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Cancelling Gym Membership with 14 days
4Chickens
Posts: 505 Forumite
OK, deep breath
My 18yo son has signed a membership agreement with Bannatynes Fitness Ltd. He signed this on 25/03/2011. Can he cancel this under the '14 day cooling off' even though it does not explicitly state this in the terms and conditions on the back of the agreement.
He is severly dyslexic and has aspergers and quite frankly does not have the capacity to understand contract law.
I have drafted a letter to his bank for him cancelling the direct debit.
I am awaiting a phone call from the local gym that he joined to see what they have to say.
I would appreciate some advice on how to deal with them.
Cheers
My 18yo son has signed a membership agreement with Bannatynes Fitness Ltd. He signed this on 25/03/2011. Can he cancel this under the '14 day cooling off' even though it does not explicitly state this in the terms and conditions on the back of the agreement.
He is severly dyslexic and has aspergers and quite frankly does not have the capacity to understand contract law.
I have drafted a letter to his bank for him cancelling the direct debit.
I am awaiting a phone call from the local gym that he joined to see what they have to say.
I would appreciate some advice on how to deal with them.
Cheers
0
Comments
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Sorry OP if the contract was signed on the gym premises then there is no cooling off period.0
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My 18yo son has signed a membership agreement with Bannatynes Fitness Ltd. He signed this on 25/03/2011. Can he cancel this under the '14 day cooling off' even though it does not explicitly state this in the terms and conditions on the back of the agreement.
How long is the contract for ?
Why does he want to cancel ?He is severly dyslexic and has aspergers and quite frankly does not have the capacity to understand contract law.
Most people would struggle with some of these contracts. He'd be better off not signing anything and taking the documentation home to read and digest and get second opinions.I have drafted a letter to his bank for him cancelling the direct debit.
Cancelling the Direct Debit is not a good idea until the contract has been fulfilled or cancelled. He will still be liable for any payments (depending on the contract) and this course of action MAY impact on his credit rating.I am awaiting a phone call from the local gym that he joined to see what they have to say.
I would appreciate some advice on how to deal with them.
Cheers
Deal with them politely and plead to their better nature. (And be aware that they would not have known about any disability - so they may not have done anything wrong)
If you cannot cancel completely, see if you can get a reduced term (although you haven't stated how long the contract is for)
Good luck :A“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
Thanks for your quick reply bris.
Plan A = 14 day cooling off = not applicable in this case.:mad:
Plan B =
Do you think I can persuade the Gym to cancel the contract because my son does not have the capacity to enter into a contract. It may be that I can get his college lecturer to write a letter confirming his learning disabilities.
Anyone got any experience of this?
Plan C =
Get down there with my placard telling everyone that they sell gym memberships to the mentally incapable.:D
Anyone got any experience of this?
Plan D =
Break one of my son's legs so that he can no longer use the gym.;) T&C says you can cancel due to disablility.
If anyone can add to my list of plans then feel free0 -
Plan B =
Do you think I can persuade the Gym to cancel the contract because my son does not have the capacity to enter into a contract. It may be that I can get his college lecturer to write a letter confirming his learning disabilities.
Anyone got any experience of this?
To be honest - I think this might be your best option - but I think that you would need to back it up with evidence ?“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
Phoodles
To answer your questions:
The contract is for twelve months and you can give 3 months notice to cancel only after 9 months of membership.
He wants to cancel because he only earns £115 per week and out of that he has to pay me £30, petrol and insurance for his scooter and money he owes his Dad.
Also he did not understand that he could not cancel it before 12 months.
Also he ticked the 'off-peak' box which means he can only attend the gym between 9.00am and 5.00pm, when he is either at college or work.
He is clinging on to his job by his fingernails at the moment, mostly to do with his disabilities.
If he had showed me the agreement first and let me explain it to him, he says he never would of signed it.0 -
Phoodles
I can probably get a copy of his statement of special needs.0 -
Can you go to the gym in person (with your son) and explain to them politely that he cannot enter into a contract for the medical reasons stated (along with the statement of special needs and a letter from his college)?
You may be able to plead to their better nature face to face. (Try not to lose your temper with them).
Sounds very likely that the contract may be void if this is the case - but it may be a struggle to get them to acknowledge it.
Maybe also worthwhile contacting Consumer Direct and ask for advice“That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”0 -
Sadly won't work. If a leg is broken (accidentally) then the gym would offer to "delay" the membership.Thanks for your quick reply bris.
Plan A = 14 day cooling off = not applicable in this case.:mad:
Plan B =
Do you think I can persuade the Gym to cancel the contract because my son does not have the capacity to enter into a contract. It may be that I can get his college lecturer to write a letter confirming his learning disabilities.
Anyone got any experience of this?
Plan C =
Get down there with my placard telling everyone that they sell gym memberships to the mentally incapable.:D
Anyone got any experience of this?
Plan D =
Break one of my son's legs so that he can no longer use the gym.;) T&C says you can cancel due to disablility.
If anyone can add to my list of plans then feel free
Best bet is to write a polite letter telling them about your son's disabilities and a letter from college if this would be easy to get. If that doesn't work then follow up with slightly stronger letters discussing the option of going to the press or get your MP involved."Every single person has at least one secret that would break your heart. If we could just remember this, I think there would be a lot more compassion and tolerance in the world."— Frank Warren0 -
Phoodles
Thank you very much for your advice and I will be following it. Hopefully the gym will be calling me this morning so I can explain his learning disabilities to them and if need be back it up with some evidence.0 -
Thanks for your quick reply bris.
Plan A = 14 day cooling off = not applicable in this case.:mad:
Plan B =
Do you think I can persuade the Gym to cancel the contract because my son does not have the capacity to enter into a contract. It may be that I can get his college lecturer to write a letter confirming his learning disabilities.
Anyone got any experience of this?
Plan C =
Get down there with my placard telling everyone that they sell gym memberships to the mentally incapable.:D
Anyone got any experience of this?
Plan D =
Break one of my son's legs so that he can no longer use the gym.;) T&C says you can cancel due to disablility.
If anyone can add to my list of plans then feel free
4Chickens
I can't say which option would be best
but I have to say I like your style - and sense of humour.
I hope you get this sorted out.
Does your son understand now about not signing anything in shops?
I'm thinking of the possible problems if he signs a contract for a mobile phone etc.0
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