Gym 'contract' dispute

BigBopper

wealdroam wrote: »

Does one actually need to sign anything to become a party to a contract?

No, but have I said otherwise?

All I've said is until we see what he's actually signed anything is mere speculation.

unholyangel

DandelionPatrol wrote: »

I call the headline description 'no contract' inconsistent.


Sorry if saying that "OP is entitled to assume there are no conditions of contract" has upset you, but I don't see any need to say what you are telling me to say if I don't believe it.

If you don't believe it then I'm afraid to say you don't understand the basics of contract formation.

DandelionPatrol

unholyangel wrote: »

If you don't believe it then I'm afraid to say you don't understand the basics of contract formation.

I do understand the basics of contract formation.

And I understand that OP has entered into a contract. What the terms of that contract are is debateable.

But if the contract is headlined "No contract" by the supplier, OP is entitled to assume that there are no conditions of contract.

It is a paradox. And I think it is better left as a paradox and understood that way. Any attempt to rationalise it out of being a paradox will only push essential features of the denied part of the paradox out of view.

We are left with a minimum interpretation that OP pays his money and he gets a month's gym. Or he does not pay and he does not get a month's gym. Anything else stands in contradiction to the 'no contract' headline. But even the minimum interpretation and the 'no contract' headline are a paradox.

boliston

wealdroam wrote: »

.....

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

Your credit rating could only ever be "damaged" if they took you to court, won, and you did not then settle within a set time.

I think there is some confusion between a credit agreement (where missing payments WILL show up on your credit report) and a contract with no element of credit.

It is different from a mobile phone contract as in that case there is a credit agreement in place as they are providing a "post pay" service whereas something like a gym will always be prepaid, even if paid monthly.

DandelionPatrol

I am quite comfortable with everything I have said. If the sales pitch is no contract, OP is entitled to rely on that.

BigBopper

DandelionPatrol wrote: »

Yes, and so what. I am quite comfortable with everything I have said. If the sales pitch is no contract, OP is entitled to rely on that.

Well the op "signed up" to this.

What does ‘no contract’ mean?
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.

Why not divert your expertise and energy into finding him a no cost way out.

wealdroam

boliston wrote: »

Your credit rating could only ever be "damaged" if they took you to court, won, and you did not then settle within a set time.

I think there is some confusion between a credit agreement (where missing payments WILL show up on your credit report) and a contract with no element of credit.

It is different from a mobile phone contract as in that case there is a credit agreement in place as they are providing a "post pay" service whereas something like a gym will always be prepaid, even if paid monthly.

Really? You need to lose in court before 'damage' is done to your credit history?

Don't Experian, Equifax, Callcredit et al record missed payments without even a hint of court action?

This document from The Information Commissioner's Office may help.

wealdroam

From TruGym's FAQs:

What does ‘no contract’ mean?

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.

They go on to say:

How do I cancel my membership?

You will need to complete a cancellation request, select contact us from the menu, select your club and then click the cancellation request link. Complete the form and the General Manager will contact you within 48 hours to discuss your cancellation.
Under our cancellation policy, you will be required to make a final payment (usually by direct debit), after which your membership will terminate.
If you have taken a 12 month contract option, this can not be cancelled. You will be contractually obliged to make the full payments.
Pre paid memberships are non refundable and non transferable.

The sentence in there about twelve month contracts seems to be a bit dodgy, but as we are not discussing twelve month contracts, that is of no interest here.

DandelionPatrol

BigBopper wrote: »

Well the op "signed up" to this.

What does ‘no contract’ mean?
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.

Why not divert your expertise and energy into finding him a no cost way out.

No, OP did not sign up to that. OP told us that the text is on the gym's website which he researched after this matter arose. OP said he signed a gym H&S document and a Direct Debit. There is nothing which OP has signed which binds the website condition into his no-contract contract. So the 30 day notice is still not part of OP's no-contract contract.

My expertise was put to use in getting him out of the contract here: https://forums.moneysavingexpert.com/discussion/comment/69479193#Comment_69479193

DandelionPatrol wrote: »

The concept of a 'no contract' deal is an oxymoron. So the options are

• There are conditions, in which case it has been misrepresented as a 'no contract' deal and OP should be let out of it without loss
• There really are no conditions, in which case the 30 day notice clause is not part of the deal

The general line of courts is to interpret doubt in contracts in favour of the party which did not draw up the contract.

There is little more to add to that, most of it has been your diversion into saying that I have a dog and duck law degree and calling me foolish. Now you want me to get him out of the contract - as you see, I have offered more towards that than you have

BigBopper

Until he posts otherwise the terms are.

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.