gym cancellation advice, please help

giove · 23rd July 2008, 22:06

Hi all

I am glad I have found this forum, this is my first post regarding my gym contract.

I've been using this gym for 4 months - when I first joined, they told me that I could suspend the membership for a period as long as I gave them enough notice to stop the direct debit.

I wrote a letter on the 13th of this month to suspend the membership for the month of August, but they said I had to give them a month notice.

On the contract, it doesn't say any of that - I was thinking to stop the DD, but they threatened me with debts collectors.

I don't know what to do - I have a copy of the letter and the contract T&C, I am now thinking to stop the membership altogether and forget about it.

any good advice will be very much appreciated.

cheers
g

elche · 23rd July 2008, 22:53

If you have a written contract for something simple like gym membership, then via the parol evidence rule if either party seeks to enforce a term of your contract then a court will assume that the written document contains all the terms of the contract.

If, as you say, the contract you have has no clause stating that one month’s written notice is required then the gym could not insist on this.

Read it again carefully, if no such clause exists, cancel with immediate effect, by hand delivered letter to gym reception staff. Take 2 copies, ask the staff member who receives it to sign and date one copy to acknowledge receipt and keep this safe.

Walk out cancel the DD. They’ve got no chance of getting any more money from you.

giove · 24th July 2008, 00:06

thanks a million elche286 - I was just reading the contract once again , I am now sure 100% I does not say it.

I was thinking about handing in the letter of cancellation and stating also the reasons of such a decision, to make sure they acknowledge the fact they've refused to suspend my membership, hence breaching the terms of the contract.

cheers,
giove

giove · 25th July 2008, 13:15

elche286 thanks again, i did as advised and the gym has now agreed to suspend the membership for the 2 months as requested.

cheers
g

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