Cancelling Gym Contract

YKay
YKay Posts: 751 Forumite
in Sports & fitness MoneySaving
I joined up to DW Fitness over the phone as to what I believe was a rolling contract (so I can cancel at any time).

I tried to call up to give my months notice and they are now telling me it was a 12 month contract I signed up too. I asked what consent I gave them and they said they sent me my contract via email.

I never received an email from them, and even if I did I certainly didn't reply to it, accepting any form of contract.

At no stage any paper work was signed by myself, or any forms being completing online etc, it was all through the phone.

Iv'e asked them to trace the phone call but I doubt I will have any luck as it was over 6 months ago.

What are my rights in regards to this?
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Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    YKay wrote: »
    What are my rights in regards to this?
    You have the right to discover exactly what you agreed to, not what you simply assumed you agreed to.

    If you agreed to a 12 month contract, this will be reflected in the price you paid which was likely a special deal.

    I doubt you complaining you received no E-mail contract will wash six months on.

    Why didn't you demand a copy of the contract at the start?

    In my experience, only Council run gyms have the kind of rolling contracts you describe, private gyms are well known for long contract terms...
  • YKay
    YKay Posts: 751 Forumite
    edited 17 September 2019 at 8:56PM
    Moneyineptitude wrote: »
    If you agreed to a 12 month contract, this will be reflected in the price you paid which was likely a special deal.

    I didn't know the standard price compared to the fixed term contract price at the time, I just signed up to what I thought was a rolling monthly contract.
    Moneyineptitude wrote: »
    Why didn't you demand a copy of the contract at the start?
    I wouldn't have with a rolling contract, as i'd expect to cancel when I want too.

    Any others opinions on this? It's my word against theirs. Nothing was signed or agreed by myself.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    YKay wrote: »
    It's my word against theirs.
    Exactly.

    However, you've paid the fees you apparently never signed your agreement to for half a year...
  • YKay
    YKay Posts: 751 Forumite
    Moneyineptitude wrote: »
    Exactly.

    However, you've paid the fees you apparently never signed your agreement to for half a year...

    ... As a rolling contract, of course I did?
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
    Name Dropper First Anniversary First Post
    I believe as you've paid the fees for that long its accepted that your happy with the contract.

    Why not just make use of the contract.
  • susanbraintree
    susanbraintree Posts: 9 Forumite
    I much prefer to PAYG when it comes to gyms. Even though it isn't cheap (£7.50 at my local centre) I do find that get more out of each session compared to when I was flogging £44/month, forcing myself to go when I didn't feel that motivated.
  • Nic246
    Nic246 Posts: 20 Forumite
    I think if you've been paying it for that long, they would argue that you were happy with the contract sorry!
  • HarryCrowther
    HarryCrowther Posts: 18 Forumite
    You could say that you weren't told that it was a contract. But I think they would argue that you did know and you should have said earlier. You could ask them to prove that you signed the paperwork and if they are able to produce the paperwork where you were informed. You could say that you haven't got the service that you signed up for, that the facilities are not as good as what they were. The classes are fully booked so you can't access the service that you are paying for.
    I doubt that they will let you leave the contract if they can prove that you signed up for a contract membership.
  • HarryCrowther
    HarryCrowther Posts: 18 Forumite
    Did you have any luck cancelling it? My sister is wanting to cancel hers and I was just wondering what they said to you about the contract.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
    Name Dropper First Anniversary First Post
    HarryCrowther wrote: »
    Did you have any luck cancelling it? My sister is wanting to cancel hers and I was just wondering what they said to you about the contract.


    Who are you referring too Harry ?
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