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  1. Sighs and groans I'm sure from admins and members alike as this has no doubt been dragged up before, so sorry in advance if im treading over old ground I signed up with my local guy "heights" in around october last year, this was after a year away in whihc apparently they changed to using Ashbourne to run their accounts. At the time I had just left the army (was only in there just shy of a year) and had begun work in a local bank branch just around the corner so this worked like a charm, however after a month I was moved to a branch in the next town to us and a month after that my work load jumped as I was signed off to do more. This left going to the gym after work pretty much a no go anymore due to A) being drained by the end of the day (ill get my small violin ) and B) By the time I get to said gym its at the point of rammed full (this is before the Jan rush) Secondly to this money was needed elsewhere and like all people the first thing in my view to go was the gym, admitidly i did the wrong thing at this point and canceled my DD Ashbourne on the next payment missed gave me a call, I explained my situation saying it just wasnt working out anymore there and offered to pay the missed DD and call it quits its at this point I got the simple "no" reply alas I pleaded my case again and stated how it was unfair that I should now pay for a gym that I dont use, I was informed how gyms were a business and need to make money and this would damage them, I stated how I had paid a set up fee (because setting up a DD is a lot of expensive work) and the gym itself had made no outlay for me again "No" This has gone on now for a number of weeks getting a call or two every other day and 2 letters a week, I have called back again and offered to pay a get out fee or admin fee and been told no the only way out is to pay the full sum. Today I have been threatend to go to a debt collection agency which is worrying to say the least, along with a new amount owed of £124 keep in mind my membership is £37 a month which would run up to apparently owing for 3.3 months Now did I miss a letter on charges or something because that doesnt add up.... In short is there anything I can do? or is this just going to be a case of they have won by slapping me silly with spam and threating to throw me to debt collectors... I understand its a contract but christ you would get less abuse for being late with a credit card payment or wanting to close credit cards or current accounts
  2. Hi, A newly opened Yoga places is offering a limited number of yearly memberships if they are prepaid in full. I been there lots the last month, I really like the place, it is convinient and the deal is great. Now the snagg, it must be prepaid in full, now I am being clever so paying it on my credit card for extra protection. I know I am going to use it so it pays of to get it BUT playing devil's advocate what are my consumer rights for a refund if I have an accident in lets say 6 month time and can't use it, or get evicted (not planning to but landlords are sometimes crazy) and move too far away. Could not find aything covering this in their T&C's and the girl on reception seemed very new so she couldn't answer. The nearest in the T&C's were this; "2.10 Subject to any statutory right of cancellation, payments for Memberships and Classes are non-refundable unless otherwise stated in these Terms and Conditions." So ignoring them and from a purely consumer rights perspective what are my rights to a refund if I have to cancel due to moving or for medical reasons? Is medical reasons and moving statutory rights? Thanks in advance
  3. Hi, I took out a 14 day trial of David lloyds gym. I suffered a shock Bereavement so did not attend the gym as regularly as I would have liked. I attended in the last hour of my final day of trial. I formed salesman wanted to see me prior to me using the gym. Aggressive sales tactics ensued which were bullying. I informed the salesman that I did not want to join that nite... I told him I had had a recent sudden Bereavement and was tired and had come in to use the pool to relax. I also told him I had not been a to use the classes so was unable to decide if the gym was for me. More sales tactics. I was sent home to get my debit card. I returned stating I did not want to join. He then said he could take a joining fee but not submit my membership... He would give me three one day passes to use over the weekend. If I did not contact him on the Monday he would not submit my membership into the system. He also said there was a 7 day cooling off period. I was eventually worn down and gave debit card for the joining fee. I felt cornered... There was no way he was going to let me leave and he was not listening to what I was saying. I was mentally exhausted. I was given no copy of paperwork. As I left I turned round to notice him sniggering with a male colleague. I felt bullied into submission. This left me not feeling inclined to join the gym. Therefore I did not use the three one day passes. I Di not contact him by phone on the Monday saying I wanted to join. I sent a letter explaini g the above and stating I did not want to join the gym. 4 months later I find out two dd payments have been taken from my bank. I cancelled the dd. I wrote a letter to the salesman stating this must be an administrative error and to refund me my money. I have had no response from gym but not long after my letter... I have been contacted by arc europe chasing me for a ridiculous amount of money. A particular chap has been very aggressive on the phone. I have been threatened with solicitors. I have a long term disability which is being exacerbated by what I can only call this fraudulent sale by this salesman who is obviously more interested in his commission than acting professionally. Would appreciate any advice. Would appreciate any advice?
