Bannatynes gone wrong!!! Help!

[love bug]

Hi, don't know if anyone can help me resolve this Gym Membership problem i have!! Back in May ( 5 months ago now...) i went into Bannatynes Health club and signed my husband up for the gym. £48 a month. I did this as a gift to him, so he wasn't there when i signed all the paperwork. It was put in his name, but i signed everything in my name.

 

I gave him the gift, but unfortunately, his work hours changed soon after and he is just never here. Works six days a week all hours so he has never been to the gym. I rang Bannatynes 12 days after i took out the contract and asked what their cancellation process was. I was told the contract had to be at least 9 months old before i could cancel it.

 

After paying the fee's for 3 months i rang again, and explained the situation stressing that i could go to the gym in his place and seeing as he had never even set foot in their gym, could the membership be changed in to my name?!! Their answer: NO!!

 

So as it stands now, five months after i signed, we have never been to the gym, we can't cancel it or change the name on the membership. So are paying for something we cant use!!

 

What i was wondering is: Can a contract/ Credit agreement be legal if the person who's name it is in, never signed it? As in our case. My husband's name is on the contract.....and i signed it???? We don't want our credit rating to be affected by just cancelling it?

 

Would be grateful of any advice reallY !!! Thanks x

[slick132]

Hi Love bug,

 

From what you say, I don't think you can reasonably argue unenforceability on the grounds that you signed the contract as a gift for YH.

 

However, you should read the contract T&C's carefully and look for any reference to transfer of the m/ship to yourself. At least then you could derive the benefits of using the gym.

 

If there's nothing in the T&C's about this, write a brief letter to B's Head Office explaining that YH cannot use the facilities. So could the m/ship be transferred to you, particularly as it was YOU that took out the m/ship in the first place.

 

If they remain intransigent after that, let us know and we'll see what more you can do.