Is this grounds for me to cancel my gym membership? (Fitness First help needed)

[creamhorn]

I have a 4 month contract with fitness first which expires in 3 months. The terms and conditions state:

 

During the minimum contract period of membership, you are unable to cancel your

membership, other than i) where we are in material and continued breach of contract;

or ii) due to genuine and relevant medical reasons (supporting professional

documentation must be supplied). We will refund membership fees paid In respect

of the period from the date of the final breach If i) applies or the date the medical

practitioner signed the certificate or the date notice was given by you (whichever Is

later) If ii) applies provided you have not used our services during that period and

subject to us retaining a reasonable administration fee If you terminate on medical

grounds.

 

For the full contract details google 'fitness first terms and conditions' and click the first result (I would post it but I cannot post links as I dont have a high enough post count)

 

They took the first payment from me recently (I know its them as I haven't used the card for anything else ever - it's a new account). However they have overcharged me, based on my agreed contractual monthly fee. Since joining I have read horror story after horror story based on big corporate chain gyms, so I want to get out whilst I can.

 

It hasn't cleared yet so Nationwide can't refund me as technically the money is still in my balance, it's just not available to me. As soon as it clears I plan to use the direct debit guarentee to reclaim the money. I will then cancel the direct debit with fitness first and stop using the gym.

 

Is it legal for me to do this, as it is a reaction to their breach of contract. Should I send a letter to head office detailing why I am reneging on the contract inside of my 'minimum contract period'? Hopefully doing this will make them strike me off their records, and they wont try and send any debt collectors after me when no more money comes their way. What should the letter say? Should I also speak to the manager at my local club? I need to get back my deposit - due to be returned after I visited 20 times (I've been 15 times, but surely as they have breached the contract they are obliged to return my deposit?)

 

Thanks in advance

[MrShed]

I doubt that Fitness First, or the law, will find it as being a material and continued breach of contract that they have overcharged on one occassion. I would have said almost certainly it is NOT grounds for cancellation.

[creamhorn]

I doubt that Fitness First, or the law, will find it as being a material and continued breach of contract that they have overcharged on one occassion. I would have said almost certainly it is NOT grounds for cancellation.

 

If so, is it possible I could get out of the contract due to the fact I was 17 when I signed (I am 18 now though)?

 

Joining

1.1 Members must be aged 18 years plus or 16 years plus with signed parental consent

 

In their terms and conditions. What would be my best course of action? I want to have my membership stricken off their records so I have no risk of them sending debt collection agencies after me. I also want to reclaim my deposit and I will be using the direct debit guarantee to get back the overcharged first payment they took.

 

In a letter to head office could I use 1. entering a contract with a minor without parental consent and 2. overcharged based on agreed monthly payments as proof of 'continued breach of contract' on their part? I will talk to the manager in order to reclaim my deposit.

 

Many thanks

[MrShed]

That almost certainly makes the contract unenforceable, yes.

[creamhorn]

That almost certainly makes the contract unenforceable, yes.

 

Good to hear. Will a recorded delivery letter like this to head office end all my ties with Fitness First?

 

 

Dear Sir or Madam,

 

I am writing to cancel my membership (membership no: XXXXXXX) with Fitness First on the basis of material and continued breach of contract on the part of Fitness First, which the contract terms state is appropriate when still within the minimum membership period.

 

Firstly I was allowed to sign the contract without parental consent by a member of your recruitment team, which violates clause 1.1 of your own terms and conditions. I feel the recruiter rushed through the joining process in order to secure his commission. I have been advised that the contract is unenforceable due to the fact it was made with a minor.

 

Secondly, on my first payment due on the 15th of July I was overcharged. I was charged what appears to be your highest monthly rate, despite being assured both verbally and in my contract that I would be charged a much lower student rate. Staff at my local branch were unhelpful in my attempts to amend this. I have used the direct debit guarantee to retrieve my funds and have instructed my bank not to allow Fitness First to order any further direct debits.

 

As I didn't fulfil the requirements to get a refund of my initial deposit, I accept that this is forfeit. I feel it adequately covers the month of use I did get from the gym, due to it being higher than the monthly rate to which I agreed.

 

I expect to receive a written response confirming the cancellation of my membership with Fitness First. I do not expect Fitness First to take any further measures, be it through my bank or through a debt collect agency, to procure any more funds from me.

