Gym wont refund me

[BeaReal]

Hi there. I signed up with v***** active and after a few months decided i wanted to cancel because its very expensive. I called and asked and they told me i cant because its a 12 month contract. So I've had payments taken out by direct debit, sometimes causing me to go into overdraft. I called to make a payment and just happened to ask when my contract would be up. They told me it was monthly and that i could have cancelled anytime. Now my home gym are denying they would have said it was 12 month contract and that there's nothing they can do. I want a refund plus the bank charges. How would i go about challenging them? Thanks in advance.

[dx100uk]

if you could get that inwriting then i wonder if you could use the dd guarantee clauses?

 

dx

[BeaReal]

if you could get that inwriting then i wonder if you could use the dd guarantee clauses?

 

dx

 

thanks for your reply, but how would the dd gurantee clause work in this case?

[dx100uk]

If the originator or the bank/building society makes an error, the customer is guaranteed a full and immediate refund of the amount paid.

 

issue 27 - banking - direct debit guarantee

 

the originator made a mistake by continuing to take payments when the contract had been cancelled.

 

thats why you need to get the 1 month inwriting.

then as far as i can see, you should be able claim a refund.

 

dx

[buzby]

I think they are talking at X-purposes here.

 

Most Gym memberships are for 12 months initially, and the cost is spread over a defined period, paid (usually) monthly but sometimes quarterly. After the year is up, ongoing membership MAY be on a month to month basis, but it depends on the club.

 

Just because you pay monthly, doesn;t mean that you can stop going and stop paying. Also, the fact that they took payments from your account (and you had to agree to this otherwise how would they know your details?) they are NOT responsible for paying you for any charges you received as they will not be liable for 'consequential loss' which is what you would be claiming for. You are expected to have money in your account, or if you play things close to the wire, it is something you run the risk of, and the DD 'guarantee' doesn't cover this.

 

For a definitive answer, it all hinges on the contract you agreed - NOT what someone said on the phone. So, what DID you sign up for?

[BeaReal]

my contract from july 08 says i am to pay monthly £66.00. where it says "membership type" it is simply written with the name of the place where I got a joining discount from. is says nothing about it being a 12 month contract, just current monthly dues of £66.00 which is why I called to ask intially "when can i cancel this membership?"

[buzby]

Your contract must say much more than that - it should also cover your rights of cancelling, their obligations to you, their use of your data under the DPA and a whole host of things. Look for the cancellation and minimum term clauses. If they are genuinely NOT there, you can safely assume you're not tied to a minimum period.

[BeaReal]

Your contract must say much more than that - it should also cover your rights of cancelling, their obligations to you, their use of your data under the DPA and a whole host of things. Look for the cancellation and minimum term clauses. If they are genuinely NOT there, you can safely assume you're not tied to a minimum period.

 

I'm glad u got me to read more into my T&C. it clearly states that I am on a monthly membership which can be cancelled after the first month is completed. Only error is that they did not put my name and membership number on the top. Basically its just an unsigned T&C form to which I get the impression they will use to their advantage.

[buzby]

Good - at least you have the ground rules! Even though they've not got you to sign the contract, with most likely is the default one - so without any lock in f a minimum term, to ensure compliance, simply put your termination request in writing to give them the relevant notice, and pay off any outstanding fees to include the notice period. You can then (hopefully) avoid any enforced unpleasantness down the line!

[andie_303]

Just double check on those T&C's I used to be a GM for Virgin Active and all contracts were for a minimum of 12 months and then it was a months notice thereafter.

 

I haven't worked for them for over a year so can't say they haven't changed those T&C's but it was def 12 months minimum when I was there except for proveable illness medical reasons