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Gym Payment 3 year lock in?

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Hey everyone i very much need some advice on this situation!

I got a call around a year ago to come down to my local gym and have a free look around (quite spooky really because just the day before my partner and i had both said we would look into joining one) and so i went with my mum and had a look around... the picture painted that day was quite lovely and teh smiley happy people who promised to be there for us and help us through as our personal fitness advisors sold it for me and so i signed for 3 years joint membership for my partner and i. I was later to find out how extremely misleading that day was!!

Basically after a week i thought there is no way we're going to stick it (basically because of the rough area its in and the people who attend) and so i decided to cancel - which i was assured by the hunky australian was allowed. Needless to say that they refused cancellation and said it was in the small print that cancellation for ANY reason would result in payment of the full 3 years charges.

I ended up telling them i'd split with my partner and because he didnt sign for anything he wasnt obliged by contract to pay and so now i only pay one half of our gym bill.. but still its an extra payment each month that i have for the next two years i could severely do without!

Is there any get out clauses at all? unfair contract terms? i mean i know it says cancellation for ANY reason but surely that is unfair in itself ( the aussie had told me if i moved out of town, cancelled within 7 days, was injured or transferred the gym membership to someone else was all allowed) They were totally misleading as the smiley happy people were nowhere to be seen and i had some bulldog of a woman demand i do 10mins on a stepper that i couldnt even tell you where to get on the thing. Completely left to my own devices and the other members that were hanging off the machines without a space left for another tattoo on their arms were definetly not there on the open day!

got a funny feeling im stuck paying this damn company for another 2 years for EFF ALL! Also if i was simply to cancel the direct debit what would happen then? i really dont want any black marks on my credit sheet or worst still bailiffs at the door!

Any info or gems of wisdom would be very much appreciated!
I LOVE MSE! :money:

Comments

  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wouldn't think you've got much of a case.

    You say that the reason you wish to cancel is because "Basically after a week i thought there is no way we're going to stick it (basically because of the rough area its in and the people who attend)", but before that you say:"I got a call around a year ago to come down to my local gym" , which suggests you should have known what type of people might go there.

    A contract is a contract (even if hunky Aussies sell them), and I think you will have trouble getting out of it - these gyms make fortunes with those who sign up and then don't actually attend.

    On the positive side, whatever the types that attend, they can be quite a laugh and useful to burn the calories off.;)

    So, might be worth attending a few times and give it a go.
    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • Many gyms have nothing to do with the collection of membership fees. Check the paper work and see if it is with a different company. It works in different ways but basically the finance company will have made the original call and sent their people into the club to welcome you and sell the membership to you, which will always tie you in for a fixed period ......they then pay the gym a lump sum or a percentage of the membership each month. If this is the case ring the finance company direct and offer a settlement figure .....with a huge sob story and you never know !!
  • I would be tempted to stop paying and invite them to sue you. I believe that the court would take a dim view of any contract tying you in to 3 years without the opportunity to cancel.

    A good idea might be to take the contract along to Citizens Advice of a local solicitor to see if there are any holes you can use to get out of it. Should be cheaper than paying fees for 3 years.
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  • mpython
    mpython Posts: 3,677 Forumite
    1,000 Posts Combo Breaker
    3 years does sound an unfair term for a consumer to agree to with a registered company (I think it'd be different if it was 2 large companies who employ their own lawyers to avise them on all their contracts). However, why have you waited till now to complain about the length of the contract? I suppose you could argue that you thought it was 12months &this was your 1st opportunity to cancel, though, given what you said about not being responsible foryour partner I doubt this would stand up.

    Is there anything in thecontract that the gym haven't honoured? E.g. a swiimming pool notbuilt, equipment not functioning for excesive periods of time, classes not run ectc? If you can show the gym haven't provided their side of the contract, dependingon the wording of thecontract, you might be able to show that is was broken 1st by the gym which shoud entite you tocancel?

    Might be worth a trip to citizn advice bureau for them to read the contract?
    From MSE Martin - Some General Tips On Holiday Home Organisations and Sales Meetings

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  • thanks everyone.. it was a local gym yes but really i think it was a misleading representation on the day and the reason i wanted to cancel *which i tried to do within a day of signing* was because i felt it was a mistake decision that i had been almost pressurised into signing for. I had signed also as my mum was going to join but ended up not doing so and this left me going on my own as my partner would need to look after our little one.

    I have been advised on consumer affairs forum that no judge would agree to a 3 year lock in for payments as ive already paid enough within my 12 months that the damages they would sue for *the other 2 years payments* would be made up for by the number of new customers that have signed within the 12 months that i have been paying.

    Just another note yes the company is called Ashbourne Managment Services, a quick google search shows them having been called up to the OFT for unfair contract terms on several occassions.

    Hopefully the CAB or even the OFT themselves will have some good news for me
    I LOVE MSE! :money:
  • I work for a well known health club and it is practically unheard of to sell 3 year memberships, I take it that the gym isn't one of the major chains as I'm not aware of any of these offering 3yr memberships.
    Our gym does offer a 10 day money back gurantee (cant spell!) but we don't advertise this. We refund maybe one a month because it is kept fairly hush hush. Maybe try to speak to the general manager, I know he is the only person in our club authorised to do this.
    We advise our members to not cancel their DDs at the bank as they will be chased by a debt management company, however apparently you can claim money back from DDs at your bank, not sure entirely how this works but someone at our head office said so last month, its part of the direct debit guarantee? Worth looking in to?
    Hope you get some success, fingers crossed
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