  4. Hi First post on here as reading through some articles and you have been able to advise people I have recently moved away from my local DW gym and the week before I moved I went over to cancel the membership I filled in the cancellation forms and they said they will be in contact to confirm it has been cancelled. I asked if I would get charged for December and they said no. Unfortunately I didn't get this in writing. I didn't think anything of it and to be honest forgot about it as I was moving into my new flat. When I was going through my bank account I see I have been charged by DW for £38(Last Night) Called up on my lunch break today and they said that they have not got anything from the branch saying I want to cancel. I called up the branch spoke to the Admin manager which I didn't do the cancellation form with just someone on the front desk I gave it too and she is saying that she wasn't given anything she asked if I had a receipt and I said no I was never given one so I now have to do a 3 hour round trip to go and fill in these forms to cancel again. I asked about the charge in December and she said that this wouldn't be refunded and explained about the 30 day notice I said that's fine as it would of been charged no matter what but I also now have to pay in January as well I asked why when my initial cancellation was in November she just said you had too and that was how it was left. My partner has told me to just cancel the direct debit but I am not sure if this will resolve it or not
  5. Hello, This is my first time posting on here and I'm new to all this! I signed up to a gym membership with DW Fitness a few months ago. Unfortunately I lost my job a couple of months into my membership. I checked my contract and it stated this is a valid reason to cancel my membership. The first thing I did was cancel my Direct Debit and then I contacted the gym to inform them of my change in circumstances and requested to cancel my membership. They replied by saying I had arrears for the month of July and had to pay one month calender's fee. My monthly Membership was £34.00. They also requested a letter from my former employer proving the loss of my job. I asked them whether the one month calender fee was from the date of cancellation (early July) or the full month of August and could they give me the figure I owed them and I then stated I would be happy to pay the the remaining fees and supply the letter from my former employer. I didn't hear anything back from them for several weeks when eventually I received a phone call from ARC Europe LTD. They stated they were now handling the matter and demanded I pay £195. I stated that I had never heard of them and that I was dealing with the matter with DW Fitness directly and had been waiting for a reply from DW Fitness. They said they had sent me a letter explaining they were now dealing with the debt (I never received this letter). I explained I was uncomfortable dealing with them as I had no idea who they were and that the figure they stated I owed was incorrect. Another week passed with no contact from either company but I have now received a letter from ARC Europe demanding I pay the full amount within 10 days or they would be referring to matter to their Solicitor 'Major and Co' who would proceed to take a CCJ against me and if successful I would be required to pay £195 plus 8% interest and £75 legal fees.. I'm completely unsure on what I should do here and which company I should contact if any. Any help would be completely appreciated. After the way they have acted I don't feel I want to pay them anything, it's disgusting. Thanks
  6. Hi all, After some advice regarding LA Fitness and cancelling my gym membership with them. I am sorry upfront but this is going to be rather long as I want to give all the information. I joined an LA Fitness gym in Bedford on 11/06/2014. This was under a rolling 1 month contract. I paid monthly via a direct debit which comes out of my account the 31st of every month. I received an email from LA Fitness on 29th October 2014 to inform me that my gym was closing on 14th November 2014. LA Fitness informed me in the email that: LA Fitness had 2 gym's in my town, they shut the one I went to and transferred the membership to the other one. The gym's are not that far apart, only about 2 miles at most. I called the membership line on the 30th October 2014 to ask a few questions. I was worried as I biked to the gym, about where I could leave my bike at the new gym and whether the gym would be suitable for my needs, and about the cost of the new gym. I was told the cost would stay the same and the re-assured me over the bike situation. I went up to the new gym on Saturday 15th November and it seemed okay, nice and clean etc. The problem came when I went to go last night, Tuesday 18th November. Although the gym's are not far apart (and as I said I bike there on my way home from work), it is quite a bit out of my way for biking home. It took me about 20 mins longer to get to the new gym, different route and much more traffic. And, when I got in the gym at about 6.45pm, it was very, very busy (as you might expect I guess). I had to wait up to 20 minutes to get on some pieces of equipment, and I generally did not like it. Which comes to me phoning up the membership services helpline today to cancel my membership (as my terms and conditions state I should). I explained to the lady on the phone that I had nowhere to leave my bike when I got to the gym (there is a bike rack, but it was full), it is not convenient for me (the sole reason I joined the original LA gym was that it was on my bike route to and from work) and I generally didn't get on well there last night. She said that I could cancel but I need to give 30 calendar days notice and therefore my membership would not end until December 31st 2015. Again, my terms and conditions state that notice on the first day of the month following receipt of notice of termination, so again, they are right. However, do I have any rights here as they have shut my 'Home' gym? I have no wish to go up there again. They only gave me 2 days notice that they were going to shut my 'Home' gym before they took a full months payment (the gym didn't shut for another 2 weeks so had use of my home gym for 2 weeks). I tried to argue that giving notice was irrelevant as I no longer had a home gym. She said in the terms and conditions it allows them to move me to another gym. The only bit I can see that possibly refers to this is: But, not sure if that is what she is referring to? Sorry this is rather long winded, but wanted to give as much info as possible. can I get out of giving them the notice they say I owe as the transfer isn't suitable for me. Many Thanks.
