Gym 'contract' dispute

ShabbyV

Hello there,

I'm writing on here in the hope that someone can offer some advice. I'll do my best to explain the situation.

Last year I signed up to a gym. When I joined I had the option of a cheaper rate if I signed a 12 month contract or a more expensive rate with 'no contract'. I hate contracts and so I opted for the latter option so that I could cancel at any point (I was under the impression that this was the case). Now, last month money was tight and the gym payment bounced from my bank account. I didn't think there would be a problem with that and it just meant I can no longer go to the gym.

To my surprise and disblief I have now received a letter from a financial administrator working on behalf of the gym. In the letter they are demanding the payment of the bounced monthly instalment plus a £20 admin fee that they want me to pay by Nov 10th. I consider this strange considering I don't have a contract. Since then I've looked on their website and I found the following statement explaining their take on 'no contract':

'You are not contractually tied to us for any specified period of time, you can cancel your membership giving 30 days written notice. Upon submitting a cancellation request you may be liable to make a final payment, within this cancellation notice period.We also offer a 12 month contract, this option ties you in for 12 months, however, the monthly fee is less than the no contract option.'

I'm a bit confused about my position. I don't feel that they're in any position to be making these demands and I'm left wondering what will happen if I refuse to bend to their demand.

Cheers,

James

Caz3121

ShabbyV wrote: »

I opted for the latter option so that I could cancel at any point


'You are not contractually tied to us for any specified period of time, you can cancel your membership giving 30 days written notice. Upon submitting a cancellation request you may be liable to make a final payment, within this cancellation notice period.We also offer a 12 month contract, this option ties you in for 12 months, however, the monthly fee is less than the no contract option.'

It read that what you signed up for had no minimum term and at any point you could give 30 days written notice and leave
Have you actually given your 30 days notice to cancel? if not you are still a member and you will still be liable until 30 days after you do

ShabbyV

When I signed up I wasn't told either way and I wasn't give any information regarding this.

No, I haven't given my 30 days notice. I only read that today.

DandelionPatrol

As the 'contract' is headlined 'no contract', unless they actually gave you a written contract, I believe that you are entitled to rely on the description of 'no contract'.

So effectively, the requirement to give 30 days notice is non binding. Having said it is no contract, there has to be a minimal contract. All a court should do is interpret the 'no contract' with the barest minimum of terms to make a contract workable. So if you pay in advance, it is effectively PAYG and a court should not enforce 30 days notice.

Of course, if it goes to court, you would need to make the argument to the Judge as to the minimal interpretation of 'no contract' arising from the headline description.

BigBopper

DandelionPatrol wrote: »

As the 'contract' is headlined 'no contract', unless they actually gave you a written contract, I believe that you are entitled to rely on the description of 'no contract'.

So effectively, the requirement to give 30 days notice is non binding. Having said it is no contract, there has to be a minimal contract. All a court should do is interpret the 'no contract' with the barest minimum of terms to make a contract workable. So if you pay in advance, it is effectively PAYG and a court should not enforce 30 days notice.

Of course, if it goes to court, you would need to make the argument to the Judge as to the minimal interpretation of 'no contract' arising from the headline description.

Shall we see what he's actually signed up for before you start guessing?

wealdroam

ShabbyV wrote: »

I'm a bit confused about my position. I don't feel that they're in any position to be making these demands and I'm left wondering what will happen if I refuse to bend to their demand.

Cheers,

James

James, welcome to the forums.

I cannot understand your confusion. It seems quite clear to me and Caz has spelled it out for you again.

You ask what will happen if you break your contract, is that what you mean by 'bend to their command'?

The company could set debt collectors after you, and of course any fees from the debt collectors will be added to your outstanding bill. They could pursue through the courts for the debt. the third alternative is that they might forget all about it.

Any of their choices could bring with it a black mark on your credit ratings.

Are you a gambling man?
My bet is that they would sell the debt to a debt collector.

My suggestion is for you to submit your notice to cancel before you have yet another month to pay, and of course pay the outstanding amount.

ShabbyV

You ask what will happen if you break your contract

What contract?

wealdroam

ShabbyV wrote: »

I consider this strange considering I don't have a contract

ShabbyV wrote: »

What contract?

Of course you have a contract.
You have been paying a monthly amount and been attending the gym for some time.
That in itself is sufficient to show that there is a contract in place.

Not to mention this...

ShabbyV wrote: »

Last year I signed up to a gym.

What did you sign?

ShabbyV

They state explicitly that there is no contract.

When I joined I signed a general gym health & safety document and a direct debit document with my bank details.

ShabbyV

You have been paying a monthly amount and been attending the gym for some time.
That in itself is sufficient to show that there is a contract in place.

Is that sufficient? I pay giffgaff every month but I don't have a contract with them.

wealdroam

Was this truGym?