No signed contract and being chased! Nuffield Gym

[minski]

I was wondering if anyone could help me with a problem I am fighting with Nuffield Health Gym.

 

At the end of October 2011 I went to Nuffield Gym with a friend to have a look around, they took our details and gave us 3 day trial passes. We used the passes once or twice and then thought we'd join. One of the membership staff emailed me with a special offer (signing fee then nothing till Jan 2012) to join by a particular date. I then gave my bank details by email and paid the joining fee over the phone.

 

About 4 days after that an injury of mine flared up so I emailed saying that I wouldn't be proceeding with my membership as I wasn't sure when I could train again. Other than the 3 day passes I did not once go to the gym, sign anything including direct debit mandate or terms and conditions or have any terms read to me over the phone or given by email.

 

They took a payment in Jan for that month and then I cancelled my direct debit thinking I needed to cancel it my end. I didn't get around to ringing them for that money back, then in Feb I was contacted saying I owe the Feb membership. I questioned them about the email I sent and they said they never received one and that I owe the money till Nov 2012 as stated in the terms and conditions.

 

Unfortunately I have a new computer so I can't even get that email I sent originally. I have asked them to send me proof that I joined and they keep countering that by asking for the cancellation email I sent.

 

Now I have been contacted by a debt collection agency acting on their behalf to get the owed funds.

 

Help?

[cerberusalert]

Send the debt collection company this http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt & see what they come back with, you may then need to send them a CCA request later.

[assisted blonde]

Hi

Just to clarify a contract does not have to be in writing, by giving them your details over the phone etc you did enter into a contract with them. On the membership conditions did it say anything about the terms for cancellation? write to them again stating that you thought you had cancelled but also making it clear that regardless of anything else you are cancelling now. if they are a major gym then they will also have a head office copy them in on the letter (send a hard copy not an email) you could also send a copy to the DCA. Hopefully they will see reason and cancel the claim for the full year.

[minski]

I have just been digging around for emails and I have found I didnt even sign up by email I only emailed my account details for the DD and the lost cancellation but the rest was done by text in which he kept saying then come in and sign the paper work during the joining text conversation (mental all by text I know). I have never been giving or even shown any membership conditions. Does this still mean I have entered into a contract?

Edited March 15, 2012 by minski

[slick132]

Hi Minski and welcome to CAG

 

If you didn't sign up in the gym itself, you may be protected by The Consumer Protection (Distance Selling) Regulations 2000. See here - http://www.google.com/url?q=http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf&sa=U&ei=XINiT7WvLoWm0QWLzLSxCA&ved=0CAYQFjAB&client=internal-uds-cse&usg=AFQjCNGbS3YhaKD6QZOk2xF_Z5Eiw0a9qQ

 

If I recall correctly, when you sign online or join by phone, the supplier has to send you full details including terms and conditions within a set time.

 

If they have failed to do this, the contract may be void. You'll have to read up on it to see which reg'ns cover this.

 

The gym's admin company will probably send you more demands and threats of all the terrible things they'll do to you. Most of it is hot air !!

 

If you do the research using the link above, and identify the relevant reg'ns, we can draft you an appropriate letter to send to them. It won't shut them up straight away but they'll soon realise that you're not an easy target. So they'll move on to weaker prey.

 

[stu007]

Hi

 

just an suggetion whether you signed the contract or it was done online surely you should have a 7 days cooling off period in which you can cancel. I may be way off with this as other caggers will advise but just a suggestion.

[locutus]

Hi

 

just an suggetion whether you signed the contract or it was done online surely you should have a 7 days cooling off period in which you can cancel. I may be way off with this as other caggers will advise but just a suggestion.

 

Spot on I'd say. If you canceled within 7 working days, and you agreed to this away from their premises, they don't have a leg to stand on. I would write 1 letter stating either what slick said (I have not received any T&C which the distance selling regulations acts states you are duty bound to send out...etc) of if you canceled within 10 days which it sounds like (As my application was done over the internet is it governed by the distance selling regulations act, and so I have the right to cancel without penelty...etc).

 

Hopefully that will be an end of it. (but hope in your left hand and poop in your right, and the right hand generally gets full 1st)

 

I would say tho that being completely in the wrong rarely stops admin companies writing and phoning. Personally, I would either have a right good argument with them, (which results in me saying "so take me to court then") or ignore them. Ignoring is probably the fastest way to get rid, Arguing can be the most fun if done correctly