  7. I bought a Student Gym Membership from the university I attend for £165. Since I've joined I have been there twice and decided it's not for me. Also the workload at university is increasing, I'm in there everyday and work a part time job so finding time to go to the gym is a struggle. When I signed up I had some spare time but the workload has increased. The payment went through on 3/10/2014 22 days ago. The iffy bit is that in there contract under the refunds/cancellation section it reads, "Refunds of membership fees and early cancellation of memberships will only be permitted in exceptional circumstances and at the sole discretion of . " Am I able to get some sort of refund? I paid with Debit card and received receipts from them. Thanks for any advice on the situation.
  8. Few Months ago I cancelled my gym membership as I started a new job. I just cancelled the Direct Debit. I just thought it would be cancelled as it was a monthly contract. They have however sent me a letter which I ignored. Then they sent me this letter attached which doesn't seem to make sense where they got the default figure from and I haven't received a default notice either. I do not recall harlands holding a consumer credit license. Can I send them a CCA Request? Im happy to just pat the 12.99 no more as I feel they made up the rest as they went along. Any suggestions? When I initially signed up to the gym it was done online and I do not have any recollection of signing up with harlands. Nor do I have any terms and conditions sent to me as part of the welcome or signup email.
  9. Cancelled membership at DW by letter (normal post), called to check rec'd letter but mgr would called me back if probs as not there. No call rec'd. Another DD taken so sent further letter and cancelled DD. Ltr from gym demanding money. Rang again but no call back. Ltr from ARC. Called ARC and said I'd sent ltrs and called. Called DW and mgr busy. Call received from ARC saying they'd spoke to gym and initial ltr not rec'd so insufficient notice given. Apparently onus on me to check ltr rec'd and no proof I sent it but pointed out no proof they hadn't so my word against theirs! Am I less honourable! Called DW again and mgr answered phone. He wouldn't budge. Said my fault and I can't prove I sent it (apart from copy I have). Two days later and today rec'd ltr from sols in Nottingham with added expenses! Where do I stand and have others succeeded in their disputes like this? Do I have to pay admin charges and sols fees? Thank you
  10. Hi, I hope I'm posting this in the correct forum and I hope someone can help. I'm a sole trader. In May, I had a phone call from a company called Big Green Book who act as a business directory. I didn't want to buy their membership but the salesman gave me the impression I could pay a percentage of the annual fee and get a taster of the service, with another payment in a month's time. He also said that there were many businesses, looking to acquire my product, who posted business opportunites on their website. I agreed, thinking I'd get a month's trial and a lead or two. I paid roughly three months worth as a first payment. I received an email with a receipt and a PDF attachment detailing how to set up my listing. Stupidly, I did not read to the bottom of the document where it states "You have entered into a fixed term 12 month contract and thus there are no cancellations or refunds at any point." This, however, was not pointed out at the time of sale. As I said, I thought I had a month's trial. It turned out the there were no opportunities for my business within that month. Indeed, the opportuities posted were nothing to do with any product I supply. I decided not to continue with the membership. A month after signing up, I received a call asking for the second payment. I refused, stating the reason above. After a bit of hesitation, the caller said I should put that in an email. I sent the email requesting that they cancel my membership and refund my payment minus one month's pro-rata membership fee. The reply I received stated that they "do not operate a wait and see policy on membership fees, your agreed split payments are clearly stated on the invoice." I checked the invoice and sure enough there is no mention of a trial period. However, I am adamant that this was the impression given by the salesman. We have exchanged emails with me stating that I think I have been mis-sold and them claiming I haven't. It's not huge amount of money but it's the principle at stake here. I refuse to be pushed around by this company because of their salesman's method of sale. I wouldn't dream of doing that to my customers. Can anyone help?
