Trying to cancel rolling monthly gym contract, but being told I'm in a 1 year contrac

MARKMAKAVELI

Hi all,

I signed up for the gym on a monthly contract meaning I could cancel at any time with 1 months notice.

When I physically signed up I asked the salesperson to confirm this, which they did.

A few days later I checked my contract and noticed there was no mention of this.

I called up and spoke to someone who "checked the system" and confirmed I can cancel with no charges as agreed so no problems.

I have now just tried to cancel and they are saying that
- there was no such offer at the time
- the person who signed me up was a manager who wouldn't agree to it
- there is no note on the account so the person I spoke to to verify the paper contract wouldn't have said that either

I've asked them if they have voice recordings as this would prove my point, they conveniently don't.

I know I should have got them to amend the contract at the time but because the person on the phone said they checked the system and it was fine, I didn't forsee any problem as surely if the time came, they could just check the system as the previous person did.

So all they have is a signed contract for a year from me. I know this sounds like the writings on the wall but where do I stand?

System

I don't think you can expect a local gym to record every phone call. Only call centres record phone calls.

What does your contract say about cancellations?

Verbal agreements are useless without evidence.

pinkshoes

What does the copy of the contract that YOU have say?

They no doubt lied on the phone to get a customer to sign up, but you're going to have a hard time proving that.

wealdroam

MARKMAKAVELI wrote: »

So all they have is a signed contract for a year from me.

What does that mean?

You seem to be acknowledging that they have a signed contract for a year.
In which case you definitely will struggle to cancel before the year is up.

You haven't told us how long it is since you signed up.

arcon5

Gyms really are the new car salesman :0

unholyangel

You said you checked your contract and there was no mention of it being a 1 months notice to cancel.....did it state a minimum term of 12 months? What does it state in regards to cancellation and minimum term?

Technically they have to mitigate their losses and they have no entitlement to any loss they could reasonably save (by finding another customer for example). But if you're in breach of contract....you are liable for losses reasonably incurred by them as a result of your breach.

monty-doggy

I had this a few years ago, and the monthly payments were by debit card not direct debit, so I rang the bank up, cancelled my card, checked there were no direct debits and just never went back,
I got one letter from them about the rejected pay,met method and they never chased me again.

hollydays

Not great in general to try to get out of a contract this way..

hollydays

MARKMAKAVELI wrote: »

Hi all,

I signed up for the gym on a monthly contract meaning I could cancel at any time with 1 months notice.

Puzzled by why you've said meaning . Did the sales person tell you to sign because you could cancel with one months notice or did you ask.

fluffnutter

It won't help you this time, but next time, if you clarify something by phone, ask them to follow up with an email. If they don't... well, at least you know you're screwed.

monty-doggy

I know it's not the best way but didn't have much choice. I was told it was rolling monthly contract, when I wanted to cancel they said it was 12 months.