Finally after another meeting with the GM of the gym and a delay of another 10 days, the GM accepted to meet today to settle. I'll keep you posted about the result.

Hi Gyzmo, I clearly understand the point of these Companies (in this case my gym). It is their right to attempt to make you sign something and hope you'll forget and make money with it. (which is already not totally fair but right and legal). BUT IN MY CASE: My wife only wanted a subscription for 3 months, the duration of the the offer. We only did the DD thinking it would be only for those 3 months and nothing more. And nobody told us that we were entering an undefinite membership that we have to cancel when we want to stop it. The only place it is written is the "contract" that we did not sign. To me it is exactly like I bought a sound system for £ 900 and we agree to pay in 3 times £ 300 per month (with no interests), I give my DD to do that and I discover that 2 years later the seller of the sound system is still debiting me 300 every month. And when I ask why, he tells me it is because I gave him the DD details and he has got a paper which I have not signed telling me that however I should have stopped the DD after the 3 months.... Or In once sentence: I paid for something I did not want and never intend to buy. I have been forced buyer even without knowing it and with no evidence of it as the contract with the undefinite subscription and his cancellation process has not been signed by us. And the worst to me is that it does not cost anything to them, then I really do not see any reason why they would not refund me... That was for the principles bit. I went back this morning to see the manager and unfortunatly for him. I caught him at the vending machine. He had no choice but to listen to me this time. He understood my problem, was nice, said he will look into it and he will call me on monday to give me an answer. To be continued ...

I have a few questions: 1. What is the point to sign a contract if the contract is valid only if you sign the DD. ( If this would be the case, the contract would have only one signature for the DD and the contract itself, why is there 2 signatures then?) 2. My wife originally only wanted to go there for 3 months, and It has not been said to her that she needed to cancel anything, they told her to file the DD implying that the DD is only for 3 months. 3. As a matter of good faith, as the gym has not been used for 19 months and there is absolutly no costs to them, I don't see why they should not be able to refund me. 4. The monthly price increased from 43 to 46£ during that time and we did not either receive anyhing to let us know that ( however we received advertising from them to come and join the gym again...) Honestly, my wife did not want to go there for more than 3 month, I did not wanted to pay more than those 3 months. She has not been explained the way it works. they only told her taht we need to ay by DD (implying indirectly that you pay for what you want and ask: only the 3 months!!!). We did not sign the contract. they took the money and they could go away with it. If this is the case, it is absolutly discusting

carbon copy: signature clearly left blank ( no doubt the terms and conditions have NOT been signed)

Yeap that was my feeling No signature => no agreement. But when I go to see them, they clearly laugh at me. ( It is clearly part of their business plan: no compassion, no help to try to sort out the matter whatsoever...) They always say that I need to wait for the general manager to contact me (voice or mail). But now that the assistant secretary stopped my DD (according to what she says) and me on my side stopped the DD with the bank, I fear they will try to use that against me as I still have not produce any cancellation letter. 1. Then Should I write a letter to them ? 2. How can I do to sue them? 3. I wrote that, do you think it is a good idea ( It is to make sure they acknowledge that the DD has been stopped. And to show that on my side, I am fair andlet them know taht i am ready to take further action ======================================================= I just wanted to let you know that your assistant has cancelled the direct debit from july 2007 as it appears clear to her that it was related to no active membership. I deeply regret that you never want to meet me when I come to your Center to sort out the problem we have. I explained already my problem to X and Y and I am sure you are aware of it. ( If not, please call me ASAP) I phoned X straightaway on the 1st of june, the day I discover you were still debiting me. She asked me to come to meet Y. I came on tuesay 5th of June to meet Y. He was also unable to sort my problem and told me you will have to look into my wife’s file first and you will come back to us by phone or by mail. We are the 11th of June and I have still received any call or any letter. I reinsure you one more time you can contact me anytime at the following number 07950000000 or by mail at the address mentioned above. I will wait another 7 days, You would have had 2 weeks to look into the problem. It sounds to me a fair time to let you the possibility to get in touch with me to sort this problem between us or to ask me more time if you need it. Just to be fair with you and to let you know in advance, if I don’t receive any news from you by the 16th June, I will take further legal action. ======================================================= What do you think ???

