Thread: Another Problem Again With Gym Membership

Hi There Peeps

Gym membership problem with a certain LA Fitness company, I joined on the 8th Jan 2005 and paid £54.95 first month fee on join up. I then paid 12 monthly installments of the same amount, Jan 31st to Dec 31st.

On checking their contract it states they want one calendar months notice in writing or by going into the gym to cancel the contract and that I should continue the DD until my contract ends.

8th Jan 2006 - I put in my calendar months notice in person at the gym. A calendar month to me means in runs to the 7th Feb - so I cancel the Jan 31st DD because otherwise I would have to get the money back off them - and from what I have heard they are a pain in the backside. I'll explain here :-

13 Payments of £54.95 = 13 months from 8th Jan 2005 does it not ?
So surely that takes me to the 8th Feb 2006 so I do not actually need to pay the the DD at the end of Jan 2006 else they will owe me some money back.

I move house and think nothing more of it. 5 months later I get a letter - you are required to pay £168 to LA fitness for unpaid gym membership and charges. WHAT ?

I phone them up - here was their reply and quite rudely aswell

If you gave your notice in after the 1st of the month the calendar month runs to the end of the following month.

So they are saying I owe until the end of february. i argue - no a calendar month is a 4 week period regrdless of start and finish date and in their terms and conditions which I signed it does not state anything about the after the "1st of the month" statement, it just states 1 calendar month.

their response "thats just your interpretation". so after writing a few days later I call them up and I am read out the bit in their contract about this calendar month - they read out "if after the 1st month etc etc then it runs to the end of the following month" I state that this is not in my terms and conditions - their response "Well we update contracts all the time" - err...would they not have to inform me of this and surely as mine does not state this they cannot impose it ?

I have written 2 letters now and some free solicitor advice seems to think this calendar month statement from them is not right. A calendar month is a 4 week period not upto 60 days

Anyone think I have a case here ?

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It's not clear but did you pay them for the 1st week of Feb by another means. They might have a case for a little cash for those days but nothing else.

If the contract you have with them is in your favour and they didn't give you a new copy of the T&C's with the opportunity to cancel at that time then your in the right about the old terms applying.

I did not pay them for the first week of february because I paid £54.95 up front on 8th Jan 2005

payments went

08/01/2005 - 54.95
31/01/2005 - 31/12/2005 12x54.95

so Jan 8th 2005 - Feb 8th 2006 = 13 months ?