 

Yours faithfully,

 

Creamhorn

 

 

Should I add or remove anything from that letter? Thanks a lot for your help, I have very little experience in dealing with matters like these.

[MrShed]

Sounds OK to me.

[slick132]

Hi CH,

 

As MrShed has said, any contract made with you when you were a minor is invalid.

 

Out of interest, did you have to supply your DoB and did you state it correctly.

 

If you've read other threads here, you'll see that FF, like other gyms and admin Co's have a habit of not making cancellations simple.

 

Good luck and keeps us updated.

 

 

PS - Not being patronising but it's good to see such a well-written letter from someone of your age. Not a single bit of text-speak or abbreviations. Very refreshing !

[creamhorn]

Yes, I gave them my correct date of birth. The sales rep glossed over my being underage. Will keep you all up to date. I'm hoping that letter will be the be all end all and I'll just get a response confirming the cancellation and apologising for the errors on their half.

[joelon]

I have a similar problem that I want to discuss! Can anyone tell me how to start a new thread?

[slick132]

Hi Joelon and welcome to CAG.

 

The thread you started in the banking forums has been moved to the gym forum - use that to discuss your case further.

 

[creamhorn]

Update: It seems Fitness First took the payment by visa transaction rather than direct debit, which is yet another breach of contract on their part. Because of this I can't claim the money back in 1 day using the direct debit guarantee, I've had to fill out a visa dispute form with my bank.

 

Does anyone have any experience of these? In the form I detailed the breach of contract by Fitness First as well as mentioning how the contract is unenforceable, so I'm confident I'll get the money back. Annoyingly the woman at the bank said it'll take 7-10 days.

[MrShed]

I would be tempted to cancel your card and request a new one to stop them taking further payments.

[creamhorn]

I should wait for my money to be returned to it then do so, no?

 

Also, I did just notice this in the FF terms and conditions:

 

In order to qualify for any discounted membership options you are required to supply

evidence of your eligibility. A list of acceptable evidence can be obtained from us.

Initially you may be charged the full membership rate and this will be reduced at the

first Direct Debit date falling 30 days after your evidence has been provided.

 

It does say I may be charged full membership rates at first, but I think I will still get my money due to the verbal agreement, charging me using an incorrect method, and the fact that the contract itself is unenforceable.

[slick132]

Hi CH,

 

The only thing you need to rely on here is your age when you signed up.

 

They were aware that you were technically a minor but they chose to ignore this.

 

Have you confirmed to the bank, on the dispute forms, that you were a minor when you agreed to the contract.

 

If the bank doesn't refund the amount for you, you may have to pursue the refund with FF direct but we can deal with that when necessary.

 

[creamhorn]

Yea, on the dispute form I wrote "I have been advised that the contract is not legally binding and is unenforceable due to the fact it was made when I was under eighteen." Amongst other things (detailing overcharge, how they used incorrect method of payment etc)

[slick132]

HI CH,

 

This is why I think you need to stick to the age factor.

 

It's usual for gyms to take the first pay't by debit card on joining.

 

And the business about the amount of the payment is not such a strong argument, given their explanation.

 

See how the bank responds.

 

Also, because of your age when you signed up, I think it is wholly reasonable that you demand back ALL monies taken including any deposit.

 

[creamhorn]

I sent the letter to head office today saying I accept the deposit is forfeit. I'll try and get it back after this initial dispute is sorted.

[slick132]

Maybe just write off that amount and put it down to experience.

 

[creamhorn]

Yea probably, I did use the gym 5 times a week for a month anyway. Glad I had this experience really, will be much more careful when going over contracts. Will definitely not join a corporate gym ever again!

[creamhorn]

Update: I recieved a response from Fitness First.

 

 

Dear Creamhorn

 

I am writing in response to your recent letter regarding the cancellation of your membership.

 

Please accept this letter as confirmation that your account with Fitness First will be cancelled at the end of July 2011 and no further payments will be collected from your account.

 

I would like to take this opportunity to thank you for your time with us, and wish you all the best in the future.

 

Yours sincerely

 

 

XXXX

 

 

Glad that part is done. Just waiting on Nationwide to finish the visa dispute.

[slick132]

Crikey !! Wish all our gym problems were that simple.

 

Glad to hear this is sorted.