No contract Gym membership

Nalwoir

Hello, first time poster here. I apologise if I break any rules, I looked to see if there was a similar thread but couldn't find anything.

My wife joined a 'no contract' gym where she pays monthly by direct debit with no minimum term. She never signed any documents, they simply debit her account in advance each month.

She recently decided that she does not want to go there any more. She has told them she wants to cancel, but they insist that she is tied into a 30 day notice period.

My question is, as she has no contract, is she legally obligated to give 30 days notice, or can she cancel with immediate effect from the end of her final paid month?

Thanks in advance!

unholyangel

There is a contract. A contract is just an agreement and not necessarily a document

However if 30 days notice is a term of the contract, they would've had to make your wife aware of that at the time she entered into contract with them.

I suspect what you mean is that there is no minimum term - which is usually the case in 30/90 day rolling contracts.

Nalwoir

Thank you for clearing that up.

The membership was initially described to her as a 'no contract' membership, and beyond showing her the facilities and taking her card information, they did not inform her of any notice period. Does this change anything, or is she still bound to the 'contract' that they never informed her of, and technically misled her into believing did not exist?

unholyangel

Nalwoir wrote: »

Thank you for clearing that up.

The membership was initially described to her as a 'no contract' membership, and beyond showing her the facilities and taking her card information, they did not inform her of any notice period. Does this change anything, or is she still bound to the 'contract' that they never informed her of, and technically misled her into believing did not exist?

If they didn't give her anything to make her aware that she needed to give 30 days notice then she should be able to cancel when her current month runs out.

However.....gyms are quite notorious for refusing to cancel and some dodgy practices. So whether the gym will accept this or not I have no idea.

To cover her bases I'd sent an email (or letter by recorded delivery - keeping a copy for her own records) stating her position. That as they never advised 30 days notice was required, to now impose one would constitute binding consumers to hidden terms which would be an unfair term and legally unenforceable and may also be a breach of the CPRs (consumer protection from unfair trading regulations).

Are you sure she wasnt given a copy of anything away with her? Just asking as that is usually the standard practice when dealing with these types of contracts.

Nalwoir

She is certain they didn't give her any literature or communicate this to her in any way. She was with a friend who agrees she was not informed. The first thing we heard about it was when she went to cancel.

We will email them with the cancellation notice and the information you have given us. Would you recommend cancelling the direct debit with the bank as well, or would that cause more problems down the line?

unholyangel

Nalwoir wrote: »

She is certain they didn't give her any literature or communicate this to her in any way. She was with a friend who agrees she was not informed. The first thing we heard about it was when she went to cancel.

We will email them with the cancellation notice and the information you have given us. Would you recommend cancelling the direct debit with the bank as well, or would that cause more problems down the line?

Providing she has no credit agreement, she should be able to cancel the DD and it will be a worst case scenario of the gym chasing you via agents or courts. If she had signed a finance agreement then it could've affected her credit rating.

What you choose to do is really up to you. Personally I'd likely inform them I am cancelling the direct debit and unless they can prove the notice period formed part of the contract and I was given the opportunity to become acquainted with the term before being bound by it - I now consider our business concluded.

RHemmings

unholyangel wrote: »

What you choose to do is really up to you. Personally I'd likely inform them I am cancelling the direct debit and unless they can prove the notice period formed part of the contract and I was given the opportunity to become acquainted with the term before being bound by it - I now consider our business concluded.

I have nothing really useful to contribute here. I just wanted to say that I really like the wording that you recommend - put the ball in their court.