Hi, I took a contract out with DW Fitness 5 months ago purely based on the fact they had certain cardio equipment I intended to use over winter listed on their website.

I’ve only used the gym 5 or 6 times since and only for weights as the weather was good so I’ve had no need to do indoor cardio.

Ive since been back to use the cardio equipment and it turns out the gym don’t even have the equipment, it’s listed clearly on their website in the cardio information section of the club I joined. Essentially I’ve been paying for months for the privilege of kit they don’t even have!

ive contacted them several times to ask them to cancel my membership due to the fact I was misled by their website and the fact they don’t offer the facilities they claim, however they just ignore my communications and they don’t answer the phones full stop.

I’ve obviously kept a electronic record of all of my attempts with , my last email I informed them if they neglected to reply to me again I’d simply hold them in breach of contract for failing to provide me with a resolution due to a lack of engagement.

They still continue to ignore me.

The staff at the gym are no help, they say to complain electronically which comes to nothing, or say theyll get back to you and never do.

Where do I stand on this due to the fact it was false advertisement that got me to sign up in the first place, plus their reluctance to engage or assist me with the problem.

Can I just cancel my payment and cut contact with them and treat them with the same contempt?

thanks for your time

pers i'd be contacting my bank and invoking the DD guarantee and get ALL your payments back.

the bottom line is:

there is nothing a gym can do to you

no gym has done court in over 5yrs now.

any DCA the paymasters Harland set upon you are totally powerless like any DCA on ANY debt - they are NOT bailiffs and have ZERO legal powers.

gyms debts don't appear on your credit file.

once you've done that, and things settle shall we say the way we know they operate, then WRITE to the gym and offer a reasonable sum for the time you were there and did use things.

if they don't accept..stuff 'em.

dx

Agree with DX. but follow it up with a email or letter to them stating what you previously said, and then leave it at that. They misadvertised and broke their own contract.

Thanks for the replies guys.

I’ve cancelled the direct debit, I’m sure they’ll be in touch as soon as the bank notify them I’ve cancelled it. I did tell them in the last communication I’d do so if they ignored me so they can’t have any complaints.

If they contact me I’ll send them a letter explaining why and send them the record of my previous attempts at finding a diplomatic resolution and tell them I consider them in breach of contract and have therefore terminated my end of the agreement and that I expect them to do the same in light of their false advertisement.

Tbf even if they did want to take it to court I’ll be happy to attend as they haven’t got a leg to stand on. If they attach a DCA I’ll simply tell them to send me the court paperwork and date I need to attend, no other communication will be necessary or acknowledged as they have no case from which to work anyway.

i know they won’t but it lets them know where i stand

Thanks again

Nope. If they send a dca, dont play letter tennis, no matter how much it satisfies you. Its much better to just blank them out.

Hi TW and welcome to CAG

You're right to cancel the DD mandate if the gym does not have the advertised equipment available.

I personally would not go so far as to reclaim the DD's paid so far because :-

1. You've used the gym facility 5 or 6 times.

2. It was your responsibility to check the gym had the equipment that was important to you. As soon as you found it didn't, you should have cancelled.

Once the gym or admin company starts chasing for payment, you should send the shortest of letters saying they advertised equipment that they failed to provide and were in breach of your gym agreement.

Keep us posted.