Small Girl v Big Bad:Fitness First

[ruthedmonds]

I did everything wrong here, I didn't read the contract properly, and now I am a bit stuck.

 

I decided to join the gym in January, as a lot of people do, and they had an offer on that I thought was right for me at that time. I asked before joining what would happen if I moved away, as I had applied to 2 colleges outside of the area but at that time did not know about the potential success of these applications. I was cheerfully informed that should I move and there be no gym within a certain radius of my new address then I would be free to cancel. When I went to register, I started reading through but was made to feel i was just being awkward so I just skimmed and signed.

 

Since then, I got into college (yey!) but I also hurt my knee. This knee injury has been treated by the doctor and I have undergone physiotherapy. I didn't cancel at first as I had hoped to recover enough in time to once again use the membership, however a couple of months later during which time I have been on crutches, unable to leave my flat at times and off work I realised that wouldn't be possible. I rang the club and at first got the standard response, that I signed a 12 month contract blah blah blah, I then explained that I was unfit to use the gym and that I would be moving before I would be able to again. On hearing this I was given the number for memberships, who have told me a different story. This time, I can pay half the membership to the end of the term when I move away, and must provide a doctors note for my gym membership to be cancelled. I see my doctor if I'm poorly, not because the gym wants to play silly buggers so I wrote them a letter, again stating that I was unfit to use the facilities, including the diagnosis and stating that the direct debit would be cancelled.

 

No reply to my initial letter, they still tried to take the direct debit and then I got a standard lettter requesting immediate payment of fees. I rang them up, tried to explain the situation and now the story is that they want proof that I am moving, they still want a doctors letter and they are only willing to freeze the nmembership until I am once again fit to use the club. I asked for a copy of the terms and conditions and was curtly told i would either have to go to the club to pick them up or pay £20! I curtly repield that I would then request a £20 fee for my doctors note and did he want me to hop to the club!?! On ringing the club I am being sent a copy of T and C's but I'm a little at a loss as to what I should do next.

 

I think I have grounds for being mis sold the product, although no proof that I was told I could cancel when moving. I also wondered if there was any advice on the injury. Is it bad that I should worry that I can now walk a short way and have tried to start working again?!? Personnaly given the choice between crippling myself (if i mess it up again I could cause major long term damage, I'm 25, I dont want to do that) and getting a default on my credit file for 6 years, I know what I would do.

 

Also might be worth mentioning, that I called the club when my injury occured and asked if they had a physio who I could use at the gym, they said that they would look into it and didn't get back to me, an nhs appointment came up so I didn't bother trying again.

 

Advice greatly appreciated.

[ruthedmonds]

T and C's still not arrived, what do I do, have I got any recourse? I had hoped that when I read through them I would see what I was actually tackling. Please has anyone got some sound advice for me?

[valtonia]

I would give the Citizens Advice Bureau and maybe even Trading Standards a call and see what they advise. It does seem like FF are being unreasonable. If you speak to FF it might help to mention you've contacted the CAB and TS - it seems to make them realise you won't be bullied.

 

Do you recall if in the contract you signed it said that they own you for the duration of the contract?