Gym Membership help required

JustSomeone

Dear all,

I'm new here so please be kind, and I've joined to get some advice.

I've been attending some gym classes since the beginning of the year. At the end of last year I was on a trial membership. At the turn of the year the booking system for the gym changed and I also changed banks.

It would seem, though no-one is sure, that in the process my direct debit went missing. And so I've not been paying since January. Each month I got an email saying my memberhsip had been renewed, at a cost of £0.00, which I assumed to be a typo (not uncommon in the emails). It also behaved as you would expect in that I couldn't book classes, beyond the date of that email until it was renewed. So to me the system was operating as it should.

The club have recently contacted saying they want to back date payment. The email exchange has become more threatening (not quite the right word but you get the idea). Whilst I can afford the monthly payment, I can't afford two monthly payments. So paying it off would mean not going for 5 months. Also given the way its been handled has left a sour taste in my mouth.

So to my question, where do I stand? Morally I think I'm obliged to pay, but legally? To me it seems nuts that their system would let me book or renew my 'memberhsip' when it costs nothing.

Also, if I used a discount code to buy memberhsip, could, after the purchase has been made, this be revoked and I be told to pay the non-discounted price.

Thanks for the advice.

burlington6

Would you be happy if they over charged you and refused to pay you back?

London50

I am no expert at all but on the face of it you have used the gym therefore leagally you owe the money. Things go wrong and yes the company should have sorted it out a lot sooner than they have but they did not {no fault of yours, still you knew that it should not have been free for all that time but took a chance. My only thought would be to contact them again and see if they will agree to you paying the backdated dues a set amount on top of the dues for each month until the debt is cleared.
As I say I am no expert but if I were in your position that is what I would do. Good luck

daytona0

JustSomeone wrote: »

Dear all,

I'm new here so please be kind, and I've joined to get some advice.

I've been attending some gym classes since the beginning of the year. At the end of last year I was on a trial membership. At the turn of the year the booking system for the gym changed and I also changed banks.

Ok, so both you and the gym did something which may cause the payments to be not as smooth as they could be.

It would seem, though no-one is sure, that in the process my direct debit went missing. And so I've not been paying since January.

You would have had a responsibility to change over the direct debit and notify your gym of these changes. To what extent did you do that? Or has the bank royally screwed up on your instruction, and could this be something you can query with them?

Each month I got an email saying my memberhsip had been renewed, at a cost of £0.00, which I assumed to be a typo (not uncommon in the emails). It also behaved as you would expect in that I couldn't book classes, beyond the date of that email until it was renewed. So to me the system was operating as it should.

That's weird. From personal experience, though, I've found that gyms will give you access for a while before they clock on that you haven't paid. So I can believe that it behaved as normal for a while. The email is probably a bit of a glitch, esp on a new system.

The club have recently contacted saying they want to back date payment.

Rightly so!! You had access to their facilities and you didn't pay for them. That's the bottom line. Check your contract to see if it includes ANY exceptions to that, but that is likely to be the bottom line here.

The email exchange has become more threatening (not quite the right word but you get the idea).

Let me guess, threatening to take you to court for not paying for a service they have provided for you?

Whilst I can afford the monthly payment, I can't afford two monthly payments. So paying it off would mean not going for 5 months. Also given the way its been handled has left a sour taste in my mouth.

It might be 3 months if you decide to keep on with the gym! That aside, gyms aren't THAT expensive and finding an extra 15-35 quid isn't the end of the world (if you pay more than 35 then you're probably being ripped off)! Also, if you haven't paid for 2 months then presumably you noticed the extra bit of income in your bank at the time? What happened to this, and why didn't you query the extra bit of money in your bank? Did you set this money aside each month for either general savings or payment of the arrears? ALSO, the gym is a luxury item which you can seemingly afford to have after paying bills etc.... this indicates that the extra surplus money you had (due to non payment) each month has ALSO gone towards luxury items! This thus implies that, were you unaware of the gym membership not going through, you spend a certain portion of your income on luxury items and therefore CAN afford to cough up the money (whilst living a bit more frugally for a month)

So to my question, where do I stand? Morally I think I'm obliged to pay, but legally? To me it seems nuts that their system would let me book or renew my 'memberhsip' when it costs nothing.

Does the contract state that it costs nothing, or is that just some sort of possible system glitch/invoice?

Also, if I used a discount code to buy memberhsip, could, after the purchase has been made, this be revoked and I be told to pay the non-discounted price.

Thanks for the advice.

Depends on the terms of the contract....

If you mean can they charge you full price for non payment of a discounted membership then no (unless it is a condition).

JustSomeone

Just to clarify, I didn't actually know that it was free. The email I had assumed was a typo. I only realised I hadn't been charged when they contacted me.

JustSomeone

@daytona0

The bank was meant to transfer the direct debit as part of their switching promise thing. But it's gone AWOL.

The email I thought was a new system glitch/typo, but it turns out it was accurate.

It's a lot more than £30. I'd be looking at £130 if I was double up the payment each month. I didn't notice the 'extra' money as it was a separate account that is just for direct debits, and not one I check often (that's going to change).

