Gymophobics 12 month contract doesn’t exist? 28 October 2020 at 11:51AM in Loans 8 replies 665 views

Wolf21

Has anyone else had this problem. I signed a 12 month contract with Gymophobics last year which should have run out September this year. The gym closed in March due to lockdown and Gymophobics stopped taking my direct debit . After 2 months of closure with no sight of reopening and Gymophobics still not taking this I cancelled the direct debit. I tried contacting the gym to find out when they were reopening there was no answer or answering machine facility. Last week I was then inundated  with text messages and emails from debt finance telling me I’d failed to pay my direct debit in September and October so they were charging me £15 for late payment. I contacted them and they informed me the gym was now open and my 12 month contract does not run out but automatically renews which I was not made aware of. When I explained I’m in their 2 area so don’t want to renew as I’m not supposed to go to the gym according to local restrictions they informed me I can’t cancel the contract until December and when asked how I do this they didn’t know. I was told that despite being in their 2 I have to pay until dec. I contacted Gymophobics who informed me you can’t cancel the contract at all this keeps automatically renewing. There must be some way to end this contract . Any ideas anyone?

[Deleted User]

A 12 month contract is exactly that unless the T&C's stated that it would renew in which case you should never have taken it out, my simple advice is if it doesn't appear on your credit reports (which it might not) stop paying and ignore them.

macman

It's almost certainly not a 12m contract. It's a 12m min term, and continues to run until such time as you give notice (probably one month). Cancelling your DD does not end the contract or constitute giving notice.

PRAISETHESUN

What does it say in your contract? Most likely you'll need to give a month's notice or pay out the current and next billing cycles. That'd take you through to roughly the end of Nov/start of Dec which sounds reasonable to me, and is in line with what you've been told. You might need to send something in writing - letter/email/etc - again it'll say in your contract how notices are required to be served.

As above, cancelling your DD doesn't remove any obligation to pay what you owe - you still need to cancel your agreement in line with your contract. If you haven't already, cancel with the required notice, pay the late fees and move on. The sooner you sort this out the less it will cost you in the long run.

bradders1983

"When I explained I’m in their 2 area so don’t want to renew as I’m not supposed to go to the gym according to local restrictions"

Hmm. I dont believe there are any restrictions stopping people going to the gym, they just close them again if they dont want people to go like they have done in Wales. What part of the UK are you actually in?

_chriswordley

I had a 12 month contract with TF, it was due to run out whilst they were closed. Phoned them when they reopened and the customer service assistant told me they let contracts run whilst they were closed so those who couldn't get hold of them had their contracts renewed without being told as it's in the terms and conditions that if you don't cancel your membership, it will run for a further 12 months. I thought it was strange they let me cancel and hand my months notice in so easily with no penalty, because they let my membership run in the background despite taking no payment.

Aranyani

bradders1983 said:

"When I explained I’m in their 2 area so don’t want to renew as I’m not supposed to go to the gym according to local restrictions"

Hmm. I dont believe there are any restrictions stopping people going to the gym, they just close them again if they dont want people to go like they have done in Wales. What part of the UK are you actually in?

I'm in tier 3 and I'm going every day until they close. There are no restrictions on gyms in any of the three tiers. 

bradders1983

Aranyani said:

bradders1983 said:

"When I explained I’m in their 2 area so don’t want to renew as I’m not supposed to go to the gym according to local restrictions"

Hmm. I dont believe there are any restrictions stopping people going to the gym, they just close them again if they dont want people to go like they have done in Wales. What part of the UK are you actually in?

I'm in tier 3 and I'm going every day until they close. There are no restrictions on gyms in any of the three tiers. 

That was exactly my point. Its either a) the gyms are shut (Wales?), or b) you are fine to go to the gym (everywhere else?), so where does the OP live then where c) the gyms are open but you have been told not to go?

Probably wont get an answer anyway.

byvonne152

I am wrestling with the same issue at the moment, haven’t been to my local gymophobics since 10/12/2020. They were closed for 3 months due to COVID19 restrictions, didn’t contact me to let me know they were opening again and when I asked to give a months notice, they told me to contact Debit Finance co plc at Milton Keynes. I received no response to my emails to DFC even though the gym told me they would accept a written medical reason or change of address as a reason to cancel early. I guess increased working hours as a key worker and becoming primary carer for my mother who broke her hip does not constitute a reasonable reason.  I am now also being chased for payment by DFC who have also levied late payment fees. The agreements we signed are misleading in that they state that we are to pay 12 months subscriptions “unless a months notice is given”. Then they don’t accept your months notice. I have contacted citizens advice who in turn have referred this issue to trading standards. They suggested suing the gym for breach of contract (ie due to closure) but it would appear that they’re allowed to extend the contract without prior notification, due to COVID19. This is an expensive lesson to learn, and would point out to anyone thinking of joining up that you’re signing 2 agreements, one with the finance company and the other with gymophobics “trading as” in this case the company listed is Eljans. You then get batted backwards and forwards between the two. I can certainly think of better ways of spending £300+ for me this is a whole weeks pay.