Fitness First Membership

[gregfindley]

I joined Fitness First in February this year, one of my main stipulations when joining was that there was no penalty to leave in case my work or personal situation changed. When this did actually happen in April I phoned Fitness First to ask to cancel my membership and direct debit. I was told that I was tied in for 12 months and this was disclosed on my contract. I protested on the grounds that I have never received my contract, I was told a copy would cost £20, I said I never had the original!

 

I decided to write to Fitness First and outline the situation as a formal complaint. I contacted them after sending the letter and they informed me it had been received and there is a 28 day turnaround. I waited until 35 days after and phoned them to be be told I would be contacted by the end of the day regarding my complaint. After no callback I phoned at 4:30pm to be told that the person dealing with my complaint had left for the day!

 

After this I decided to write to them again after no joy on the phone. In my letter I declared that I would be cancelling my direct debit and seeking compensation of c.£150 for the additional months membership I had paid unless they responded to me within 7 days.

 

Two weeks have passed since this point and today I received a letter from Fitness First asking why my direct debit had been cancelled. Does anyone have any suggestions on how I can proceed and reclaim the money I have lost?

 

Thanks in advance for any replies, they are greatly appreciated

[buzby]

A letter before action to their Head Office should concentrate their minds. Your (verbal?) stipulation can be agreed by staff anxious for your custom, and totally dispensed with should you sign the contract - unless it was noted on your contract or other written document. It may even state that employees are not permitted to vary the T&C without a director's permission. You don't state if you ever signed a contract only that you didn;t receive it. IF you DID sign something, then this may be used in their defence of your action. Clubs like these make a lot of monery this way, and DDM's should be avoided at all costs. You also don;t say if the DDM has been cancelled by you - be prepared for their attempt to enforce it and seek payment of monies due, so if you signed, get a copy of the T&C as soon as possible.

[gregfindley]

Thank you for the advice on this matter it is appreciated. I did sign a document in the gym as I remember seeing the direct debit logo. I recently cancelled my direct debit to fitness first which has actually forced their hand. They have sent me the usual letter of 'we can't understand why your debit didn't collect properly.' Then I have recently received a letter frommy original request, this letter is dated 12th September and has really annoyed me!

 

They apologise for the 2 month delay in response and reiterate the 12 month contract, saying that to cancel will cost £232. They also state that I was provided with a copy of the contract upon joining and that they checked this with my local club. I have never received this, nor was I given it at the point of sale.

 

They also state that there is a 10-day option to cancel after signing, something I would have done had I read through the terms and conditions if I had seen them, something I have not done to this day! Any advice from here would be appreciated, I have not used the gym since March and I would like to reclaim approx £150 I have paid since whilst they have been messing me around and not responding to my letters.

[gregfindley]

Any advice anyone?

 

Thanks!

[closey]

I cannot speak on behalf of FF however I worked for a large chain of gyms and know the contracts used inside, and I hate to be the bearer of bad news, but they are pretty water tight.

 

The sales people people will use all kinds of tactics to make you sign the contract, often lying.....such as yes, Sir, if your situation changes of course you can cancel, but this isn't the case. Then it comes down to it, its your word against theirs.

 

The contract that I am aware of only lets you cancel within the first twelve months on medical grounds, and even then you need a doctors note to say you are unable to train for a period of two months or more. Other than this you can 'freeze' your membership.....this entails still paying the DD but receiving those months back at a later date or transfering your membership to another gym or person.

 

I think you may have difficaulties getting out of this one. If you can get hold of the original contract please PM me a copy, and I will be able to advise further.

[gregfindley]

Thanks for your reply closey,

 

I'm trying to get a copy of my contract, as soon as I do will get it over to you,

 

Thanks again!

[closey]

Good work. I'll hear from you soon.

[CLF1605]

Someone has had the same problems I think - check out this must-see Fitness First protest video on youtube - it's priceless!

 

[EDIT]

Link removed.

Target video is possibly libellous.

Edited May 5, 2009 by Rooster-UK
Possibly libellous video.

[Feebee_71]

Would it work if you sent Fitness First a CCA request or an SAR request?

 

Hopefully that way you will get a copy of the agreement you signed with them as it involves credit (in the form of the 12 payments they are trying to reclaim from you).

 

Feebee_71