Cancelling gym membership

smulx

I'm a member of total fitness and decided to cancel at the start if the month. I phoned on the 2nd (I think) and was told over the phone that I had to put it in writing and send a letter or email. She also said that as I was doing it before the 5th that my months notice would be just the remainder of December.

I emailed and didn't get a reply. Couple of days later I emailed again asking that they acknowledge receipt of my request and they haven't replied to that either. I've cancelled the direct debit so I have no doubt that next month I'll receive a letter threatening me with debt collectors. Any ideas on what I should do, or should I just forget about it and see what happens?

Thanks

DVardysShadow

You absolutely need evidence that you have cancelled. As you have emailed rather than writing a proper letter, you are totally dependent upon them acknowledging. Which they won't.

I would suggest that you write a proper letter, stating that you have sent a cancellation, but you fear that they are not acting in good faith in not acknowledging reciept. Therefore you are giving one more month's notice - and as you have cancelled the Direct Debit, you are enclosing a cheque for the final month. Mention the cheque number in your letter. Keep a copy and deliver it by hand, with someone as a witness who can provide a statement if required.

If they cash the cheque, in conjunction with your letter, this will show that you have cancelled.

smulx

Thanks for the advice. I unfortunately don't have a cheque book though. Do you think a recorded delivery letter would suffice? If they're being awkward about cancellations (as so many people are cancelling) they could just not accept recorded delivery letters so people don't have proof of cancellation. There must be a better way then sending them more money and using their acceptance of this as proof

AndyBSG

I had something similar recently where I was told an E-mail was not accepted and that I had to send a letter...

I then took great delight in pointing out to them that E-mails are perfectly legal and, unlike with a letter, you can prove that the E-mail was sent.

garth549

Unfortunately you can't prove an email is received though (ok so you can use receipts, but they're not very reliable). Definitely always better to send a letter or a fax as these are a recognised form of communication 'legally'.

ThumbRemote

Print out a copy of the email and post it to them, pointing out when it was sent and that they have refused to acknowledge receipt. Absolutely do not pay them any more money by cheque or otherwise, why should you have to pay for their incompetence?

ThumbRemote

garth549 wrote: »

Unfortunately you can't prove an email is received though (ok so you can use receipts, but they're not very reliable). Definitely always better to send a letter or a fax as these are a recognised form of communication 'legally'.

Nor can you prove a letter has been received - even signed for only proves you sent something, potentially an empty envelope.

Kildare

Hi Smulx - are you able to go into the gym and cancel? I cancelled with Canons a couple of years ago and just popped in to see them. I filled out a form there and then which they then gave me a duplicate of and they told me when the last payment would be due.

It might be worth printing out your email and going round rather than relying on the post. And of course if you pop into see them make sure you get the cancellation in writing and the name of the person who deals with you.

smulx

I know someone else that went in to cancel a while ago and they told him he'd have to put it in writing. If I write a letter and take it in, they could just say "You didn't come in and drop a letter off".

This is a nightmare. Nothing had even happened yet but I know they're going to try and cause me problems.

arcon5

Just do this....

DVardysShadow wrote: »

You absolutely need evidence that you have cancelled. As you have emailed rather than writing a proper letter, you are totally dependent upon them acknowledging. Which they won't.

I would suggest that you write a proper letter, stating that you have sent a cancellation, but you fear that they are not acting in good faith in not acknowledging reciept. Therefore you are giving one more month's notice - and as you have cancelled the Direct Debit, you are enclosing a cheque for the final month. Mention the cheque number in your letter. Keep a copy and deliver it by hand, with someone as a witness who can provide a statement if required.

If they cash the cheque, in conjunction with your letter, this will show that you have cancelled.

Can you request a copy of a cheque after it's been cashed? If so, write something on the back, like 'cancellation notice also enclosed' so if they don't play ball and it eventually went to court you'd have, proof of 2 emails sent, recorded delivery slip for cancellation and the cheque they cashed ---- i'm sure this will juggle the balance of probabilities well in your favour!!

smulx

I don't have a cheque book.