DW Sports Fitness Cancellation/Postponement problem

daggy

HI,

I'd been a member of DW Sports Fitness for a while, but hadn't went for 3 or 4 months so at the end of August I went in to cancel my membership.

I knew that I'd need to pay 1 months fees and that was fine, however, when I got there the guy explained that as I was on a student account, I could postpone my membership and I wouldn't incur any monthly charges; plus I could start it back up whenever I liked.

I went in on the 25th august and my Direct Debit was due to come out on the 1st of september, but was already showing up on their system.

The guy said I'd have to pay that and naturally I don't think I should pay Septembers fee when I'm suspending my membership in August (not my problem if they process it on their system early, or is it?).

Anyway, I explained that I'd go to the bank and cancel the Direct Debit, the guy said he'd speak to his manager and call me back to let me know if they could do anything about it. I made it clear that if they were ghoing to charge me, I'd just cancel.

He didn't call back and I've just received a letter today telling me I have to pay them or they'll pass it on to a debt collection company - they gave me one week to contact them. I already have and they are contacting the gym to speak to them.

Clearly if I have to pay the £20 anyway, I might aswell have just cancelled... so it defies logic.

Anyway, DW Customers services said that they have a set procedure and that DD's show on their system at a certain date and cant be reversed after that date - in other words, if you don't activate a postponement before that date, then it's tough.

This is from their TandC's

"CAN I PUT MY MEMBERSHIP ‘ON HOLD’?

Yes. Memberships are continuous but can be suspended by giving 10 days notification. There is a minimum of two months suspension period with no maximum limit with a monthly charge of just £5 payable by Direct Debit. This facility is only available after the initial 6/12 month commitment has passed. Only when the member has been on suspension for two months or more can cancellations be processed and a full calendar months notice in writing still applies as per our cancellation terms & conditions"

I don't want to be stuck for an extra months fee on top of what I'll already have to pay, it certainly wasn't explained to me that I had to stay on cancellation for 2 months.

Essentially they want me to pay them Septembers fee (even though my membership has been suspended for all of September) and then if I decide to cancel 6 months down the line, they want me to pay another months fee... it really defies logic.

This wasn't explained to me at the gym and I'd go so far as to say that the staff member actively deceived me, they also didn't give me a copy of the form I signed to put the contract on hold.

Do I have any rights?

Also, I note that their T and C;s mention the £5 payment, whereas my agreement did not include that... a possible point to bring up?

Any help would be greatly appreciated.

arcon5

Seems the answer in your post.

10 days notice is required.
Your told them on the 25th. On hold from the 5th running into the next full month.

Can you not continue attending for another month and give them your notice on the 20th(ish)?

The contract you signed at the start of the agreement should have the terms your bound to in it. If the terms of the original agreement differ to the terms on the form you signed, as far as i'm aware the form will supercede the original agreement now both parties agreed to the new terms.

daggy

Thanks for your response.

I jumped the gun a little... The manager of my local DW (north shields royal quays) rang up and she was very reasonable.

I opted to cancel the membership and she agreed that I'd only have to pay one months membership.