Total Fitness Contract

jessicajane24

Help!!! :(:

When trying to cancel my 12 month contract starting 1st September 2012 (which I did as they asked with a month in advance etcetc.) I received an email back stating that the final payment will be on September 1st 2013?

Obviously I signed my 12 month contract on 1st September so replied to them stating that my last payment would actually be the 1st August (to end contract end of August) in order to fulfill my contract. They sent the following reply...

Upon joining Total Fitness on 30th August 2012 you signed a membership agreement, which was a commitment to remain a member at Total Fitness for a minimum period of twelve months. By completing this agreement you agreed to honour the full face value of this contract, which totals £364.88.

You agreed to pay Total Fitness a minimum of twelve monthly instalments of £29.99 commencing from 1st September 2012. Therefore, making the final monthly instalment due on 1st August 2013.

However as you joined Total Fitness on 30th August 2012 you were given the first month free, Therefore September 2012 was not part of you twelve month agreement.

We can confirm that your first monthly instalment was not due to be collected until 1st October 2012.

Therefore, we confirm that your membership is not due to expire until the 31st September 2013 and the amount of £29.99 for September 2013 is required, as this is the final payment of your twelve-month membership commitment. Accordingly you are liable for the final payment of your subscription for a full twelve-month period.

Now the issue I have is that there is nowhere on my contract that states I have to pay 12 payments? All it says is "12 month contract, first month free". The only thing that vaguely comes close is..."I understand that failure to pay the annual subscription fee whether in advance or by way of installments or any other fees shall entitle the cub to terminate the contract".

In my eyes the first month isn't free at all if they are demanding an extra payment from me!!! I was never told that my contract would be for 12 payments or the total of £364.88 and I (perhaps naively?) assumed that 12 months with the first month free would mean I paid for 11 months!?

I was wondering if this or anything similar has happened to anyone else? Or if anyone could offer me some advice please?!

Many thanks in advance

ValHaller

we confirm that your membership is not due to expire until the 31st September 2013
31st September? Well now you know the calibre of idiot you are dealing with.

Basically, you need to write back and counter their position by quoting the clause from the contract which states that it is a 12 month contract with the 1st month free. No doubt if you went along with their view that you had to pay 12 months, they would say you had paid for a 13th month which meant you were in contract for another year.

jessicajane24

Thanks, I'm glad that someone else seems to think this is ridiculous!

I will give them a ring tomorrow but I'm very wary that anything said over the phone can be denied later on? I first emailed them on 9th July so it has taken nearly a month to get to this stage. I'm worried that if it is not sorted out before 1st Sept it will flag as a non payment and affect my credit rating?

ValHaller

Don't waste time on the phone. Write a letter. Sure you do risk these idiots taking spite on your credit file, but ultimately you can refer the matter to the Information Commissioner's Office.

Alternatively, if there is a threat to your credit rating, I suppose you could pay under protest purely to protect your credit rating and in the same letter demand the money back in a letter before action - and then take them to court. It is a bit roundabout, but by you winning in court, they would be on very sticky ground to put anything to your credit record other than 'satisfactory'.

unholyangel

I agree with Val, keep it in writing so you have a record of communications should it be required.

You may also want to point out to them at where a term is ambiguous and may be interpreted more than one way, the interpretation that is most beneficial to the consumer will be applied by the courts.

Also that stating 12 month contract where its actually a 13+ month commitment is misleading and in all probability - an unfair contract term as it forces the consumer to face additional costs etc they had no real chance to become aware of prior to being bound by the contract.

Try googling and reading "oft unfair contract terms guidance".

Oh and of course, have a word with your local Trading Standards - chances are you're not the only one to come across this problem.

jessicajane24

Thank you all very much for your help. I have written back so fingers crossed this will all be resolved before the Sept payment is due!

halibut2209

They admit that the first month is free, then contradict it in their next sentence!

What a bunch of morons