Fitness First Gym - Cancelling Membership problem

[Gallen]

Hi there,

 

I signed up for a years membership during around 2005 (from memory). I kept up the membership after the initial year expired. I never re-newed anything, but the D/Debit kept coming out. I continued using the Gym until around 2007.

 

Having stopped going to the gym, during April 2008 I went in to cancel the membership and filled out the "Departure Request Form" as required in order to end the membership (they make it very difficult for you to leave).

 

I was told that my original membership agreement stated that 1 months notice was required to end membership. This would have meant that I need pay for May 2008 even though I was not using the gym, nor had been for ages. It also seemed wierd because I initially agreed to a 1 years membership, and this is what I has signed up for. As this 1 year had expired a long time ago, I find it strange to be tied in to anything else... anyway........

 

I updated my contact details for confirmation of termination of membership, and I left my D/Debit open. It was collected in May as usual.

 

I still had not used the gym and had not for months.

 

Last month (October/November) I noticed that the D/Debit was still being taken.

 

I contacted the branch manager via phone and explained what was happening. I asked him to copy me via email to confirm the result of our conversation which he did ans is as follows:

 

I will be sending head office a refund request for the membership payments you have made since April when your membership should of been cancelled.

 

This cancellation was not processed which is our admin error at club level, for which I apologise

I also asked if it was safe for me to go ahead and cancel my Direct Debit, to which he replied:

 

Yes, get that cancelled before the 1st when the next payment would be due.

Thanks

I have not recieved refund and now I have recieved text messages and phone calls saying I owe money as I had not cancelled my membership by filling in the form.

 

I explained the situation, and now even emails to the manager are no longer being replied to.

 

Please help - What can I do & where do I stand?

[enamae]

Reclaim the unauthorised payments through your bank using a copy of the Gym clubs e mail as confirmation that it should have been cancelled.(would have been better if you'd remembered to cancel after the May payment but hopefully not a problem).

 

In respect of the text messages/phone calls, write to them, including a copy of their e mail, advising them that your membership was cancelled, and that you will not be making any further payments. Again include a copy of their e mail.

 

link to bacs Q & A on direct debits.

Direct Debit FAQs

Edited December 4, 2008 by enamae
added link

[Gallen]

Thanks for the advice - The part in the D/Debit Guarantee is:

 

Q How do I get back any money paid in error?

 

A. If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.

 

The worry I have is that they are saying I still should be paying. If I Claw back money, then will this cause further problems?

 

Gallen

[enamae]

Do you have a copy of the Departure Request Form?

[Gallen]

Do you have a copy of the Departure Request Form?

 

Possibly I will have to look...

I also have an eMail from the club manager stating:

 

"This cancellation was not processed which is our admin error at club level, for which I apologise."

 

...so liability isn't the issue.

[enamae]

First thing to do is write to your bank, enclosing copy of Departure Request Form or e mail, and request refund under Direct Debit Guarantee. It will then be up to them to reclaim the money from Fitness First Gym.

Then write to Fitness First, enclosing copies of the evidence, advising them that you do not acknowledge any debt to them as the membership was cancelled with the appropriate notice, and that you expect a letter within 7 days confirming that the matter is closed.

I have to go now. Any further question I will be back on line tonight.

[Gallen]

thank you - I have instructed my bank to refund under the d/debit guarantee and they are proceeding.

 

Even though I read out the guarantee, they still kept saying that they have to speak to Fitness First.

 

They said they will probably make a payment within 48hrs to my account, but as I understand it, if Fitness First contest it then I may end up having to pay it back!

 

I spoke to F/First Customer Services again, and told them I have no other choice but to do this. The lady said that it was fine to proceed. However, they said that until they recieve confirmation from the branch manager (who I can not get in touch with - not returning calls or eMails) they will not process a refund from their end.

 

Again I said about having eMails to confirm but not too interested.

 

I'm getting the run around!

 

Additionally, I really do not see why I should have to be bound by this as my initial contract was for 1 year. This expired some years ago.

 

I do not see how they can be like this and get away with it.