I'm fortunate enough that the money isn't really the issue (although a bill of a few hundred pounds always stings), I'm curious about the legal stand point.

They haven't got the the point of threatening legal action... yet. But they are saying the only options to pay are through their current memberships, the shortest of which is 6 months. So they don't seem to be willing to be flexible.

When you ask what the contract says about the cost... I don't actually have a contract. I was on a trial then I should have moved over to a contract that pays monthly. That later bit didn't happen. I could be wrong (probably I am) but, because of what happened, there was no contract between myself and the gym.

unholyangel

Legal standpoint is you agreed to a contract of x duration for x services for x amount.

The payments haven't been made. I realise this has been a mistake (whether through your bank or the gym is irrelevant) but a mistake is just that. It doesn't change what was agreed or change that your obligations under the contract have not been fulfilled.

However, you can ask them to make the repayments reasonable - especially if it was their fault.

As for the discount, can you clarify a bit. Do you mean you signed up to a (for example) £50 a month contract and they later refused to give it saying it was £70 a month?

marliepanda

JustSomeone wrote: »

@daytona0
It's a lot more than £30. I'd be looking at £130 if I was double up the payment each month. I didn't notice the 'extra' money as it was a separate account that is just for direct debits, and not one I check often (that's going to change).

I'm fortunate enough that the money isn't really the issue (although a bill of a few hundred pounds always stings), I'm curious about the legal stand point.

They haven't got the the point of threatening legal action... yet. But they are saying the only options to pay are through their current memberships, the shortest of which is 6 months. So they don't seem to be willing to be flexible.

When you ask what the contract says about the cost... I don't actually have a contract. I was on a trial then I should have moved over to a contract that pays monthly. That later bit didn't happen. I could be wrong (probably I am) but, because of what happened, there was no contract between myself and the gym.

You contradict yourself. You say you can't afford two monthly payments, then say money is not an issue. You say it's in a separate DD account which you obviously put the right amount in each time, so there should be the extra money in that account to pay it off, as you say you don't ever check it.

There is a contract because you went to the gym and used it.

LilElvis

JustSomeone wrote: »

So to my question, where do I stand? Morally I think I'm obliged to pay, but legally?

So, you accept that you are morally obliged to pay for the months that you have used the gym without paying, but would happily act in an amoral way (ie not pay) if we tell you that there is no legal obligation to do so? Nice!

stevemLS

Surely most people pay particular attention to their statements when they have transferred current accounts?

(Or is it just me given that I have only done it twice in 30 years!)

daytona0

JustSomeone wrote: »

@daytona0

The bank was meant to transfer the direct debit as part of their switching promise thing. But it's gone AWOL.

So that would be the bank's fault, and you would need to address your queries towards them....

Otherwise, it would be your fault for not ensuring that your DD was not set up properly.

Just as a side note but the contract is between you and the gym, the bank has a somewhat limited role in that.

The email I thought was a new system glitch/typo, but it turns out it was accurate.

Accurate how so? Did you sign a contract which states that you will pay 0 pounds a month?

It's a lot more than £30. I'd be looking at £130 if I was double up the payment each month. I didn't notice the 'extra' money as it was a separate account that is just for direct debits, and not one I check often (that's going to change).

I've lived in one of the most expensive areas OUTSIDE of London and the gym fees have never exceeded 30 pounds for a DECENT gym. If you are paying 65 pounds a month (ie "doubling up to 130") then you're being robbed blind, unless my knowledge of London is askew.

You say you didn't notice in this separate account, but in your direct debit account (assuming you DIDN'T check) you would have placed Y pounds a month to cover your expenses. You clearly haven't checked the balance of this account (if we take you at face value, as if you'd have noticed sooner then you would have theoretically paid the gym bill quicker) so you should therefore find that you currently have an amount X which equals the arrears owed to the gym. Why don't you have an amount X in your DD account?

I'm fortunate enough that the money isn't really the issue (although a bill of a few hundred pounds always stings), I'm curious about the legal stand point.

Yea, you've got amount X in your DD account which you haven't noticed until now!!! This is a complete contradiction to your OP which says ".....I can't afford two monthly payments". The 100 pound stings, don't get me wrong, BUT you apparently haven't noticed the surplus in your DD account so it is no big deal....?

They haven't got the the point of threatening legal action... yet. But they are saying the only options to pay are through their current memberships, the shortest of which is 6 months. So they don't seem to be willing to be flexible.

Yea well, I'm not seeing much flexibility with you either.

When you ask what the contract says about the cost... I don't actually have a contract. I was on a trial then I should have moved over to a contract that pays monthly. That later bit didn't happen. I could be wrong (probably I am) but, because of what happened, there was no contract between myself and the gym.

You do have a contract!!! The trial is a contract of sale, and you (and the seller) are bound by specific contractual terms.

Put it this way but if you'd have paid for a month's membership and then been told by the gym that you were not able to use the facilities (despite being a normal, fully paying, member) then you'd kick off! You pay the company to have access to the gym, and this constitutes a contract!