Gym membership cancelation

andycris3107

unholyangel wrote: »

If a term is ambiguous and could be interpreted more than one way, the interpretation most favourable to the consumer (the party who did not write the contract) would prevail.

Hi, can you tell me where that may be supported (SOGA or CCA for example?)

unholyangel

andycris3107 wrote: »

Hi, can you tell me where that may be supported (SOGA or CCA for example?)

Unfair terms in consumer contracts regulations:

(1) A seller or supplier shall ensure that any written term of a contract is
expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation
which is most favourable to the consumer shall prevail …

Which you can find here:
http://www.legislation.gov.uk/uksi/1999/2083/regulation/7/made

Its also mentioned in OFT's unfair term guidance (under group 19) which you can find here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

ETA: I'd also go with 17th btw. If i were to tell someone today, I'll see you in 2 days, they'd expect me on wednesday, not tomorrow (given that from now until tomorrow will be 1 day, not 2).

timbstoke

Did you join online or by phone? If so, you have an absolute right to cancel within 14 days, although you will have to pay for your use up to the cancellation date. Write to the gym, and bring their attention to the Consumer Contract Regulations 2013 (changes are they haven't bothered updating their contracts to reflect the new regulations). Gym membership is explicitly used as an example here: http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

If you signed up in person at the gym, then the CCR won't apply. That being said, I'd still try a letter pointing at the Which? guidelines above - it's pure bluster, and you're pointing them at legislation that doesn't apply, but with a bit of luck they won't know that.

If that doesn't work, the old faithful for gym contracts is to read the contract, find out what they consider to be unacceptable behaviour, and indulge in that behaviour so that they no longer want you as a customer.

wiogs

unholyangel wrote: »

Unfair terms in consumer contracts regulations:

Which you can find here:
http://www.legislation.gov.uk/uksi/1999/2083/regulation/7/made

Its also mentioned in OFT's unfair term guidance (under group 19) which you can find here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

ETA: I'd also go with 17th btw. If i were to tell someone today, I'll see you in 2 days, they'd expect me on wednesday, not tomorrow (given that from now until tomorrow will be 1 day, not 2).

I see what you are saying, however the day that the contract is signed is day one is it not? Or do you think it is pre day one?

andycris3107

Thanks for the tips, all good stuff.

Not so sure about the unacceptable behaviour bit - sorry, I do like to be a good lad.

One final question - as the contract is in my name yet signed for by my wife could this contract be void? it may sound like an odd thing to happen but there is a logical reason as to why this happened and if the contract is not binding as a consequence then this obviously helps me.

Thanks

vuvuzela

unholyangel wrote: »

ETA: I'd also go with 17th btw. If i were to tell someone today, I'll see you in 2 days, they'd expect me on wednesday, not tomorrow (given that from now until tomorrow will be 1 day, not 2).

That's a very different situation. The OP's situation is the same as signing pretty much any contract to use/occupy/rent anything, in which the day the contract is signed is day 1. They are then permitted to use the facilities on the day of signing, so that is clearly the first day, day 1.
Eg they sign today a contract on a rental property for 1 year. Today would be day 1, the end day in a year's time would be January 18th 2015. I would (unfortunately) agree with the statement by the gym in that they are over the time limit.

timbstoke

andycris3107 wrote: »

The cooling off period as per the contract is stated as:

3.1 You have the right to cancel your membership for any reason by sending or taking a written notice of cancellation, addressed to the Manager at your Club within ten days of joining (i.e. within 10 days of us confirming that we have signed your Membership Application Form).

Hang about. How did you try to cancel? You're quoting them, so I'm guessing email. Which would be a shame, because if you'd sent them a letter on the 16th, it wouldn't get there any sooner than if you'd sent it on the 17th, and term 3.1 would make it clear that you are in fact in time.

However, since I'm guessing it's email, I'd reply with choice quotes from the UTCCR as suggested by unholyangel, pointing out that you consider the 17th to be Day 10, and as the term is ambiguous, your interpretation wins according to UTCCR. As such, you consider your cancellation to have been submitted in time and the matter closed.

Then keep an eye on your bank and cancel any new direct debits as they appear. If they send you the 10 day notice of DD as they are required to do, reply in writing and tell them that the DD has been cancelled as per your cancellation email of the 17th.

Is the DD on a joint account? If not, it doesn't matter what their terms say, they'd have a hard time convincing your bank that you've authorised the DD.

andycris3107

vuvuzela wrote: »

That's a very different situation. The OP's situation is the same as signing pretty much any contract to use/occupy/rent anything, in which the day the contract is signed is day 1. They are then permitted to use the facilities on the day of signing, so that is clearly the first day, day 1.
Eg they sign today a contract on a rental property for 1 year. Today would be day 1, the end day in a year's time would be January 18th 2015. I would (unfortunately) agree with the statement by the gym in that they are over the time limit.

Could it not be assumed that given that there is a difference of opinion that "there is doubt about the meaning of a written term" as detailed in regulation 7 of the Consumer Contracts Regulations and that as a consequence "he interpretation which is most favourable to the consumer shall prevail"

andycris3107

Does anyone have any insight on the legality of the contract being in my name but signed by my wife. I'd really like to know where I stand on this one to add some more weight to my argument.

wiogs

andycris3107 wrote: »

Could it not be assumed that given that there is a difference of opinion that "there is doubt about the meaning of a written term" as detailed in regulation 7 of the Consumer Contracts Regulations and that as a consequence "he interpretation which is most favourable to the consumer shall prevail"

It could be argued perhaps but not assumed.