Please Anyone !!! Help !!!

OK guys, First thank you very much for your help. I think all this case is about knowing if I am bound to the term and conditions of this stupid gym whether or not my wife signed them. So let me be a little bit more precise. Then on the recto of the page: All my wife details have been filled in... And : I have read the terms and conditions on the reverse of this form and agree to be bound to the terms Below: Signature is left blank My answer to Gyzmo would be : what is the point of signing to accept the terms and conditions by signing them if the fact I go there once valid my acceptance... ( but you might be right ???) On the back: 1 chapter interest us: Acceptance. Interpretation and variation 4. Every member of a center (a "member") shall be subject to these Terms and conditions. It is the member responsability to read the Terms and Conditions before signing the application form. By signing the application form the applicant member is deemed to have read, understood and agreed to be bound by these these terms and conditions ( AS I MY WIFE HAS NOT SIGNED I SHOULD NOT BE BOUND TO THESE TERMS AND CONDITIONS, NO ??? ) 5.The decision to accept any application shall be at the absolute discretion of the company. If an application is accepted by the Compagny, the applicants membership of the center shall commence upon the date of acceptanceor payment of subscription fees in accordance with clauses 8 or 9. 6. Acceptance by the company of an application for the membership shall constitute a binding contractual agreement between the company and the Member, uponthese terms and conditions and the rules and regulations or bye-laws of the centre from time to time in force After you have the payment terms where I am effectively a member I should theoritically with a letter as specify below... HERE WE ARE... ANY OPINION? WHAT SHOULD I DO? WHERE SHOULD I GO? WHO SHOULD I PHONE? I definatly intend to go forward with this but have no clue how to do it. thank you for your help. Cyrano

Thank you all for your help. Do not worry make_me_happy, direct debit has been suspended in agreement with them ( however I would not recommend to someone else to do that without it to have been agreed with the gym) Martin 3030: I did NOT sign anything else apart from the direct debit authaurization. The terms and conditions WHICH WE HAVE NOT SIGNED specified that we have to write them to cancel the subsciption. I DO HAVE the membership application form copy where the box where I am supposed to sign to agree the terms and conditions is left blank. ( I think we have more to argue because on this paper, the fee was supposed to be 43 £ and they increased it every year without letting me know, as they were supposed to. They should have kept a copy no? I read in a forum that a gym which claimed not to have received teh cancellation letter was right to ask for the copy for the proof ... ANYWAY) 1. how can I know if they are regulated under the consumer credit act? 2. what is S.A.R. ? 3. What is small claims??? where is that ? 4. What is trading local standards? how can they act for me ??? How can i get in touch with them Thank you again for your support and help. It is very much helpfll and appreciated. Thanks

Object: I need legal advices because I feel really (edit) and I would like to know if I can win this in court. IMPORTANT .. PLEASE READ POST 19 Please let me explain my problem. My wife suscribed a gym in june 2005. She benefited from an offer for 3 month I think, or anyway she onlly wanted to register for 3 months. She filled in all the paper BUT DID NOT SIGN the accept terms and conditions box. On my side, as she asked me, I SIGNED the direct debit. We have not been told the it was for an automatic renewal, neither that we have to write them a letter to cancel the subscription (after the 3 months). Basically, they did not explained to us the way it works and we did not agree with the terms and conditions but I signed a direct debit form. My wife then went in the gym for those 3 month. ( just to be exact she posponed the august month to september as she was entitled to as we were away for that month... Anyway, I don't think it makes any diference for our case.) And, after september she never went back to the gym. BUT GUESS WHAT ??? they have been debiting me for all that time ( till this month: june 2007... ie 20 months @ 46£). I went to see them twice, trying to see the general manager who never accept to receive me. And the Manager just tells me that I have sign the direct debit and that I will be contacted by the general manager soon( when? who knows) by post or by phone... On a matter of good faith as well, when I came , they checked on the computer and saw that my wife never came after september 2005. they did not offer to sort out the situation as I have been paying for something I never wanted and never used. As it did not cost them anything, a refund would have seem completely logical to me... THEN I WOULD LIKE TO KNOW IF I CAN WIN THIS CASE IN COURT. Effectively, I just would like the 20 months (that I have NOT USED and never intended to) which have been charged to be refunded to me. Could you also please tell me where I need to go to do it. THANK YOU VERY MUCH IN ADVANCE OR YOUR HELP!

