they have done?

Exactly. Thanks.

Krystal83

Update:

I am hoping for some help, I am going to post the emails I sent and received from the gym and would like your opinions on what I should do next, basically the gym are refusing to cancel my membership until I have paid what they call my final payment of 34.50. My membership was 24.50 per month but I was charged on a pro rata basis between the 25th January 2010 and 1st Feb 2010. So as far as I am concerned I only owe them the pro rata amount between the 1st January and the 25th but they won't send me a revised bill out. Part of me feels like I should just pay the month fee and the 10 late payment fee just to forget about it but the other part of me wants to fight it out of principle. :mad: What would you do?

These are the emails (starting from bottom up):

We are currently pursuing for the twelfth and final payment. This is the 1st January payment which was returned unpaid as she had cancelled her DD at the bank on the 5th January.

Therefore, on receipt of £34.50 her account will be closed.

Hi This is the position on your account once they have recieved this amount then your account will be closed

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Original Message

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Sent: Saturday, January 15, 2011 9:43 AM
Subject: Re: Cancellation of contract


Hi again Susan,


After my reply to you earlier in the week I still haven't received a response. Can you confirm my contract with you has been cancelled as requested some months ago and that you will be sending me a pro rata invoice between 01/01/11 and 25/01/11.


Thank you
Krystal

Sent from my iPhone

On 8 Jan 2011, at 10:33, "Susan"

Hi Krystal

Sorry This has not been sorted I have sent email so you should here something back soon let me know if you dont get a response by mid week thanks

Sue

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Original Message

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Sent: Friday, January 07, 2011 9:26 PM
Subject: Cancellation of contract


Hi Susan,

A few months ago I emailed you regarding the cancellation of my gym membership. I was told to contact debit finance. I did this as requested. So, that was an email to both yourself and debit finance confirming I wanted to cancel my membership. Payments continued to come out of my account on a monthly basis until I decided to cancel this month as my 12 months is up during January. I have now received a letter from debit finance stating that I have received a late payment fee for cancelling my direct debit and they require immediate payment plus a £10 late payment fee.

Firstly, there is nothing in your terms and conditions that suggest anything about a 'late payment fee'. Secondly, I am not late in paying. Thirdly, I requested to cancel this subscription months ago and I want to know why this request has been ignored by both yourself and debit finance. I was expecting a final invoice through for a pro rata amount considering when I first joined I was charged on a pro rata basis until the billing date. I have also been told that they will try to collect a direct debit in February. I am revoking yours/debit finances permission to make any debits from my account, my bank are aware of this but if any attempt is made that results in charges with the bank I will be seeking legal advice.

I have stuck to my side of the contract, I gave you more than 30 days notice as outlined in your terms and conditions 'Debit Finance Collections Plc will continue to take monthly Direct Debit instalments unless written notice is received by the Centre and Debit Finance Collections Plc at least 1 calendar month prior to proposed termination date'. I will not be paying a late payment fee that you are trying to extort out of me, especially when you haven't even included it within your terms and conditions. I expect a finalised pro rata bill through for the remaining days of my contract which I will then pay by debit card.

I look forward to your prompt reply.

somethingcorporate

It appears that your contract is not up until the end of this month and you cancelled the DD before they could take the last payment.

Am I missing something?

Krystal83

Yes, you did.

somethingcorporate

Krystal83 wrote: »

Yes, you did.

Well you signed up for a 12 month contract back on the 25th January 2010, I wouldn't expect it to expire until 12 months later, 24th January 2011.

So why don't you explain why you should not pay for the 1st - 24th January 2011 element?