Total Fitness rolling contract

alisam567

I signed up to Total Fitness gym on 8th Jan 2020.  Since this time as you are aware there has been a pandemic.  I am currently on a 'rolling contract' that Total Fitness are refusing to release me from.  I have asked them to provide me a copy of my T's and Cs and they have not.  I no longer need this membership as I will be moving from the area as soon as my house is completed. The correspondence from them so far has been slow and unhelpful demanding I furnish them with a utility bill for my new address (dont have as we will be moving to his mums and not paying eh bills.) I believe I signed up for 12 months but for obvious reason the gym has not been open for the twelve months - this does not change my circumstances.  The fact I am now on a 'rolling' contract should mean I only need to give them 30 days notice. they are saying I signed up to pay a full 12 months not for the duration of twelve months. they have refsed to show me where this is written in my T's and C's. Can I just cancel my DD?

unholyangel

Did you sign up to a credit agreement? If not you can safely cancel the DD. If there is a credit agreement (rare but it happens) then it could affect your credit rating if you stop making payments. 

Have they been charging you while closed? You'd be entitled to a refund of those monies. 

And for clarity, they cannot extend your minimum period because they were unable to provide the service. The fact it was outwith their control means they can possibly (depending on t&C's) escape liability for damages (you paying more to another gym for same service). It doesn't mean they can unilaterally vary the terms to their benefit and your detriment. They are bound by the terms yous agreed when you entered the contract, just as you are. Neither of you can change that agreement without the others permission. 

alisam567

My issue is my contract is not stored on my membership portal so I have placed the burden of proof upon them to show me in the Terms and Conditions where this particular clause is stated. So far I have only experienced a very kurt response from someone called Elaine who refuses to enter into discussion.   However - I believe I entered into a 12 month agreement.  This agreement has expired. (for the life of me I cannot find my contract! grrr).   Given I have however now shifted to a 'rolling' contract that would suggest their own system recognises that my 12 month term has expired.

unholyangel

alisam567 said:

My issue is my contract is not stored on my membership portal so I have placed the burden of proof upon them to show me in the Terms and Conditions where this particular clause is stated. So far I have only experienced a very kurt response from someone called Elaine who refuses to enter into discussion.   However - I believe I entered into a 12 month agreement.  This agreement has expired. (for the life of me I cannot find my contract! grrr).   Given I have however now shifted to a 'rolling' contract that would suggest their own system recognises that my 12 month term has expired.

They'd have to disclose it under protocol anyway, if they wanted to take you to court. 

It is for the party seeking to rely on a term, to prove that term applies/for the party making a breach of contract claim to prove the breach

As long as no credit agreement then cancel DD and just make sure you update them of any address changes/set up mail forwarding so if you do receive a summons you can contest it. I'd also make sure you have the information in writing - preferably briefly outlining details of the dispute, that you have tried to resolve the matter with them, what steps you've taken to try and resolve the matter, that they are not cooperating and so you will not entertain any further correspondence until they provide the requested contract. If you signed up online or over the phone (unlikely but you never know) they must also have given the information on a durable medium and it is up to them to prove they gave it on a durable medium - before you were bound by the contract. 

alisam567

Quick update - Pushed back to make the burdon of proof on them for the T's and C's. In the meantime I found their published version which states very quickly 12 months duration initial term and nothing about 12 initial payments. I didnt share and waited for their response. They have agreed to cancel my membership! Job done! Thanks for everyones input.