Misrepresented 36 month gym contract

arcon5

Send then extracts of the cases mentioned. Tell them you will pay 30 days notice as compensation and will be terminating it immediately.

Assuming they don't report to CRAs you can ignore anything up to the court summons (which is unlikely to ever arrive) or just respond with the exact same letter every time they contact you.

Going forward, don't trust anything a salesman may tell you. If its not in writing its worthless.

ValHaller

arcon5 wrote: »

Assuming they don't report to CRAs

There is no basis to do this - there is no credit involved as far as I can see - it is a straight contract with the gym. However the contract is often a back to back loan and gym contract where payments may be reportable.

OneOfManyjakes

ValHaller wrote: »

There is no basis to do this - there is no credit involved as far as I can see - it is a straight contract with the gym. However the contract is often a back to back loan and gym contract where payments may be reportable.

In fairness to Harlands they did tell me that the contract is not a financial agreement and could not affect my credit score adversely.

I think I'll give the gym another ring and talk to them about it. Just to be on the safe side I'll see if I can get citizens advice to look over the contract itself first.

So far I think the contract is:
1) Not legally enforceable by Harlands. Attempts to do so are harassment and I can report them to the police.
2) Invalid due to the miss-representation at the point of sale.
3) Not legally enforceable due to legal precedent regarding the duration and cancellation terms.

Thanks to all of you for posting such helpful information. MSE forum truly rocks. I shall update once the dust has settled.

wealdroam

OneOfManyjakes wrote: »

In fairness to Harlands they did tell me that the contract is not a financial agreement and could not affect my credit score adversely.

I think I'll give the gym another ring and talk to them about it. Just to be on the safe side I'll see if I can get citizens advice to look over the contract itself first.

So far I think the contract is:
1) Not legally enforceable by Harlands. Attempts to do so are harassment and I can report them to the police.
2) Invalid due to the miss-representation at the point of sale.
3) Not legally enforceable due to legal precedent regarding the duration and cancellation terms.

Thanks to all of you for posting such helpful information. MSE forum truly rocks. I shall update once the dust has settled.

I would forget point 2).

You cannot prove what they said at the time, but they will be able to confirm, by pointing to the written contract, what is likely that they said.

Concentrate on the unfair term - 36 months is unfair.
See the link in my earlier post.

arcon5

Harlands sound like their acting agents, so any action they take will likely be on the gyms behalf, so wouldn't necessarily be constituted as harassment simply because they are not party to the contract.

And don't get your hopes up thinking the police would take an interest in what is a civil matter.