Trying to cancel fitness first membership

ggreenall19

I am unhappy with my membership at fitness first, whenever I go I feel hounded by members of staff on my back asking how the weight loss is going when i just want to get on with it!

I was offered a bodyfirst package instead of a joining fee in which i get 3 PT sessions and if i then go another 20 times in my first 8 weeks get the "joining fee" back.

I had a lot of trouble trying to book a personal trainer in the first place and do not feel I got what was advertised in the handbook for bodyfirst!

I am just generally fed up with fitness first and wish to cancel! I agreed to a 12 month contract and have now been a member for approx 6 weeks! I rang the services helpline to get some advice in cancelling the contract and they said I could only transfer the contract to another club, find someone to buy the contract off me (which wouldnt work seen as I have only just moved to the area and dont know many people) or pay £150 to buy out the contract. I was willing to do this as it was my own stupid fault for agreeing to a 12month contract but when looking at my application form to see if there were any loopols i noticed that I actually hadnt signed on of the boxes which states I have agreed to the contract.

I rang the helpline back to say I havent signed the contract at which point he put me on hold to look for my contract. (whilst on hold i remember receiving a call of my club a few weeks previous to this, saying i needed to come in to sign something, which i can only presume is this) When the guy on the helpline took me off hold he claimed that the copy he had in front of him was signed but mine definitely isnt (would like to add its one of those transferable forms where you fill in the top sheet and it copies through). When I explained to him that 2 parts had been signed by myself but the box where i sign to agree to the contract is empty he hesitated and was uncomfortable on the phone as if he was trying to cover up the mistake and he put me on hold again! I have now been asked to send a copy of my drivers licence to them with my signature on which I have done as i KNOW i did not sign the contract and I'm waiting for a reply but I just wanted some advice as to whether they have a leg to stand on if the application form has not been signed!

PLEASE HELP!
Gemma

arcon5

I doubt you will be able to get out on that. Not signing it does make it hard for them to prove what was and was not agreed to, however, the fact they can demonstrate you have a copy of the terms and conditions (they will likely record telephone conversations) and you have made payments & been attending will likely be enough to persuade a judge you agreed to the terms. There is though only one way to find out

ggreenall19

which is......... also am i likely to get blacklisted if i cancel my direct debit as they have currently frozen my account whilst it is being resolved!

arcon5

ggreenall19 wrote: »

which is......... also am i likely to get blacklisted if i cancel my direct debit as they have currently frozen my account whilst it is being resolved!

Blacklisted from anything particular? They can ban you from their other clubs (unless your contract allows you to use other clubs that is) if thats what you mean. Are you not able to use your membership at present then? If not, if you haven't stopped paying (and therefore not in arrears) they shouldn't be denying you access to the facilities, this could constitute a breach of contract which they would need to rectify.

If you cancel your DD this won't relief you from the liability, they will simply send it to debt collection agencies (gyms are notoriously agressive in chasing debt). From there it will go through the usual steps of letters, telephone calls, following by field agent visits with the end goal either payment or small claims court (adding collection fees to the debt along the way).

ggreenall19

well iv read some other forums and some people have said that they have experienced problems with cancelling their direct debits in terms of debt collectors and it affecting their credit rating! I'm a student and im going to be in debt anyway without having a bad credit rating as well!!

so even though I havent been given what was advertised (therefore false advertising) to me and i havent signed the agreement you think i will still have to pay?

Ive been told i can pay £150 and cancel my contract that way but iv seen from other peoples posts that they've still been having money taken out of their accounts! I'm willing to pay the £150 as it is my fault for signing up but i dont then want to continue to be charged!!! AAAAAH why did i sign up! whhhyyyyyyyyy!?

Should i ask for written confirmation if i pay the £150?

Thanks so much for your help!

arcon5

ggreenall19 wrote: »

well iv read some other forums and some people have said that they have experienced problems with cancelling their direct debits in terms of debt collectors and it affecting their credit rating! I'm a student and im going to be in debt anyway without having a bad credit rating as well!!

It shouldn't affect your credit rating until they have obtained a CCJ. It's only 'credit' lins that are reported to the credit agencies.

so even though I havent been given what was advertised (therefore false advertising) to me and i havent signed the agreement you think i will still have to pay?

Can you proof they haven't fulfilled part of the contract? If so you would need to give them the opportunity to rectify it because you could consider breaking the agreement.

Ive been told i can pay £150 and cancel my contract that way but iv seen from other peoples posts that they've still been having money taken out of their accounts!

All banks and building societies have a Direct Debit Guarantee. Cancel the DD if your buying out of the contract to avoid this, i'll post further info below. If they continued to charge your card, report it as an unauthorised transaction (or cancel the card and request a new one..).

I'm willing to pay the £150 as it is my fault for signing up but i dont then want to continue to be charged!!! AAAAAH why did i sign up! whhhyyyyyyyyy!?

Should i ask for written confirmation if i pay the £150?

yes yes yes yes yes.....
get it all in writing, store it under lock and key. I wouldn't trust a gym, too many underhand tactics when it comes to cancelling!!!! I would also send the funds by cheque, by registered post stating as per your telephone conversation on X date a Y time, please accept this cheque as full and final offer to terminate your contract with immediate affect.

Thanks so much for your help!

I can understand your frustration, but gym contracts are usually water tight and notoriously hard to get out off! This is why they lock you in for 12 months, they know full well people go for 2-3 months then stop.

Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instruction to pay Direct Debits
• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
  • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

ggreenall19

thank you so much for your help.... i still have a horrible feeling I have a battle against me now!

arcon5

How much are you paying out of curiosity?

ggreenall19

well this is another thing on my membership form it is put down as a STUDENT rate but one box the guy filled in says 36.95 per month and a different box says 38.95 which is conflicting in itself! im so annoyed with fitness first but more at myself! i should have stuck with my bad feeling rather than jumping in and signing the contract! Soooooooo expensive considering its a student rate! im such an idiot!
Im annoyed as well cos people who arent on student rates pay a lot less!!!

arcon5

ggreenall19 wrote: »

well this is another thing on my membership form it is put down as a STUDENT rate but one box the guy filled in says 36.95 per month and a different box says 38.95 which is conflicting in itself! im so annoyed with fitness first but more at myself! i should have stuck with my bad feeling rather than jumping in and signing the contract! Soooooooo expensive considering its a student rate! im such an idiot!
Im annoyed as well cos people who arent on student rates pay a lot less!!!

wow, yes they got you good 'n' proper there.

Me & my partner was a member a few years back and paid £39.98 for the both of us -- a took abit of bartering mind as they started at £75.

I wouldn't be too annoyed at yourself though, a hard lesson now learnt -- it can only get better huh

As a side note I had a friend a few years back who moved away to uni -- in his first week somehow managed to buy a boat :eek:. I don't know the full details (mainly because I found out on facebook through a series of those 'wall' comments thingys ) but he couldn't afford the mooring fees and managed to sell it back to the original owner (loosing hundreds of pounds in the process)! In comparison maybe think it to be a cheap lesson

omen666

ggreenall19 wrote: »

I have now been asked to send a copy of my drivers licence to them with my signature on which I have done as i KNOW i did not sign the contract and I'm waiting for a reply but I just wanted some advice as to whether they have a leg to stand on if the application form has not been signed!

PLEASE HELP!
Gemma

knowing what they are like they are now using your driving licence to copy your signature not check it against the one that is not on the form:rotfl: