Right to cancel something that I have signed up and paid for already

dalejo3

I was looking to join a kickboxing class and looked on a lot of websites and found one and went for a tryout on Saturday (16th July 2011) where I decided to join and paid £395. I have since noticed that on their website they offer a 30 day free trial but I wasn’t offered this. I am annoyed about this and have also since realised that what I signed up for was 6 months and not 52 weeks as I thought. When the person was disgussing the options she wrote down 6 months, then 52 weeks which at the time I didnt think about. I asked if I had to sign up there and then and was told yes. I was asked to sign the paper but not to read the T&C. I cannot see a cancellation policy on what they have given me just something about termination and saying it can only be terminated if I have a note from a doctor to say I am unfit to continue. Can you tell me if something like this should have a cancellation policy and what my rights are?


I have emailed the yesterday about not being offered the 30 day trial and the person said 'You are entitled to a free 30 day trial, which has a value of £100.00, all you would need to buy is the inform and equipment. Then after the 30 days free trail the program would be £495. If you sign on the day of your induction we reduce the cost of the program by using the value of the 30 day trail, which takes the cost of the program down to £395.00. Because you paid in full we supplied the equipment as well.

This was not explained to me on the day, she just said that if I signed up they would knock £100 off? Also I thought it was for 52 weeks which was written on the paper and not 52 classes but she didnt give me the paper so I have no proof. I have emailed them and asked about their cancellation policy but not had a response as yet.

Can you please give me some advice?

Many thanks,

Joanne Lonsdale

fluffnutter

Speak nicely to your doctor .

These kind of contracts are a nightmare to get out of and I don't fancy your luck. What's this piece of paper you keep mentioning but don't seem to have?

dalejo3

Yeah I think I might have to!

It was explaining what the programme was and she wrote the prices and other things to do with their business on it, but she didnt give me that piece of paper and at the time I never thought to ask for it. It is however advertised on their website that you get a 30 day free trial and I also have an email from the business owner (if in fact he sent it) saying that I would be offered the 30 day free trial but this was not mention to me and as it was 2 nearly 3 weeks later that I went for a tryout I had forgotten all about it until I checked out their website and and went back to look at my emails. I have since emailed them to ask them about their cancellation policy but havent had a reply! Yeah I dont fancy my chances but I am going to fight it as much as I can!

balmk

dalejo3 wrote: »

I was asked to sign the paper but not to read the T&C.

And therein lies the problem.

heretolearn_2

On what grounds are you hoping to fight it? The company has done nothing wrong.

They deducted £100 from your fee as the one month free, although they could have just said that was a website booking only offer, nothing wrong with that.
You signed up on their premises so the 7 day cooling off period doesn't apply.
It wasn't distance selling so no 7 day cooling off period under Distance sellng regulations.

You just changed your mind and you can't cancel a contract for that reason.

Next time read the T&C and what you are signing, and keep a copy. Contracts are legally binding, you shouldn't just sign them randomly and hope to get out of them later, because you can't.

fluffnutter

heretolearn wrote: »

On what grounds are you hoping to fight it? The company has done nothing wrong.

They deducted £100 from your fee as the one month free, although they could have just said that was a website booking only offer, nothing wrong with that.
You signed up on their premises so the 7 day cooling off period doesn't apply.
It wasn't distance selling so no 7 day cooling off period under Distance sellng regulations.

You just changed your mind and you can't cancel a contract for that reason.

Next time read the T&C and what you are signing, and keep a copy. Contracts are legally binding, you shouldn't just sign them randomly and hope to get out of them later, because you can't.

I'd say it was a little less black and white than that. dalejo3 clearly thought she was signing up for 12 months at that price (and not six).

And not all contracts are legally binding. If they're unfair, or you've signed under duress, or been misled, they can be challenged. Just because 'something's written down', doesn't automatically make it legal.

scheming_gypsy

Just go to one class a week..

Flyboy152

heretolearn wrote: »

On what grounds are you hoping to fight it? The company has done nothing wrong.

They deducted £100 from your fee as the one month free, although they could have just said that was a website booking only offer, nothing wrong with that.
You signed up on their premises so the 7 day cooling off period doesn't apply.
It wasn't distance selling so no 7 day cooling off period under Distance sellng regulations.

You just changed your mind and you can't cancel a contract for that reason.

Next time read the T&C and what you are signing, and keep a copy. Contracts are legally binding, you shouldn't just sign them randomly and hope to get out of them later, because you can't.

:wall: :wall: :wall: :wall:

Flyboy152

dalejo3 wrote: »

I was looking to join a kickboxing class and looked on a lot of websites and found one and went for a tryout on Saturday (16th July 2011) where I decided to join and paid £395. I have since noticed that on their website they offer a 30 day free trial but I wasn’t offered this. I am annoyed about this and have also since realised that what I signed up for was 6 months and not 52 weeks as I thought. When the person was disgussing the options she wrote down 6 months, then 52 weeks which at the time I didnt think about. I asked if I had to sign up there and then and was told yes. I was asked to sign the paper but not to read the T&C. I cannot see a cancellation policy on what they have given me just something about termination and saying it can only be terminated if I have a note from a doctor to say I am unfit to continue. Can you tell me if something like this should have a cancellation policy and what my rights are?


I have emailed the yesterday about not being offered the 30 day trial and the person said 'You are entitled to a free 30 day trial, which has a value of £100.00, all you would need to buy is the inform and equipment. Then after the 30 days free trail the program would be £495. If you sign on the day of your induction we reduce the cost of the program by using the value of the 30 day trail, which takes the cost of the program down to £395.00. Because you paid in full we supplied the equipment as well.

This was not explained to me on the day, she just said that if I signed up they would knock £100 off? Also I thought it was for 52 weeks which was written on the paper and not 52 classes but she didnt give me the paper so I have no proof. I have emailed them and asked about their cancellation policy but not had a response as yet.

Can you please give me some advice?

Many thanks,

Joanne Lonsdale

Hi Joanne

Just a couple of questions, if I can ask:

Where was the contract signed (what type of premises)?

How did you pay?