Cancelled Gym DD without notice - threat of DCA

dankellys

I joined my local Gym (Village Hotel Gym) in August last year. I used the gym on and off until February of this year. In June I moved away from the area, and realised I was still paying £44 a month for the Gym membership, despite having never even entering the building since Feb (so they have had £152 from me, and I have never even entered the place). So, I cancelled the DD just before the payment was due to be taken in June, assuming they would just close the account and that would be the end of it.

Since then I have had 2 letters asking for 2 months worth of payments (£88), and then today received a phone call from the gym asking me to make the payment over the phone. I refused, and was told that if payment was not made by the end of this month, they would instruct a DCA.

What are my options? I really dont want to pay £88, for a gym which I have not visited since Feb, and have no intention on entering again.

Also Note, my Girlfriend is in the same position, with the same gym, as we both cancelled at the same time. She has had the same letters and the same phone call.

good_advice

Read the contract.
May be - a one year contract will end in August? Till the contract ends and you cancel at that date you will have to pay

AliceBanned

Did you have a year's contract with them? If so this usually states that you need to give a month's notice to end the contract. Usually moving from the area is obviously an accepted reason, and they may ask for proof of this.

You could try writing to them and apologising, saying you left the area and were not aware you had to give them notice before cancelling, but could they please waive the fee? Alternatively if it is a chain and there is one in your new area they may let you use that for two months - otherwise they will chase you for the debt and you will not get use of gym for it. Tough I know but have a look at the contract and try to reason with them.

AliceBanned

Even if the contract ends in August, moving home should be accepted by them as a valid reason to cancel before this. I think this will be in most gym contracts. I did this last year when I moved, and agreed to transfer to local branch to my new home (but they gave me the choice, I could have just cancelled and not had to continue paying).

On another note I later cancelled altogether (giving a month's notice) and haven't looked back. I only miss the pool and steam room, but am saving £70 per month and enjoying the great outdoors instead.

dankellys

Sadly I dont have a copy of the contract. Not sure if they sent me one when I joined, or whether I signed it there and then. If they did send me one, I must have thrown it away when moving home. If I leave it to go to DCA, and choose to fight back (I have read a few things about the 3 letter system) what are the chances of the DCA following it up?

dankellys

Also, As I have moved home, the details they have on their system are out of date. So if they instruct a DCA, will they actually be able to trace me? I have mail direct on at the moment, so I am received the letters, but they currently do not have my address.

-taff

Cancelling a DD doesn't cancel the service as you've found out.

The chances of the DCA following it up are pretty good because it's a new debt, they haven't got to work that hard to find you.

dankellys

Ok, thanks for the replies. So we should just bite the bullet and pay the £88 they are asking from each of us (£176 in total)?

Powered_By_Pies

dankellys wrote: »

Ok, thanks for the replies. So we should just bite the bullet and pay the £88 they are asking from each of us (£176 in total)?

Yep. Looks that way I'm afraid.

You can ask the gym for a copy of the contract, they should have that stored on their system. This would then give their t's and c's including any termination notice period.

I would advise against letting it go to a DCA, before you know it the amount could double as they magic up more charges to inflate the final bill.

Unfortunately unless you can explain to them that you forgot to post a notice of termination because you got caught up in the move, I'd chalk it up as a life experience, pay it and move on. Not what you're likely to want to hear but contracts like these are just like phone contracts - once you're in, you're in, and there's not much wiggle room for you to get out of it.

stevemLS

dankellys wrote: »

Sadly I dont have a copy of the contract. Not sure if they sent me one when I joined, or whether I signed it there and then. If they did send me one, I must have thrown it away when moving home. If I leave it to go to DCA, and choose to fight back (I have read a few things about the 3 letter system) what are the chances of the DCA following it up?

Don't bother with that 3 letter system - it is utter nonsense.

-taff

Do ask them if they might waive part of the charges for the reason suggested by Powered by Pies.