Gym membership cancellation - how far to take it?

idingsdale

I'm not sure if this is the best sub for this, but please feel free to move it or let me know where is better

Was hoping for some advice about a gym membership. I signed up in person a few months ago, but the staff never returned calls to arrange my induction. I was under the impression that all contracts had a 14 day cooling off period (first mistake) so called about 12 days after signing to speak to the manager and cancel. He was very friendly, apologized about it and assured me it would be cancelled without an issue or further charges. I asked if I needed to put anything in writing and he assured me not - I was going to do so anyway but completely forgot (second mistake)

I got a text alert from the bank a few days later saying that a standing order had been set up on my account - I thought it wasnt a big deal so called the bank to cancel it.

Now, the gym's administration/management company are sending me letters about the arrears on my account and threatening to pass it to a debt collectors - it's only about £90 at the moment, the contract was £29.99 for 12 months.

So I've since learned that it's not a credit agreement, it's just a contract with monthly repayments. This is good because it means it doesn't affect my credit rating (have checked) but it also means there's no cooling off period. I also understand the fact that I signed it in person means this would not have applied anyway.

Given that I have no proof of cancellation originally, how far should I take this? I can afford to pay the £360 for the membership and chalk it down to a lesson learned, but it's the principal of it. So I'm trying to work out how far to push it before backing down...

I understand that debt collectors have no legal powers, but how much can they legally add in admin fees, interest etc? If it was to go to court and I lost, would I be lumbered with all those fees?

Am I right in thinking that if it did go to court and I lost, I'd technically have a CCJ but it could be removed from my file if I pay within 30 days?

I'm still hoping to speak to the Gym manager and sort it out from that end, the finance/admin company (Ryburn finance) have been utterly useless though.

So what would you do? Do you think I have a valid case to argue that the gym wasn't proving the service, and that I've never once set foot in the premises (so not costing them any money by using their services) since?

My credit rating is excellent so I don't want to tarnish it with anything or end up with this costing thousands, but I also don't want to back down!

ellesbellesxxx

Don't suppose you remember the manager's name? If so, I would be tempted to write and say that during the cooling off period, you called ** on such a date and cancelled... you considered the matter closed?

idingsdale

I do indeed and I actually just spoke to him on the phone - he was really apologetic and said he was going to call the finance company now.

I might follow it up with a polite letter, confirming the conversation and copying in the finance company

aznlayer

Don't pay them.

The company mislead you. As you were informed the membership was cancelled so you didn't use the facilities. they can't now demand that you pay up.

DandelionPatrol

idingsdale wrote: »

I do indeed and I actually just spoke to him on the phone - he was really apologetic and said he was going to call the finance company now.

I might follow it up with a polite letter, confirming the conversation and copying in the finance company

Finance company? I thought you said this was not a credit agreement?

Look carefully at your agreement to check out whom it is with. If it is direct with the gym, just write to the gym and leave the finance company out. But include the finance company if your agreement is with them. And in this case, expect difficulty cancelling.

And definitely write. Take care to tell them that their manager has agreed to cancel - don't let politeness push you into the trap of asking them!