Stopping a Gym contract - CCJ

oasisscott

My girlfriend recently stopped paying her Gym membership. She had signed a 12 month contract and informed the Manager however he was very unhelpful so in the end the only option my girlfriend had was just to cancel her DD. Of course this resulted in several calls from first the gym, then ARC(Europe) debt collectors. The situation was explained several times to many different people which in the end caused a lot of stress for my girlfriend. The position at the moment is she has now received a letter from a solicitor informing her that a CCJ is being filed. There was approximately 6 months left on the gym contract but of course interest, Solicitor, and court fees have now been added taking the "sum" to £600 approximately. I use the word "sum" as my argument is, and this is the most frustrating part, is they insist in calling it a debt. Fair enough If she had a TV,Hifi, or had indeed 'borrowed' £500 from someone and refused to pay this back then it would be a debt? am i right? However she now no longer uses the gym yet is now expected to pay £600!! What I would like to know is if this is paid is Esporta then going to allow her to continue using the gym for the remaining 6 months?!?!?!? I think not. Too often nowadays people sign contracts which unfortunately puts the retailer or whoever it may be in a position where they, to me BULLY people into paying out. I understand she has broken a legal contract but I think it would be a lot more fair if they was say for example an exit charge for breaking the contract. Can anyone offer any advice as a way round this rather then paying out £600 and paying for something that she will not be able to use?

McKneff

She has, presumably signed a legally binding contract for 12 months memebership so she owes 12 months money,
she has paid for 6 months, she owes for 6 months, so of course its a debt. They do charge a cancellation fee in a way, its equivalent to the amount of money reaching to the end of the contract, thats normal with things like mobile phone contracts.

Your reasons for it not being a debt are ridiculous.

Its the same as if you sign a contract for SKY or BT for 12 months, you tell them that you will pay them 12 months payments so that's what you gotta do. You cant just unilaterally change your mind 6 months down the line.

Why not ask the gym if she can go back for the remaining time which probably wont be 6 months now and see what they say