Thread: LA Fitness Cancellation BS

Could really do with some help on this one. Any advice would be greatly appreciated.

My friend who was already a member wanted me to join LA fitness, so I went with him to the interview/induction type thing they take you through, you know, where they explain what they can offer basically. I asked if I could do a 3 or 6month contract or something like that because I expected to leave to go travelling later in the year. The woman told me that they only did 12 month contracts but it wouldn't matter because leaving the country was a valid reason to cancel the contract. I asked specifically if I would have to pay any fees and she just shook her head and said no. Sounds good I thought, so I joined.

Anyway, now the time has come to leave and they are telling my i have to pay £100. Obviously I was annoyed and explained to them that I had been told that there wouldn't be any charges. They said I shouldn't have been told that but unfortunately the fee still stands.

The funny thing is though, I don't recall ever signing anything. I was told I would be sent a contract in the post but I have received nothing. All she did was take my card away for a while and set up the DD. I didn't even sign anything for that. My friend who joined at the same time says he hasn't had one either. Is this normal? Is there some other way that I am legally tied into a contract where I haven't signed anything?

I've just written a letter (see attachment) which I plan to send to their head office telling them that I'm not going to pay their fee and that since I haven't signed a contract I have zero legal obligation.

Is this a good idea? Am I missing something? Please advise.

Thank you for you time

It should be able to get my mother to monitor the post. I'm not leaving the country until July 19 but I suspect they won't get interested in this untl after the end of July when they top getting there money.

Have you heard of them not physically issuing contracts before? I really don't understand this.

If they do put a default on my record how easy is to remove and how will it affect me. Does it last for ever or will it expire. I don't really understand credit ratings.


Thanks

Thanks for that link. I read the part where someone said that basically they set up a 'credit agreement'. Is this legally binding? It sounds scary. Do you think I should give 30 days notice and pay next months fee, or am I right in believing that since I haven't signed any contract I don't legally have to give any notice. I'm still baffled by this whole thing really. It seems so underhanded and shady and I have know idea what the legal ramifications of all this are. How are they able to issue a default on my CR? Don't they have to demonstrate that I've signed a contract to do that? The biggest thing I'm worried about is being take to court and having to cancel my trip half way though and come home early. I'll be able to keep a close eye on my mail and send replies but what happens if they take me to court? What's the procedure? I know you say it's unlikely but I just want to know what would happen worst case scenario.

Thank you for your help. I appreciate your advice.

I was never presented with a tick box or shown anything on a computer screen. I noticed once when I was leaving the gym that they were showing a group of people (who were obviously about to join) this touch screen thing which looked as though it was meant as means of signing people up to contracts quickly. But this wasn't there when I first joined. I've made those changes to the letter and will send it today.

What would you anticipate there response would be and how would you suggest I deal with it? From what I've seen on here, most of the responses are somewhat predictable and I want to try and have a few response letters already written up so I don't have to keep writing new ones when I'm on the road. I will have a netbook with me so I can keep in fairly regular contact with my home address and get letters sent out/received etc.

Thanks again for your help.

Matt

I received a letter from LA fitness today (see attachment). It basically ignores my letter and just demands I set up a new DD.

I realised that I forgot to put the date on the letter I sent. I sent it through registered mail, so shall I just resend my last letter with a photocopy (see attachment) of the post office receipt so they can't claim to have not received it?

Any advice as to what I should do next would b much appreciated, thanks.


Matt



edit

Ok, looks like the attachments are stupidly small, any idea how to alter this?

The letter reads:

We have recently received notification from your bank that you DD has been cancelled therefore preventing us from taking any further payments. When you joined you signed into a minimum 12 month agreement which is still active, meaning you are unable to cancel your membership at this point.

Please would you contact the above number as soon as possible so that we can arrange for a new DD to be set up. Alternitavely you can complete the DD Mandate below and forward it to the address above.

Failure to rectify this problem will result in your membership incurring arrears and may prohibit you from using the club.

Thanks slick, Ill send that off tomorrow.

Just out of interest, what is the procedure for referring them to the fos? It says in that little drop down info thing that I shouldnt bother. Am I just writing this to show I mean business?

Thanks for your advice.

Also word of advice. Call consumer direct. I did that and they said if they do have enough people complaining they will take action! The number is 08454 04 05 06

Originally Posted by GeeKaush

Also word of advice. Call consumer direct. I did that and they said if they do have enough people complaining they will take action! The number is 08454 04 05 06

yeah good luck with that!

Received a letter today, not sure what to make of it:

I am contacting you in response to your recent letter regarding your membership. I have looked into the issues you have raised and my response is as follows;

I am sorry to hear you are unhappy with the service ou have received from LA Fitness, I can assure you we do endeavour to provide the best possible service at all times and therefore apologise if you feel this has not been achieved.

Unfortunately we are unable to action your cancellation request at this time as you are still within your initial term until 11/01/2012.

We understand that member's circumstances do change therefore we allow our members to cancel within their inital term due to moving more than 20 miles away from any of our clubs. This is offered as a gesture of good will, proof is required as well as a cancellation fee as the agreement is being broken.

In regards to your comments regarding the contract, there is no signed contract as this offer was actioned and agreed to through our website by entering all of your personal details and agreeing to the onine terms and conditions. Please be advised confirmation of the contract and terms and conditions are sent to your email address once the online application is completed.

As your direct debit has been suspended we will be unable to apply for your next payment due at the end of July, to reinstate this in line with the agreement please contact Member Services on 08447707700.

If you require any further information please do not hesitate to contact.




At no point have I ever been shown any terms or conditions nor have I ever ticked any boxes. All I can assume has happend is that when she took my card away she just quickly ticked all the boxes herself on some computer in the back. This is so gross. They've never sent me any email.

I got the same letter today! With the Same message. Maybe they send batch mails to everyone? Let me know what you are going to do from here. Im so confused and I dont want to pay for a 12 month contract that I wont use

word for word? They are so underhanded. I can't believe they are claiming I agreed to this 'online'. I did absolutely no such thing. It's such a dirty trick. They know I won't be able to prove that it wasn't me who actually ticked the box so its just perfect for there needs of trapping people into misleading agreements with hidden fees. So angry!

Not exactly word for word although some paragraphs are just the same. Yes I am really angry and I have lost 40 pounds which now I couldnt care less about but I Do not want debt agencies behind my back sending me letters home to pay thr monthly fee. Like you I didnt tick anything myself. The instructor quickly flipped through the pages and didnt ask me to read anything. Worst gym Ever

The trick is I told them I was either leaving the country or moving to wales (because I actually am). Hence the paragraph in your letter that states that people who move away from a 20 mile radius can cancel is missing in my letter. Again another one of their silly tricks to keep me tied to their contract

Hi all

very interesting reading and from what I have read think you should go down the route of being miss sold this contract by there salesperson also who was it that entered your detail onto there online signup because if this was done by the salesperson without your knowledge or even viewing this contract then this has been miss sold I would speak to trading standards and CAB