Will Giving False Details Avoid Being Chased by Gym / Debt Collectors?!

Minty24

Hi,

I - in retrospect, rather haphazardly - gave a false name, address, fake signature, DoB, phone number and email to LA Fitness when opening my account a few months back (they didn't take my picture either)... The only "real" info I gave was my bank account details...

I now want to cancel my membership (i.e. cancel the direct debit) and was wondering what the risks associated with this are? (Its a 12 month membership which I'm 6 months into)

Given they've got my bank details, will they be able to source my address / "real" details? Or will my bank keep this confidential (as they should!)

I see no other way with which they can contact me, except via my bank...

FYI - the whole "false identity" idea was both suggested and encouraged by the commission hungry rep who signed me up...

Has anyone got a view / any experience of this??

Cheers

mattyprice4004

Imagine what it looks like to them - you gave false details in the hope you could cancel early, ie for financial gain... which could quite easily be construed as fraud.

On a side note, and I know not really relevant, but this is the reason the cost of things like gym memberships are on the rise, people ducking and diving from their responsibilities. You agreed to the membership, you should really keep paying.

I don't see any way they could find the details, but I hope they do because I'm fed up of threads made by people trying to weasel out of paying for things they signed up to.

George_Michael

Given they've got my bank details, will they be able to source my address / "real" details? Or will my bank keep this confidential (as they should!)

I'm sure that if the debt gets passed to a debt collection agency, they won't find it too difficult to get hold of your details.
They could do this by getting a court order, or maybe by informing the bank that the account details you provided were being illegally used by an unknown person to gain membership of the gym.

If they do contact your bank, there is a possibility that you will find your account frozen whilst they investigate what was going on, and if they don't like what they find, they may close it totally.

All in all, giving false details to the gym whilst also giving your correct bank details wasn't really the smartest thing you could have done.

arcon5

'Fraud by misrepresentation' comes to mind

mattyprice4004

After a quick Google regarding what others have posted, I think you could be in for a bit of a shock about how silly your 'haphazard' mistake was.

At least you'll know for next time, eh.

I can find several similar forum posts (none MSE, yet!) where suspended sentences and the like have been given for fraud by misrepresentation, but of course that depends on the amount and severity of the fraud.

Still, I hope they do something about it because as I said before, I'm fed up of people avoiding their responsibilities. Perhaps being prosecuted for fraud and having a criminal record will jog your memory when it comes to giving out the correct details next time.

Minty24

Thanks for the feedback / advice which is duly noted / well received...

And your right, misrepresentation hadn't really come to mind, so thats appreciated... But ultimately, this mess is all reasonably redeemable, so I appreciate the prompt responses... Albeit being called a DF (whatever it means) by a complete stranger afforded the anominity of the Internet, "tickles"...

Similarly, I would also suggest that the ultimate determinate of the price of gym membership, given its inherent elasticity, would be local demand, taking into account the presence of competition and the relevant overheads... anyway, I digress...

The counter argument to all of the above would obviously be if certain gyms didn't make it so difficult to break contracts or, for that matter, end contracts that have run their natural course, coupled with high pressure sales tactics (tactics that suggested the "misrepresentation" in the first place) then maybe people like me wouldn't be as incentivised to avoid telling the complete truth in the first place

shaun_from_Africa

Minty24 wrote: »

then maybe people like me wouldn't be as incentivised to avoid telling the complete truth in the first place

Whatever argument you try to use to justify your action, there is quite a big difference between not telling the complete truth and giving totally false information about your name, address, age and telephone number.

DVardysShadow

Minty24 wrote: »

.... The counter argument to all of the above would obviously be if certain gyms didn't make it so difficult to break contracts or, for that matter, end contracts that have run their natural course, coupled with high pressure sales tactics (tactics that suggested the "misrepresentation" in the first place) then maybe people like me wouldn't be as incentivised to avoid telling the complete truth in the first place

You see, this is exactly where you are in the wrong. The reason you give for the false ID is that the gym contracts are difficult to break. So you are not an innocent caught by naivety. Rather, you are entering into a contract fully aware of the pitfalls and false name or not you have no excuse to do anything but abide by the terms of the contract.

Some have used the FRAUD word. On the whole, I believe that if you cancel in writing and don't attend any more, it will actually be very difficult to get a criminal conviction against you as you will not have gained anything by deception. That is unless the contract is actually for a full year paid up front with a back to back finance contract. A good lawyer should be able to get you off if it gets to a criminal court unless it is a back to back gym plus finance contract - in which case you will have defrauded the finance company by borrowing a whole years fee and only paying half back. But it would be cheaper just to keep paying and cancel in accordance with the terms and conditions.

If it goes to the civil court, unless you can intercept mail to your false address, there might be a CCJ issued against your false ID in your absence.There is an outside chance you could be traced through your account details which would leave you in a difficult position. Again, the best option is to continue paying.

As I understand it, some gyms offer different contracts according to how savvy you are. You should take gym contracts home to read and negotiate

meer53

Minty24 wrote: »

Thanks for the feedback / advice which is duly noted / well received...

And your right, misrepresentation hadn't really come to mind, so thats appreciated... But ultimately, this mess is all reasonably redeemable, so I appreciate the prompt responses... Albeit being called a DF (whatever it means) by a complete stranger afforded the anominity of the Internet, "tickles"...

Similarly, I would also suggest that the ultimate determinate of the price of gym membership, given its inherent elasticity, would be local demand, taking into account the presence of competition and the relevant overheads... anyway, I digress...

The counter argument to all of the above would obviously be if certain gyms didn't make it so difficult to break contracts or, for that matter, end contracts that have run their natural course, coupled with high pressure sales tactics (tactics that suggested the "misrepresentation" in the first place) then maybe people like me wouldn't be as incentivised to avoid telling the complete truth in the first place

Whats the point in giving false information if you're going to give them access to your bank account ? Not so clever eh ?

fluffnutter

Minty24 wrote: »

FYI - the whole "false identity" idea was both suggested and encouraged by the commission hungry rep who signed me up...

I can't help but think of the old cliche... if someone told you to jump off a cliff...

But seriously... if the gym's representative was so desperate for my custom he suggested something fraudulent, I'd steer well clear of signing up with that gym.