Gym Membership Cancellation Saga

Hoopylass

So I joined DW Sports gym last year and signed up for a initial 6 mth membership and then after that it was a rolling monthly contract.

Shortly after joining I sustained a knee injury and Im currently waiting to find out if I need surgery, I also lost my job shortly after this and have also been in and out of hospital for other health problems so have rarely used the gym at all.

I waited the 6 mths to cancel, my direct debit comes out my account on the 1st of the month. So at the end of may (month 6) I sent the company a letter giving them a full months notice and once Junes payment came out I cancelled the direct debit.

They are now stating that they did not received the letter until the start of July so technically I am now owing them Julys payment. I have emailed the company back and forth explaining the situation but they are not willing to listen. Yesterday I received a letter stating if I did not pay then It would be passed to a debt company and I would be liable to pay a £15 fee for this.

I dont know what to do ... I was wondering if anyone had any advice before I go up to see them.

wealdroam

It seems from their T&Cs that you must give a full calendar month's notice:

I acknowledge that my membership is for a fixed period of 14 months however I can cancel my membership after the first 6 months by providing one full months calendar notice. I accept that I must give a full calendar month notice of cancellation. All members who wish to cancel their membership must do so in writing at their Club. Failure to do so will result in the claiming of another direct debit payment.

Are these the T&Cs you agreed to?

I'm a bit confused about the dates you have given, but did you give one clear calendar month's notice?
And importantly, did they receive that written cancellation notice before the start of that clear calendar month?

Hoopylass

wealdroam wrote: »

It seems from their T&Cs that you must give a full calendar month's notice:

Are these the T&Cs you agreed to?

I'm a bit confused about the dates you have given, but did you give one clear calendar month's notice?
And importantly, did they receive that written cancellation notice before the start of that clear calendar month?

Sorry my last post wasnt that clear.

So at the end of May (dated and posted 26th May) I wrote to the company giving them one months calender notice, Junes direct debit was taken and I cancelled the payment for July.

The company are claiming they didnt receive the letter till after the 1st of June so therefore the 1 month notice was ineffective and I still owe Julys payment.

Hope that makes a bit more sense.

wealdroam

Hoopylass wrote: »

Sorry my last post wasnt that clear.

So at the end of May (dated and posted 26th May) I wrote to the company giving them one months calender notice, Junes direct debit was taken and I cancelled the payment for July.

The company are claiming they didnt receive the letter till after the 1st of June so therefore the 1 month notice was ineffective and I still owe Julys payment.

Hope that makes a bit more sense.

26 May was a Sunday, and 1 June was the following Saturday... should be plenty of time for a letter to get there.

I guess you have no way of proving they got the letter before 1 June?

I imagine you have no proof of posting either... what with it being a Sunday?

Not sure there is an easy way out of this.

Hoopylass

wealdroam wrote: »

26 May was a Sunday, and 1 June was the following Saturday... should be plenty of time for a letter to get there.

I guess you have no way of proving they got the letter before 1 June?

I imagine you have no proof of posting either... what with it being a Sunday?

Not sure there is an easy way out of this.

Exactly ... just typed out the letter and popped it in the post box.

Its basically their word against mine.

halibut2209

What's the date on the letter?

Debt collectors have no powers. The only way they can force you to pay is to take you to court and win. In the highly unlikely event they attempt this, the balance of probabilities is on your side and I would think the judge would rule in your benefit, and not look too favourably on the gym for wasting peoples time!

wealdroam

halibut2209 wrote: »

What's the date on the letter?

26th May...

Hoopylass wrote: »

So at the end of May (dated and posted 26th May) I wrote to the company giving them one months calender notice...

halibut2209

Oopsie!

Then I stand by my advice. Ignore them, and if you get contacted by a debt collector, simply tell them the debt is denied and that they must refer it back to the gym.