  11. Hi everyone, I really could do with some advice - I've read a huge number of threads here about issues with Harlands and Credit Resolution Services but am unclear on what would be the best way forward for me. I was getting frustrated with my gym 6 months into a 12 month membership - they didn't have any way to independently access the gym no keycards etc and often couldn't find my membership on what was quite literally a tatty piece of paper on their desk. So, foolishly, I cancelled my direct debit and stopped attending the gym. When I joined, it was never really explained what I was signing up for and I didn't realise the consequences of just cancelling the direct debit. I thought no more of it until yesterday I received a letter from Credit Resolution Services claiming I owe them £236.42. Since, I've missed three direct debit payments of £14.99 this is an apparent £200+ arrears on an amount of £44.97. I've been reading through everything to work out what I should do. Options seem to be - send a formal letter to CRS asking for the credit agreement etc., contact the gym and attempt to resolve through them or ignore completely. A friend of mine who is a solicitor (but family law not credit agreements) told me to just ignore the letters and that if I respond I'll only get drawn into a protracted series of correspondence. But I'm concerned that if I do this I may end up with a CCJ or people knocking on my door. I have a 6 year old daughter so don't want a doorstep confrontation and I'm hoping to buy a house soon and so don't want my credit rating impacted by anything these jokers attempt. I'm happy to settle up the £45 missed direct debits and carry on paying the direct debit (provided this does mean access to the gym) but there's no way I'm paying an amount 6 times the debt. What should I do? Thanks everyone, K
  12. My daughter joined Fit 4 Free in June this year for 12 months. She wasn't working and had the time and enough money to attend the gym and pay the monthly fee. In July she started an apprenticeship at £3.50 an hour. She works miles from home and didn't have time to go to the gym as she works shifts and more importantly she can no longer afford the monthly fee. She sent a letter explaining all this and they wrote back asking for proof of her new address. They obviously hadn't read the letter so she wrote again with all the same info and asking for some consideration of her dilemma. She cancelled her DD in September and has received a letter threatening debt collectors, even though she is still waiting for a reply to her second letter. Any and all advice would be welcome. Thank you LT
  13. Hi, I recently cancelled a gym membership by just cancelling the direct debit as I was about to go overdrawn. I was supposed to give a month's notice which I didn't do so I am prepared to pay them two month's membership. However, they are charging me £50 for missing the two payments and I am wondering if I can contest these 'administration' charges? They are already threatening me with debt recovery companies because I haven't paid yet. In addition to the fact I was about to go overdrawn, the gym was also frequently never open on time, something that many people have complained about and I was wondering if I could mention this in my correspondence if I contest the administration charges? Thanks in advance for any advice.
  14. Hi I have been a member of DW fitness for quite a while now and decided I wanted to cancel my membership. I wrote a letter on the 25th October 2013 stating I was giving one months notice to cancel and that my last payment would be going out on the 2nd December 2013.I never heard anything back so thought all was fine. I then received a letter from ARC Europe Limited on the 12th February saying that I have ten days to pay £54.90 this includes a £15 admin fee. Taking into account I only payed £19.95 a month I'm not quite sure where they got this amount from. I straight away sent a letter Recorded Delivery to Arc Europe informing them I had sent a letter to DW Fitness stating I wish to cancel my membership.I also sent them a copy of that letter. I just wished I had sent my initial letter Recorded Delivery to DW Fitness. I then received a letter back on the 20th February to say I quote "Although you claim you gave our client written notice they have never received this.Therefore unless you are able to provide proof of delivery of your notice to cancel: the above balance remains outstanding and must be paid". I have yet to respond, any advice on what I should do next?
