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Gym membership issues!

Hi all :D

So I joined a gym in January 2018 but as most people do, very rarely go!

When I took out the membership, the gentleman who owns the gym told me it is a years membership but “not really” as I can cancel at any time and only need to give a months notice. I specifically took out the contract knowing, due to personal circumstances, I would only be using the membership for 6 months anyway.

Today I cancelled my direct debit and emailed the finance company to advise them of this. They emailed back stating that they won’t cancel the payments as I have 8 more months to pay. I advised them that the gym owner told me that it wasn’t a years contract and I could cancel any time! The finance company provided the letter which the gym owner filled in and I signed stating “11 monthly payments” - which I thought was right as he stated it was still a years contract that can easily be cancelled.

So... my question is, is there anything they can do LEGALLY to demand the payments from me? Am I going to get in any kind of trouble for not paying them?

Secondly, will this go against my credit rating at all by not paying?

Thirdly, do I have a leg to stand on in arguing with the gym owner for this? I did sign the contract however I was told I could cancel at any time! It’s my word against his really!

Help meee:(

Comments

  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Nina_Peach wrote: »
    So... my question is, is there anything they can do LEGALLY to demand the payments from me? Am I going to get in any kind of trouble for not paying them?

    Yes, they can take you to court to recover the missing payments.
    Nina_Peach wrote: »
    Secondly, will this go against my credit rating at all by not paying?

    If you continue to refuse payment it could potentially lead to a CCJ which would destroy your credit rating. To give you an example I just signed a tenancy agreement and they refuse to rent to those with a CCJ unless you pay a years rent up front.
    Nina_Peach wrote: »
    Thirdly, do I have a leg to stand on in arguing with the gym owner for this? I did sign the contract however I was told I could cancel at any time! It’s my word against his really!

    As you said it's his word against yours. Unless he's prepared to say those were the terms you agreed you're on shaky ground. Why did you sign a contract with different terms to what he stated?

    I'd recommend speaking to the gym and coming to an agreement before it gets out of hand. Also be more careful what you sign in the future.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What exactly did you sign (you say both letter and contract in your post)? What terms does it state? Did you sign a finance agreement?


    If there was no finance agreement then it can't affect your credit rating unless they:
    1) take you to court and
    2) win and
    3) you fail to pay within the allowed time (usually around a month).

    If there was a finance agreement then even missing one payment can land you with a default on your file.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have you actually spoken to the gym and tried to cancel? You say you cancelled the DD and spoke to the finance company but it is the gym that your contract is with so they are the ones you would need to inform of cancellation, even outside your initial contract period you can't just cancel the payment without properly cancelling your membership.
  • eddddy
    eddddy Posts: 18,435 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Fosterdog wrote: »
    Have you actually spoken to the gym and tried to cancel? You say you cancelled the DD and spoke to the finance company but it is the gym that your contract is with so they are the ones you would need to inform of cancellation, even outside your initial contract period you can't just cancel the payment without properly cancelling your membership.

    It's possible that the OP signed a finance agreement (contract) with the finance company.

    Essentially taking out a loan from a finance company to pay the gym for a year's membership, and having to repay the loan with 11 or 12 monthly payments.
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