Reclaiming Gym payments Advice Please

noel33330

Hi all,
Sorry if this is in the wrong forum (first timer) but can you help me with a query please?
I joined a gym in June 2016, I was suffering from stomach problems but tried to go on believing nothing serious was wrong but found it hard to exercise. In October 2016 after many doctors visits I was finally diagnosed with Ulcerative Colitis. I decided to make attempts to cancel my membership as due to saving for a mortgage the £32 a month would help but discovered that it was all done through a debt collection agency or similar.
I called them and they were very unhelpful, I sent them the proof of my diagnosis and stated that I had not used the facilities for months but they refused to budge and were insistent on me supplying a doctors note.
Today after waiting nearly two months I have my doctors note, despite my anger and wanting to just cancel my direct debit due to the mortgage aspect I continued with the payments to avoid any credit file problems. I have emailed them the letter and requested a refund of my 7 payments made since October (they gave me a 3 month break to arrange the letter) but I just wanted to know if you think I will be entitled to this money back or am I clutching at straws?
They have been so unaccommodating throughout the process and I am expecting a fight can anybody offer any advice should this happen as I have no previous experience of this type of thing.
I feel angry over the situation over something that has been out of my control and really do not see why they should keep my money when I have been medically unable to exercise or benefit from it.
Any advice would be grateful thank you! :mad:

dunstonh

Read your contract and see what the contract terms say.

noel33330

Sound hopeful?

TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL
-During the Minimum Period you may cancel the contract only:
1. If we fail to maintain the standard of service you would reasonably expect.
2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.
3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so.
4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.
5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you.
6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you.
TERMINATION PAYMENT FOR EARLY CANCELLATION
-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment").
-The Termination Payment will be the total of:
1. Any arrears;
2. Any accumulated late payment charges that have been or will be incurred; and
3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.
-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.
MISSING PAYMENTS
-If you miss two payments, you will be deemed to have breached your contract.

-taff

Not much chance you'll get them nack.

They wanted a doctors note, you have only just got one since October last year.

I assume you cancelled your direct debt and not your membership because you mentioned debt collection agancy?

noel33330

Doctor has agreed that I cannot exercise due to symptoms and no I have continued to pay the direct debit as I did not want to risk having default payments.

BorisThomson

It would be worth clarifying what was said, and taking advice from a specialist. With UC you're at significantly increased risk of osteoporosis, refraining from weight bearing exercise will only increase that risk.

Either way you're still stuffed about the earlier payments due to your failure to provide evidence in a timely fashion.

-taff

How long was the original contract for?

noel33330

12 months was the contract. June to June, I have tried to get the note earlier myself and believed they had given me 3 months non payment off that so was happy to call it quits but then realizing it had only been suspended angered me.

-taff

And when did they give you this three month break?

noel33330

April-June. I thought it was three months off though and we moved house during this time so I let things slip somewhat....but 7 months is what I have paid since diagnosis I am not trying to get anything more if you know what I mean.

-taff

Your problem is that you signed up to a years contract, discovered you had an illness, then didn't get your doctors note for another 8 months to prove this. They gave you a window of 3 months to provide it which you did at the last minute, so no, they won't refund you and I'd imagine, although I'm not 100% sure, you won't find anyone who can force them to.

They have acted within the terms of their T&Cs.