  15. Good morning I was hoping some valued advice regarding a situation I am in. I had a taster session with a local running/activity club. After this we were told of we joined within 24 hours we wouldn't have to pay the joining fee. I didn't join but was contacted a few days later by phone to ask why not and was persuaded into joining over the telephone. I wasn't informed at that time of any specific terms or conditions or what the monthly fee was because the guy wasn't sure. I was only able to see t&c's after a direct debit had been set up and I received a welcome email at which point the fee would be confirmed. I have not attended the club at all since joining. The truth is I'm facing redundancy at work and suffer from a back condition since a car accident which is sometimes fine sometimes painful. At no point was I told that I was signing up to a rolling 6 month contract. I cancelled my direct debit and received several emails threatening dca involvement and small claims court process. I re-set the direct debit but again cancelled it when my salary wasn't paid. I am now in correspondence with daniels silverman who have said they have their clients instructions to commence court proceeding and that I signed up to all this when I joined. But I didn't. I didn't join via the website whereby you click to confirm you accept t&c's and none were given over the phone. Can anyone advise where I stand on this. Am I likely to end up with a ccj here when in reality I feel like I've been taken for a bit of a mug. Should this company have furnished me with such important t&c's before confirming my direct debit??
  16. Hi, Bit of a strange one this, I took out a gym membership with DW Fitness on 28th April 2014 and that same day I found out that my Wife was pregnant. Thinking that the added monthly cost would be better spent elsewhere I called the gym the next day to ask if they would agree in this instance to cancel it as I have had not used the service and I could do with using the money elsewhere. The manager instantly stated that this was a 6 month agreement taken out in good faith, which I agree is correct, however, I kindly asked he if would consider. He advised me that he couldn't make that decision without speaking to someone at head office as it was not something which has happened before. I have sent an email as requested to the gym and i received no reply some 7 days later, I have again emailed him today and he has since left a voice mail to say that as he thought, he doesn't 'think' that it can be cancelled and the 6 month period must be honoured. Now, I was considered biting the bullet and completed the six months, however, in the past week my Wife has been rather ill with severe nausea known as HG for short. This has left her more or less bed bound for 4 days with no sign of improving at present, meaning I am now having to care for her and our 7 year old, meaning the gym is not likely to happen any time soon. I appreciate the 6 month contract agreement, does anyone know of any compassionate grounds where they may listen and understand my request? Many thanks Martin
  17. HI I was wondering if anyone could give me advice. I cancelled my DD with DW due to not having a full time job anymore. I got a email saying i owed them £68 due to not giving them one month notice. i went into the gym and exaplined my situation. i was told i could suspend my account for 6 months at a cost of £5PCM till August 2014, i also paid the £34 i owed for febuary., I filled out my DD details again was given a recepit and thought nothing more. I then received another email a few weeks layer saying i was still in debt of £68. I emailed them explaining what i had done, i received an email back saying due to the time i went in the DD had not gone through and i was 5 pound in debt. I never went into pay the £5, any maybe i should but i now have a debt letter from ARC saying i owe £54 for pne months notice and £15 contractual admin charge. I emailed DW twice explaining i was supposed to be on a suspension but i have heard nothing. What should i do? Kind regards Lmatthews
  18. I am afraid I am another who has fallen foul of David Llyod ! I had a 18-20 membership option that ran for 3 months, this was taken out in sept 2012. In sept 2013 i moved from home to university. I wrote to DL to cancel my membership in Oct of 2013, giving them the one months notice, set out in my contract. I returned home for christmas, cancelled my DD debit, believing that this had all been dealt with. I am now in receipt of a letter from a solicitor.. Major and Co threatening court action for the sum of £254.97 can anyone advise how I should deal with this, I would be so very grateful.
