Cancelled Gym DD without notice - threat of DCA

sourcrates

Anyone tied into a gym contract of more than a year should be able to cancel it more easily and without cost following a landmark ruling last year.



In May, the Office of Fair Trading won a ruling at the High Court against Ashbourne Management Services, which draws up contracts and collects payments from independent gyms.
This Friday the High Court is set to make an enforcement order on the ruling which could mean that anyone who is signed up to a gym contract that is longer than 12 months will be able to cancel it for free.
During the case the judge looked at 13 Ashbourne contracts, ruling that in 10 of them the lengthy minimum membership periods (usually 12, 24 or 36 months) were unfair when Ashbourne knew that many consumers stop attending the gym after two or three months.
He also ruled that three other contracts were still unfair because they tied members in for more than 12 months.
This ruling is important because, although it is not yet legally binding, it could force other gyms to follow suit.
Current contracts for 12 months or longer do not need to be cancelled, but gyms will not be able to enforce penalties or insist that members pay for the whole amount outstanding if members decide to leave.

It also means that gym-goers can cancel their memberships without cost, even if it is within 12 months, if they raise genuine issues about the quality of the gym.


This was 2013, I believe the law has now been changed to reflect this, I would suggest that moving away from the area is sufficient reason to cancel the contracts.
I would write and tell the gym you will not be paying for the reasons you have stated, and if they pursue you for the money they will be in breach of the new ruling.

-taff

It might help but he cancelled the DD, not the membership and he was a member for less than a year and he had no problem with the quality of the gym.

AliceBanned

I am pretty sure that if you move home, even within the 12 months, you can cancel. There are various other exceptions, such as illness and I think now redundancy.

Not sure how much contracts vary though, but that was the case with mine and they had no problem with me cancelling - but did suggest that I "froze" the membership until settled in my new place, which had a super duper gym nearby which they were of course convinced I would love to go to. (err well 7 miles away if you call that nearby).

sourcrates

-taff wrote: »

It might help but he cancelled the DD, not the membership and he was a member for less than a year and he had no problem with the quality of the gym.

Yes that is true, but moving away from the area should be sufficient reason to cancel, I think the law is vague in this area, what the OP should know is that regardless of what it says in his contract (that he doesn't have anymore) English contract law supersedes it, a contract, however written, must be fair, and if its not, then he is not required to abide by it, the question you must ask is "is it fair of the gym to charge for a service the OP cant use anymore as he has moved away ?" if you think it is then by all means pay up, but I personally don't think it is fair, and I would fight it on that basis, in the end only a court can rule on this, depends how far they want to take it, and how confident in there "contract" the gym is.

redcard

The issue is that the OP hasn't cancelled or made any attempt to cancel. Is it fair he just stops paying?

1 month's notice to cancel the contract sounds fair to me. So he should be an adult and give them a call.

sourcrates

redcard wrote: »

The issue is that the OP hasn't cancelled or made any attempt to cancel. Is it fair he just stops paying?

1 month's notice to cancel the contract sounds fair to me. So he should be an adult and give them a call.

Yes I take your point, although with some Direct Debt payments, just the act of cancelling the DD, also cancels the contract, mobile phone insurance springs to mind, as well as various other things.
Comes back to unfair contracts again, if his contract states he has to cancel in a particular way, again, is it fair to ask the OP to do this in this way, it can all be argued.

redcard

sourcrates wrote: »

Yes I take your point, although with some Direct Debt payments, just the act of cancelling the DD, also cancels the contract, mobile phone insurance springs to mind, as well as various other things.
Comes back to unfair contracts again, if his contract states he has to cancel in a particular way, again, is it fair to ask the OP to do this in this way, it can all be argued.

You're completely wrong - cancelling a DD does not cancel any contract.

sourcrates

redcard wrote: »

You're completely wrong - cancelling a DD does not cancel any contract.

The mobile phone insurance I had was cancellable by just cancelling the DD, there was no requirement to make any other contact with the provider.
Of course I am aware this is not the case with all contracts, but as stated above, they can all be argued on there individual merits.