[jabberwock]

Hi There,

 

Good luck with their customer service team. I am currently having problems in obtaining a bank charge refund from them.

 

Unfortunately it seems there are many uninformed members of staff in their customer service department.

 

I've been searching for similiar cases to mine yet found many similiar to your situation. People on one year contracts and on obtaining a copy agreement from Fitness first it appears it has been altered to show much longer periods of time or where a DD has been cancelled and set up again for no reason.

 

Its quite shocking that a large company such as Fitness first could employ such inept staff really.

Edited December 5, 2008 by jabberwock

[Gallen]

Today I recieved another eMail from the branch manager. I'm pretty pleased really:

 

I have sent the necessary forms across to our head office and assumed this had been completed as I was advised by them.

 

 

I will send the paperwork back over to them, however it may be quicker for you to request a bank indemnity yes. I will re-send this paperwork to head office again in the meantime and advise you when I hear back from them.

 

 

Thanks

 

 

 

Hopefully this should get it sorted now... I will wait and see?

[enamae]

Pleased to see things have been sorted.

[Jehan]

Hi all!

 

Okay so i just recently joined fitness first coz i felt i needed some activity in my lazy and robotic lifestyle of being a student as well as working at the same time. I have an office job so felt the need to join a gym. anyway! my friend was going to the ff gym and i decided to join in. i was under the impression that i could get the ff membership for 3 months and then i can go on from there..but obv they said they dont do 3 months memberships ( this is when i shouldve stopped but i didnt) and i saidd okay fine..ive no other expenses so might as well pay for the gym. but when i asked my other friend abt it, i was told that they do 3 months memberships in fact and it is in the contract but of course i stupidly let the guy at the gym fill it in for me. One of their sales tactics im sure coz i didnt bother reading the contract n just signed it in the end. 6 days on and i am beginning to realize ive made the biggest mistake ever!!

1)its 40 mins on the tube

2)50 quids is too expensive for a student

3) the friend i was counting on as a partner is leaving for like 2 months!

4)i ddint know they ddi a 3 months contract! stupid i knw...sigh!

5)i want out and it says so in the contract that:

 

"If you are dissatisfied with the service offered by us for any reason within the first 10 days of becoming a member, with the exception of the start up fees which are not refundable, you are entitled to a refund of any membership fees paid subject to presenting the 10-day comfort guarantee voucher at your Home Club during that 10 day period."

 

I did not get any such voucher and my 10 days are still not up. I did call up my gym today and told em I was not told they ddi a 3 month contract as well. And that I want to cancel it coz it says so in the contract that I can within the first 10 days. Of course they did not mention or give me any comfort guarantee voucher. But I am still within my 10 days. First they girl there said i cant cancel the contract but when i read out the clause to her she gave me the head office number. I am guessing they are gonna drag me along till my 10 days are over and then theyll tell me theres nothing they can do. Any suggestions?! i need help!!! 50 pounds outta my account every month..come to think of it..thts insane!! and totally and utterly ignorant AND stupid on my part but i would appreciate is someone can help me..please!!

[Sparklez30]

If it were me I would send in writing that you wish to cancel and as per their clause you are entitled to do so within 10 days. I would send it recorded to both the head office and the local gym. That way you have proof you tried to cancel within 10 days just in case they cause problems later down the line (you can also put in about being misinformed re the 3 month contract!)

[Jehan]

well i thought ive already paid 65 pounds and canceling it meant i wouldnt get them back..so i opted for a 3 months contract as later the same guy contradicted himself that they do infact have 3 months contracts..so anyway they didnt change it there and then as the manager wasnt there..Now i am hoping theyre not dragging me along coz technically ive crossed my 10 days grace period but i did inform them on the 8th day about changing my contract to 3 months. It hasnt been actioned yet. I did ask the guy to gimme in writing that its okay but he said it would be meaningless and pointless to giv something in writing and it would be dealthwith next week. coz the manager said its fine so i shudnt worry. Hopefully they wouldnt try to con my into a 12 months contract when later, while i will be thinking its a 3 month's. Hence, ill be on the manager's case from next week. who apparently knows abt my case and says it wil be okay! *fingers crossed*