Hi everyone

I'm not sure if I'll get anywhere with this but I'd like to try because I'm sure what they've done isnt right.

I signed up for a gym membership on the 17/02/2017 which was supposed to be a £5.00 set up fee, one month free and then £39.99 for the next 11 months.

I was meant to pay nothing until the 01/04/2017 but they took out £39.99 today.

I rang them to ask why this was done and they asked to see a copy of the documents I received when I signed up online.

I scanned up the documents and they emailed me back saying that we know it's not very clear but February was the free month and nothing is wrong.

I don't agree with this since I've only had 11 days for free and have only gone to the gym 4 or 6 times since I signed up.

I requested that they either repay the payment and give me a full free month or to cancel my account and charge me for the time I've used. They haven't responded to my request yet.

I'll upload the documents I was sent so you can see who's right.

Thanks

Andrew

Documents

images(2).pdf

They have it in B&W, the first payment was due on the first of this month.

I can't see or say what the actual offer was of a months free trial??

Do you have a copy of that offer??

Well you wont get anywhere with it in the Financial Legal Issues forum ...thread moved to the correct forum

Regards

Andy

well when/if you cancel, then you don't owe the 1 month [30 days notice you must give under their T&C's] if you do

they've taken the payment 'upfront'

rather than as they usually do, take payment in arrears.

Hi Ft and welcome to CAG

I'd say their paperwork is certainly ambiguous.

They refer to, " £0.00 for first 1 month(s) ..... ". Because they specify "for the first 1 month", you could reasonably assume they mean a full month.

If they wanted to be clearer, they could say, " £0.00 for the first month or part thereof".

Yes, the form also says your 1st payment is due on 1st March but it's ambiguous enough for you to argue. Worse still, their T&C's are very scary about renewing your m/ship. Under the heading 2. TERM, it says :-

At the end of the first 12 months membership will automatically renew on the same terms and conditions prevailing at that time. By renewing you are committing for a further 12 month period and a cancellation and or refund will not be permitted unless Total Fitness are in breach of the Terms and Conditions.

This means if you renew, you're committing to a further full year. Almost all current m/ships commit you to the first 12 months but, after that, you're on a rolling monthly agreement so you can cancel with just 1 months notice.

For this reason, I'd cancel the agreement on the basis of their misleading paperwork and their unfair T&C's. I'd also seek a refund of the DD they've taken - do this via your bank using the DD Guarantee Scheme.

I'd complain to the gym in writing as follows but send it on 15th March by RM Signed For delivery :-

Membership Administration

Wilmslow Way

Handforth

Wilmslow

Cheshire

SK9 3PE

Dear sir or madam,

I refer to my new membership at xxxxx Gym started last month.

I understood that my first month would be free and refer you to your form that says, " £0.00 for the first 1 month". If you meant to refer to the first month or part thereof, you should have stated this clearly.

Furthermore, I object to your m/ship T&C's which I have now reviewed. Under 2.2 TERM, you say the m/ship if renewed at the end of the first 12 months will run for a further full 12 months with no option to cancel on my part.

This is contrary to almost all other gym agreements that change to a rolling monthly agreement when the initial minimum term is over.

For these reasons, I hereby terminate our agreement with immediate effect and I will not use the gym after 16th March.

I have also told my bank to recall the DD that you took on or about 1st March using the DD Guarantee Scheme.

Yours faithfully,

Use the gym up to 16th March so you have the full benefit of a month's use for the month you paid.

Are you happy to do this and avoid problems next year ?