Advise needed

Starekss

Hi guys,
I need an advise. So I've signed up for 12 month contract with the Gym on 09/2022. 
I've requested cancellation on 08/2023 to cancel my contract next month.
I completely stopped checking emails as I thought since I paid for 12 months and requested cancellation, I don't have to do anything.
So to my surprise, Debt Collecting Agency contacted me that I have to pay outstanding balance with that gym. 
When checking all emails, my contract was not cancelled until the following month.
I was told that they won't cancel my contract until I will be on my contract for full 12 months, and then give them 30 days notice.
So from additional 1 month of charge, they added all the Fees for cancellation, late payment etc. almost £200 pounds from £30 I had to pay additionally originally.
I have paid that Debt Collection Agency to have a peace of mind, but now I'm contacting Bannatyne, who is not responding at all.
Where should I take this now to get my money back ?
Am I in the wrong here ?

eskbanker

Starekss said:

I was told that they won't cancel my contract until I will be on my contract for full 12 months, and then give them 30 days notice.

You'd need to check the terms of the contract you signed up to but clause 7.3 of the currently-published one suggests that membership continues to the end of the month within which the fixed term is completed:

You may end the contract between us by giving us not less than 30 days' written notice ending on or after the end of the Initial Fixed Term and expiring at the end of a calendar month. 

https://www.bannatyne.co.uk/uploaded/membership t&c's (12 month) - 1 june 2022 (1).pdf

the_lunatic_is_in_my_head

Hello OP

Pay the gym the 1 month, if they had any reasonable admin fees you should probably pay those too.

Regarding the fees added on by the debt collectors, go to source on this is:

https://forums.moneysavingexpert.com/discussion/5996209/debt-collector-fees

sourcrates said:Easy, debt collectors don’t buy debts, they just act upon instruction from their clients, in a 3rd party capacity.
Debt purchasing companies such as Lowell, Cabot, and Arrow Global buy bad debts, usually in bulk, so unless you have received a “notice of assignment” in the post, and/or a letter confirming the sale to a new owner, this company are just acting on behalf of the original client, so have no right/power or creed, to charge you anything
What you are referring to is an “LBA” letter before action, this has not progressed that far as yet, the Pre-action protocol only applies if they intend to take legal action, which the DCA cannot do, as, I said before, they don’t own the debt
What they have sent you is a “pay up now” threatogram

sheramber

the_lunatic_is_in_my_head said:

Hello OP

Pay the gym the 1 month, if they had any reasonable admin fees you should probably pay those too.

Regarding the fees added on by the debt collectors, go to source on this is:

Too late

I have paid that Debt Collection Agency to have a peace of mind, but now I'm contacting Bannatyne, who is not responding at all.
Where should I take this now to get my money back ?

the_lunatic_is_in_my_head

sheramber said:

the_lunatic_is_in_my_head said:

Hello OP

Pay the gym the 1 month, if they had any reasonable admin fees you should probably pay those too.

Regarding the fees added on by the debt collectors, go to source on this is:

Too late

I have paid that Debt Collection Agency to have a peace of mind, but now I'm contacting Bannatyne, who is not responding at all.
Where should I take this now to get my money back ?

Oops, missed that bit.  

Sadly a bit late now I would have thought. 

eskbanker

the_lunatic_is_in_my_head said:

Hello OP

Pay the gym the 1 month...

Do you think there's any argument that a '12 month' minimum term that actually can't be any shorter than 12 months plus however many days/weeks to the end of the calendar month breaches unfair terms provisions, etc?

the_lunatic_is_in_my_head

eskbanker said:

the_lunatic_is_in_my_head said:

Hello OP

Pay the gym the 1 month...

Do you think there's any argument that a '12 month' minimum term that actually can't be any shorter than 12 months plus however many days/weeks to the end of the calendar month breaches unfair terms provisions, etc?

I'm not sure, it doesn't sit right that you sign for 12 months but can't issue a 30 cancellation until the 12 months expires which really makes it 13 months. 

I guess depending upon how it's advertised and sold there could be questions raised about the accuracy there.

The CRA has

A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early.

But this seems to relate to auto-renewal and/or requiring the consumer to give notice too early (i.e having to give notice in month 1 that they don't want the contract to renew at the end of month 12)

Beyond that I don't really know  

Starekss

Thank you everyone for replying. I guess I need to take this one on the chin then.