Gym membership cancelation

wiogs

andycris3107 wrote: »

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.

I think for that one you need proper legal guidance.

bris

andycris3107 wrote: »

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.

It will have no bearing what so ever, the fact that you attended the gym and are now trying to cancel a contract proves the contract exists. Being in writing only makes contracts easier to enforce but contracts are also formed in different ways like paying and attending to prove it.


You can't even say your wife did it without your permission because you have been 3 times so are party to the contract.


Your only get out is the 10 days but as already been said midnight on the 16th is the end of the ten days. Argue technicalities all you wand but the ten days is up.


Gyms make a lot of money in January by people signing up and by the middle of February they never go back, only to realise they are stuck with the contract.

unholyangel

wiogs wrote: »

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?

It is day 1, but its not 1 day (iyswim?).

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.

To put it another way, if you sign on the 7th, then on the 8th it will have been 1 day from when you signed the contract, on 9th it will have been 2 days, 10th is 3, 11th is 4, 12th is 5, 13th is 6, 14th is 7, 15th is 8, 16th is 9 and 17th is 10 days from signing the contract.

Whether they're allowed to use the services or not irrelevant to that term.

However to use your own example, all rental agreemnts I've seen dont start on the day you sign. You may sign on the 8th but your tenancy wont actually begin until the 15th.

If they didnt want any ambiguity then they should have worded their terms better.

andycris3107

I've responded to the gym to outline the fact that my interpretation of 10 days would indicate that it possible to cancel up until the 17th. Given that both the manager and his colleague verbally agreed that this "could lead to confusion" I consider that their clause is open to more than one interpretation, thus regulation 7 of the unfair terms in consumer contracts which states "if there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail".

Interestingly given their method of accounting for days if they were to offer say a one day cooling off period, by their own application of the clause you would have to both sign up and cancel on the same day, which is not how the majority of people would interpret this. Hopefully I should get a response today.

wiogs

andycris3107 wrote: »

I've responded to the gym to outline the fact that my interpretation of 10 days would indicate that it possible to cancel up until the 17th. Given that both the manager and his colleague verbally agreed that this "could lead to confusion" I consider that their clause is open to more than one interpretation, thus regulation 7 of the unfair terms in consumer contracts which states "if there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail".

Interestingly given their method of accounting for days if they were to offer say a one day cooling off period, by their own application of the clause you would have to both sign up and cancel on the same day, which is not how the majority of people would interpret this. Hopefully I should get a response today.

My interpretation of one day would be if I signed up at 10:00 then I had until 24 hours later to cancel.

andycris3107

wiogs wrote: »

My interpretation of one day would be if I signed up at 10:00 then I had until 24 hours later to cancel.

Precisely. I did a quick poll around the office yesterday and 100% of people said that they would expect a 10 day period starting on the 7th to expire on the 17th. Since any specific definition is not supplied then in theory this interpretation stands. Either that or I work with a group of very illogical or thick people

andycris3107

RESULT!

After 4 days of refusing to back down and finally pointing out The Unfair Terms in Consumer Contracts Regulations article 7 they have backed down.

Contract cancelled with immediate effect!!

ConsumerGuy0016

andycris3107 wrote: »

RESULT!

After 4 days of refusing to back down and finally pointing out The Unfair Terms in Consumer Contracts Regulations article 7 they have backed down.

Contract cancelled with immediate effect!!

Congrats. Shows how useless a lot of the advice given on here is.