  19. Hello, I'm a student living in London and I've joined LA Fitness on 06/03/13 and I have the contract for 18 months, which means the total contract value is £799.00, with an monthly fee of £47 The thing is, that I did not used the gym that much, in fact I've been there less than 10 times I phoned them on October 2013 (as far as I remember) that I want to cancel it...and I found out that I couldn't and I had to pay for the rest of the contract or I could freeze it. I walked into the LA Fitness Branch in golders green to ask the staff about my membership case and unfortunately, I had an accident when I went back home, in holiday...so I was not able to work out and I don't want to have it anymore... I had money issues as I was not working and my parents had to support my funds The staff told me pretty much the same as the guy from the phone, so I canceled the DD just to end this. The thing is, I didn't read the contract properly when that happened...and I was so annoyed with their policy After a while, I moved from the address that I provided them,, and I did not received their letters but they started to phone me, but I didn't give them the chance to say smth as I've ended their calls. Today, a guy called me from LAF saying that I have to pay the amount of £500 and smth otherwise they will get a court order. I was pretty scared of that court order and I phoned them and I argued with them on the phone just to find a way out of this without paying, but they were pretty cold and rough and did not want to accept nothing and if I am not paying I will be a court case I phoned them again, and I asked to speak with someone superior, so I've been in touch with a guy which told me that I have to pay the £500 and end the contract or pay £140 and continue with the contract, where I could send the proof from the GP that I have health issues The thing is, I don't want all this hassle and I'm feeling fooled by them and I can not pay that amount of money, unless I have no choice SO PLEASE, someone very kind to reply it will be very helpful My fear is, that with this court threat or (debt collector as I read on the forum) I can suffer in the future if I want to make a mortgage or any loan How does this affect me in the future?
  20. Hello, I'm having an issue cancelling my DW gym membership early. I joined about a month ago. When I signed up my partner was job-hunting out of the area, so I knew there was a chance we might need to relocate to London. When I joined I checked and the staff there confirmed that although it's a 14 month contract with a 6 month break clause, there is an exception if you relocate to a place where there is no DW gym within 10 miles. There are no DW gyms in London. I checked this out in the contract before I signed it, and it was there. So, my partner got a job and we need to move to London in a month. I went into the gym and explained this and asked to cancel my membership. The woman I spoke to said it was 'her understanding' that regardless of the circumstances, I cannot cancel within the first 6 months, but to bring in my tenancy agreement and she'd check it out. The next day, I brought this in and spoke to the club manager. She also said I had to stay for 6 months, and kept going to speak to her manager on the phone to check. We went over and over the contract, and I am certain that it says I can leave at any time under circumstances such as relocation, but she refused to agree and they seem to have their own spin on it. The wording is as follows: You may cancel your membership: 1. by giving us at least one calendar month’s notice to cancel your membership to take effect at the end of a calendar month. During the first 14 month membership period the cancellation of your membership cannot take effect earlier than the end of the 6th month; or the 12th month for Home Club Memberships. For Membership Renewal Periods (which are not applicable to Home Club Memberships), cancellation can take effect at any time by providing at least one calendar month’s notice as stated above, even during the first 6 months of that Membership Renewal Period; 2. by providing notice of cancellation at any time if one or more of the following applies (a “change in circumstance”): - you are unable to use DW Sports Fitness clubs because of a genuine and serious injury or illness which results in you being unable to use DW Sports Fitness clubs for at least two months, and this is evidenced by reasonable supporting evidence, such as a Doctor’s note; or - you are made redundant or otherwise lose your job and provide us with reasonable supporting evidence, such as a letter from your employer or proof of entitlement to Jobseeker’s Allowance; or - you move house or your principal place of employment is changed and your new home and new principal place of employment are located more than 10 miles from a DW Sports Fitness club which you are entitled to use, The general manager is going to call me back after they've 'investigated' who informed me, but I am pretty sure I know what the outcome will be. I cannot afford to pay another 4 months membership when I am moving to London, but if they do not accept the wording of the contract I don't know what to do. Apologies for how long this is, but I'd really appreciate any advice! Many thanks, Jen
