Cancelled gym membership, there trying to reclaim payments...

shorn

Hi all,

Just looking for a bit of assistance with a matter thats really started to get to my fiance.

Last September, (I think) we joined a local gym under a joint membership for £40 a month. We continue to use it but since the new year the services at the gym became very sloppy. The place was very dirty and they continued to cancel fitness classes without any prior notice. (I think this was down to the fact that there was pretty much one girl instructing all the classes.) By the time it got to March the standards continued to decline so we wrote to the gym and enclosed our membership cards stating that we wished to cancel our membership for the above reasons. We also cancelled our direct debit with the bank. A month or so passed and we heard nothing so assumed all was OK, until about 6 weeks ago and we received a letter from Belmont finance on behalf of the gym stating that we were £40 in arrears. My fiance called them and said what we had done. They just asked for a copy of the letter which was then sent to them. The next thing we heard was another letter stating that money was overdue. So we called them again, and they asked if we could send a copy of the letter to the gym, as they have said that we are still members. We then hand delivered a copy of the letter to the gym so we know they have it. We called Belmont and told them this. We then heard nothing from them until today when a letter was recieved from Belmont saying that we have ignored there default notice and now owe £160. They state that it will be passed to a debt recovery company called "Revenue Collection Services" within 48 hours. They state that the only way to stop is to call with credit card details.

To add to this, we have never ever recieved a single letter from the gym (which was called U-Fitness) and the gym has now changed hands is under a new ownership. (The letter today states that we owe the monet to the new owners Collymore Leisure)

Where do we go from here. Obviuosly im going to call them tomorrow but Im so disgusted that they say we have ignored the default notice as we have called them all along the way and done everything theyve asked up until now.

Any help pleasssseeee!!

brazilianwax

Most gym memberships are for 12 months and can only be cancelled for reasons outlined in the agreement.

You have tried to cancel early, and I think for reasons that won't be covered by the contract you signed.

If that's the case, then it looks like you are indeed still liable for the remainder of the 12 months.

Sorry

shorn

If that is the case, does that mean that you have to continue to pay regardless of the service they then provide? I appreciate that it may be a 12 month contract that we would be happy to pay but i do not believe that they were completing their side of the agreement. They were basically no longer providing the full service we signed up to. I also never recieved any paperwork or written contract from the gym when we signed up. How can i get this?

Ian_W

I think the first thing you need to do is check any agreement you signed with the gym when you joined. In my experience [though it's a long time since I went to the gym, mind!!] many of them work on a 12 month agreement that you pay for monthly. In other words though you're paying a monthly membership you're tied in for a full 12 months and in breach of contract if you fail to keep up the payments. Some insurances work the same way and often the payments are made to a finance co so that that the gym or insurer get their money up front from the finance co.
If it is one of those then I think you will struggle if you can't show they're in breach of contract by not offering what they say they will in terms of facilities.
If it is a monthly membership then again read the t&c's to see what it says about cancellation procedures and whether you've complied with them.
Once you know which it is it will be clearer what you can do.
HTH.
Edit: Was typing whilst other post was made.

shorn

What about the fact that it is now under a new management? We signed up and presumabley signed teh contract with U Fitness. Is our contract still valid now that it is a new company?

brazilianwax

You might be able to re-negotiate your rate. When our gym (£150 a month :eek: ) had defective air con for 8 weeks in the middle of summer (it was at least 30 degrees down there :eek: :eek: :eek: ) I complained and they refunded 2 months payments.

I doubt it will be easy for you to get out of the contract, which the new owners have effectively bought.

shorn

Well I'll call them tomorrow and try and sort something. Just seems crazy to me, and the finance company seems really inept.

Ironick

Essentially this hinges on whether the gym have broken their contract of service with you. If standards have declined to the extent you suggest, then this may be the case, but you may have to show this.
It would look better from your POV if you had raised these concerns before cancelling your membership.
Nick