Object: I need legal advices because I feel really stolen and I would like to know if I can win this in court. Please let me explain my problem. My wife suscribed a gym in june 2005. She benefited from an offer for 3 month I think, or anyway she onlly wanted to register for 3 months. She filled in all the paper BUT DID NOT SIGN the accept terms and conditions box. On my side, as she asked me, I SIGNED the direct debit. We have not been told the it was for an automatic renewal, neither that we have to write them a letter to cancel the subscription (after the 3 months). Basically, they did not explained to us the way it works and we did not agree with the terms and conditions but I signed a direct debit form. My wife then went in the gym for those 3 month. ( just to be exact she posponed the august month to september as she was entitled to as we were away for that month... Anyway, I don't think it makes any diference for our case.) And, after september she never went back to the gym. BUT GUESS WHAT ??? they have been debiting me for all that time ( till this month: june 2007... ie 20 months @ 46£). I went to see them twice, trying to see the general manager who never accept to receive me. And the Manager just tells me that I have sign the direct debit and that I will be contacted by the general manager soon( when? who knows) by post or by phone... On a matter of good faith as well, when I came , they checked on the computer and saw that my wife never came after september 2005. they did not offer to sort out the situation as I have been paying for something I never wanted and never used. As it did not cost them anything, a refund would have seem completely logical to me... THEN I WOULD LIKE TO KNOW IF I CAN WIN THIS CASE IN COURT. Effectively, I just would like the 20 months (that I have NOT USED and never intended to) which have been charged to be refunded to me. Could you also please tell me where I need to go to do it. THANK YOU VERY MUCH IN ADVANCE OR YOUR HELP! Cyrano (funny that this name has not been used yet as so many people lool to want to retaliate !!! lol !!! )

Object: I need legal advices because I feel really stolen and I would like to know if I can win this in court. Please let me explain my problem. My wife suscribed a gym in june 2005. She benefited from an offer for 3 month I think, or anyway she onlly wanted to register for 3 months. She filled in all the paper BUT DID NOT SIGN the accept terms and conditions box. On my side, as she asked me, I SIGNED the direct debit. We have not been told the it was for an automatic renewal, neither that we have to write them a letter to cancel the subscription (after the 3 months). Basically, they did not explained to us the way it works and we did not agree with the terms and conditions but I signed a direct debit form. My wife then went in the gym for those 3 month. ( just to be exact she posponed the august month to september as she was entitled to as we were away for that month... Anyway, I don't think it makes any diference for our case.) And, after september she never went back to the gym. BUT GUESS WHAT ??? they have been debiting me for all that time ( till this month: june 2007... ie 20 months @ 46£). I went to see them twice, trying to see the general manager who never accept to receive me. And the Manager just tells me that I have sign the direct debit and that I will be contacted by the general manager soon( when? who knows) by post or by phone... On a matter of good faith as well, when I came , they checked on the computer and saw that my wife never came after september 2005. they did not offer to sort out the situation as I have been paying for something I never wanted and never used. As it did not cost them anything, a refund would have seem completely logical to me... THEN I WOULD LIKE TO KNOW IF I CAN WIN THIS CASE IN COURT. Effectively, I just would like the 20 months (that I have NOT USED and never intended to) which have been charged to be refunded to me. Could you also please tell me where I need to go to do it. THANK YOU VERY MUCH IN ADVANCE OR YOUR HELP!