  21. I joined Sport Center - gym on 30th May 2013 to start the membership on June 2013. Shortly afterwards in July I injured my knee and was not able to walk, I was using crutches until knee operation in September. Obviously I was not able to use the gym. On 2 September I rang the Gym saying that I will not be able to continue my membership and I will cancel DD. The person advised that I need to provide a proof. I deleted DD anyway. Start from 1st October the membership was not paid. On 3rd of Ocober I started receiving letters from Bespoke Direct Debit Services - chasing me for payment. I rang them on 3 October and explained what happened. They did not want to respect anything apart from a proof from GP, they asked me to provide. I continued not paying and I said - I had operation and I am stuck in bed and I don't have the proof on me. I rang them again on 10th January. They kept not respecting my demands to cancel contract and kept asking for proof. Their email: Thank you for your recent correspondence, the contents of which have been noted on file. We confirm, it is as per the Terms & Conditions of your agreement that we require a doctor’s letter confirming your circumstances so that we can review your account. Unfortunately, if you are unable to provide us with the proof, you will be required to make a payment of £.... to bring your account up to date. I am ok now and able to drive, I went to see my GP and I got this letter from them - proofing that I was saying the truth. I forwarded this to DFC and they replied: "We can confirm,that on this occasion, we will agree to cancel your contract within the minimum term, however, we would request that a payment of £..... is made in order for this cancellation to be applied. We have requested this payment due to the fact that we received your proof on 3rd February 2014. " Well firstly I have not signed terms and conditions, and I have not signed DD instruction. As I asked for the terms and conditions now - they sent me email saying that the terms and conditions were sent to me via email back in June last year. Well, if they have - I missed that, I don't know how, I cant find it. So there is no electronic or paper proof of me receiving and agreeing to term and conditions. What should I do? can you help? Thank you. Margosh
  22. Hi. I have read posts on here previously which have been similar to my situation. I signed up for a 2 year membership of toning suite, part of a gym. The credit agreement is with Ashburn and gives no way out! I think their agreement is probably all legal and valid. I wrote to the gym explaining that due to worsening medical problems with my hands I would be stopping work and therefore unable to afford the second year but would pay the difference between a one year membership and half a two year one. At first my letter was ignored so I wrote again and have now heard back from the finance company (as the gym had contacted them) basically saying they may only consider a cancellation (goodwill) on production of letter from consultant saying unable to exercise which isn't really the point. I had mentioned the OFT 2011 case and also the fact that it had been ruled(?) that contracts for more than 1 year were unfair and should provide for cancellation. I am trying to compose a reply and would be glad of any help
  23. I informed (in writing) my local Bannatynes gym I was leaving. I was under the impression that under the new OFT ruling the cancellation period was 30 days. This would have meant my contract ended on 14 February. However I received a letter from Bannatynes informing me my membership would not end until 28th February as its 30 calendar days. When I called Bannatynes they explained this was in my contract. I'm sure I have the contract somewhere so I haven't checked yet but surely any ruling would supercede this? I know it's only 14 days but I've already made plans to join another gym on 14 Feb and do not wish them to overlap. Is the 30 day calendar rule valid or is this another case of them trying it on?
  24. Hi to all! Firstly I'd like to say this is my first experience of a forum so your patience will be appreciated. My issue with DW Gym only became apparent in the last few weeks when i tried cancelling my gym membership, when i signed up and was attending the gym, the staff seemed polite and helpful, since speaking to them about cancelling, they seem to be anything but polite, extremely rude at times and totally unhelpful! When i signed up in February 2013, i was firstly told i could pay £25 per month,minimum 6 month contract,with the option to cancel anytime after 6 months (30 days notice), or as a limited time special offer, i could have the 1st 3 months half price if i signed up for 12 months but id still be able to cancel anytime after 6 months (30 days notice) So i went for the special offer because it seemed like a pretty good deal at the time. After a month of using the gym, my work commitments in terms of hours and family commitments changed to the point that i stopped using the gym all together because i just didn't have any spare time, but i kept paying my membership of course waiting for 6 months to elapse so i could cancel. In September i rang the gym to give my notice over the phone and got told i could only give my 30 day notice in person, which seemed a bit odd, but i said i would and ended up paying for the month of October as well because i couldn't get to the gym before the beginning of the month,at which point i cancelled my direct debit as well. After cancelling the direct debit, i went to the gym to hand my gym card in and to fill out any necessary paperwork, i got told my notice would only start from then and i'd have to pay for November as well before i could cancel, i told them i had hardly used the gym since i signed up and that i did try giving my notice in September over the phone but they were not having any of it so i agreed begrudgingly. Then after id filled out the paperwork,the girl at the desk said there was a problem, so she called her colleague to the desk who told me i couldn't cancel my membership for a minimum of 12 months, i was shocked, when i told her that wasn't what i was told when i signed up, i basically got told that i was lying, there colleague wouldn't have told me that, they've got a signed contract saying otherwise,which if i didn't read before signing then it wasn't there problem, and that id have to pay until February or they would take me to court! I really feel i was mis sold the membership, feel like a idiot for not reading before signing but i took the salesperson word for it, who at the time seemed very polite, trustworthy and genuine! Is there anything i can do?
  25. Hi, I have taken out a 24 month membership with Ashburn Finance for my local gym, I am now 12 months into membership but wish to cancel-I believe there was a 2011 legislation which stated it was illegal for gyms to enforce contracts of greater duration than 12 months.
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