My gym membership is in fact a credit agreement...!

dmg24

maninthestreet wrote: »

What is the name of this gym? I think you should name and shame them.

I would hold short of doing that until you have spoken to them. It is unlikely to succeed, but I would try the old goodwill thing before messing up your chances completely!

Bamber19

maninthestreet wrote: »

What is the name of this gym? I think you should name and shame them.

Shame them because the OP doesn't read what he/she signs??

SaraSeahorse

maybe as they were given incorrect information and encouraged to sign on the basis of being told that if their circumstances changed they would be able to cancel. . . . ?

they were misled

dmg24

The OP does appear to have been verbally misled. However, if the paperwork that they signed is correct, this will override anything that has been said.

Encouragement to sign is a typical sales ploy, it only becomes illegal when there is some kind of coercion or physical force.

stugib

dmg24 wrote: »

Encouragement to sign is a typical sales ploy, it only becomes illegal when there is some kind of coercion or physical force.

Genuine question: what did mis-selling of endowments fall foul of? Wasn't that just a case of salesmen promising something that wasn't supported in the written documents? Is there a legal difference between saying 'don't worry about what that says you'll easily make enough returns' and 'don't worry about what that says you'll be able to cancel no problem'. I know one's a credit agreement the other's an investment, but aren't both covered by the FSA?

dmg24

stugib wrote: »

Genuine question: what did mis-selling of endowments fall foul of? Wasn't that just a case of salesmen promising something that wasn't supported in the written documents? Is there a legal difference between saying 'don't worry about what that says you'll easily make enough returns' and 'don't worry about what that says you'll be able to cancel no problem'. I know one's a credit agreement the other's an investment, but aren't both covered by the FSA?

To be honest, I don't know, it is not something I have looked into. However, I thought that was more to do with the fact that the seller was acting in a professional advisory capacity, and so the consumer could reasonably assume that they could rely on their advice. The seller of the gym contract was not purporting to be a financial expert.

stugib

dmg24 wrote: »

However, I thought that was more to do with the fact that the seller was acting in a professional advisory capacity, and so the consumer could reasonably assume that they could rely on their advice. The seller of the gym contract was not purporting to be a financial expert.

Yep, sounds a fair distinction, advisers being FSA regulated etc.

singlemindedly

Dear all,

I'm the OP - a female by the name of Susanne, by the way - and I've got an update...

You are very right in saying I should have read what I signed. I know that and I'm very disappointed with myself that I didn't. There was (non-physical) pressure to sign, but of course I didn't need to give into that. You are also right in that my Credit Agreement in uncancellable for the reason that it was signed on premises.

I'm now working with Citizens Advice and have actually found someone who is working on that gym's case, as apparently others have been misled and the terms under which that gym signs people are very dodgy... they have told me that first of all this gym has no Consumer Credit License (it's pending) and therefore what I signed is void anyway. There are a number of other issues with this gym and they are asking me to make a witness statement, which I will do, but thankfully for now it looks as though my situation is resolved simply due to their not having that license.

Even if they did have it, though, the mis-selling and misrepresentation would have enabled me to cancel, it would just have been stickier. - so said the Citizens Advice person.

Thank you all for your help - and I sure hope you read your contracts before you sign them, from now on I promise I WILL!!

Susanne

nealallen

Hi. Try this link from the BBC. Hope it helps!


http://www.bbc.co.uk/consumer/your_rights/

wallpapermate

hello fellow money-savers
in Nov of 2006 i joined a gym. In March of 2007 i informed them that i was moving abroad and would therefore need to cancel my membership. they told me that this was not possible however i can have a 6 month 'break' whereby i wouldnt have to pay anything for that period but my payments would have to recommence after the 6 months. After the 6 months they started to take the direct debits out of my account (and didnt even think to inform me in writing that my membership had been reactivated). I emailed the sales manager a couple of weeks ago and said i wanted to cancel the contract completely. He then emailed me back telling me that this was possible, as i was outside my minumum term of contract. I then called up the sales department to confirm when my last direct debit would be taken and they they informed me that i would have to continue to make payments until May.

My dilemma is that i have it in writing from the person that originally sold me the membership that i can cancel, and now they are going back on their word...for your information the gym this concerns is KINETIKA!!!! (hmmmm, i wonder if they have a Consumer Credit Licence...)

where do i stand legally, as i have it in writing from the sales manager himself that i am able to cancel my contract. i took this email to the bank in order that i could cancel my direct debit and they seemed happy with this. Where do i stand if the gym then try and recover money from me?

Any advice woud be most appreciated!