Hello Consumer Action Group!

Having a bit of trouble with what I have found out to be a gym contract. The timeline of events is as follows

March 2018: Was given an introductory Jiu Jitsu lesson at Gracie Barra Barnsley. After this I then paid £60 up front and signed a direct debit mandate so they could start one with my bank. They specifically told me this is not a contract and only like one in that fees can go up if I want to go to more advanced classes.

August 2018: After attending for 3 months I was unable to continue due to other commitments and the fact that the schedule they advertised on their website was subtly wrong. A few of the times were different namely, Tuesday which is the main day I could attend. Only other times I did attend were due to having a lot of holiday time saved up. After trying to make it work I could not. Plus the gym was too small and one time I was literally thrown out the door and banged my head on the concrete (the level of first aid provided concidering I was bleeding out my head was nothing, just said if you pass out call us.) It just wasn't working on any level. I send an e-mail to the only point of contact listed on the website and tried to call multiple times all of which was ignored and never heard a response. I let another months payment go through and cancelled the direct debit.

November 2018: While searching through the junk in my e-mail to find some gracie related stuff I found a direct debit failure notification. I immediately contact the gym to find out what is happening. Seems they have bound me to a 12 month contract. After ignoring my calls for a couple of days I e-mailed them. They will not respond to why they ignored my request to cancel and my calls and will only refer me to their direct debit company by the name DFC. Furthermore when I argue they have mis-sold me this, he runs through the sequence of events that lead to me apparently being fully informed and happily signing this agreement. I then point out that it wasn't even him that sold it to me and he now says he won't disucss it with me and I must talk to DFC.

So talking with DFC is where I'm at now. I put a big list of issues to them in writing which they then completely ignored and said that I can either, and I quote,

"

1: full contract amount to be paid

2: contract amount to be paid at an agreed amount

3: If you wish to take it further they are happy for this to go ahead.

"

Some of the issues I put to them are:

Ignoring requests for me to cancel the contract or find out the cancellation procedure.

Refusing to discuss the service with me.

The contract isn't filled in properly and it hasn't been returned despite the fact that at the top of the contract it clearly states that if it is not filled in entirely, it will be returned to me. (Their customer services responded to this by saying it is fine as they only provide one service (in relation to the service description box being blank) and after asking them where it says that on the contract they told me to seek legal advice, then came back and said e-mail us with evidence of the contract, I then e-mailed them this and they responded with above)

I never filled in the contract and this was done for me (including my marketing preferences) as the handwriting varies across the document.

Why after requesting the contract and them setting a 14 day timescale for this, why did they not do that. When I then said do not contact me again, did they e-mail me anyway with the contract and apologised for not meeting that timescale. Offered to reduce all fees to £15.

Then, at the bottom I requested a further cancellation (literally the third time now) if they for any reason believed the contract to be valid, under the 1st right to limited cancellation which it doesn't state I need evidence for (however I listed 7 reasons.) This was also ignored.

Now I'm at a point where they say they the above. Total outstanding is £180 + £15 admin fee which they expect at minimum.

I sent them an e-mail saying I will pay £195 right now to cancel the whole contract if you tell me today, otherwise I will need to work out a plan. They have not responded and so I can only say I'll have to work out a plan.

Sorry for the wall of text but just looking for some advice here as I have no idea how to continue. The CAB says just pay and that is why I sent the above.

Any help or advice would be really appreciated as I have never been through something like this. Attached is the contract and ts&cs they sent through

TC normal .pdf

ignore them all

a dca is NOT A BAILIFF

and has

ZERO powers

stop comms by email bounce back and block their addresses.

no gym has done court in +5yrs

gym debts do not appear on your credit file.

go enjoy your life..

dx

Honestly would be more than happy to ignore them as I really can't stand the fact they're just ignoring me about a lot of what I say and put to them, especially regarding cancellation and contract validity.

I have added them to my block list and presumably they'll start sending me letters?

Do you reckon I'll have a leg to stand on in court (difficulty giving legal advice I accept and everything taken with a pinch of salt, of course).

This is what worries me the most.

Although if they don't take people to court I guess they're just trying to scare me.

I will provide updates as time progresses.

gyms don't do court

said that above

dx

Hi Rippy and welcome to CAG

Never mind communicating with DFC with a "big list of things". They won't give a hoot about anything you say - they're only interested in making threats and demands so you're scared into paying them.

But you've found CAG so that's not going to work !!

Keep a note of all forms of contact from them for now (in case a harassment complaint is needed) and keep us updated.

Also, read through this recent thread about DFC and a gym case - https://www.consumeractiongroup.co.uk/forum/showthread.php?491135-Debit-Finance-Collection-Cancellation-Issue&p=5158083&viewfull=1#post5158083

Hey thanks for the reply! From that thread it really seems that there doesn't seem to be anything to worry about and I have blocked them completely.

Will update if I hear anything or in a month if I don't hear anything.

Thanks for the reassurance and info!