Colocoquillo - Problem with Total Fitness

[colocoquillo]

Hi,

 

Please some help here. Im spanish so im going to try to make my self comprenssive.

 

i have been for more than a year subscribed to Total fitness but due to an operation that my father is going to have i cant aford this anymore, seriously i cant.

 

So 2 months ago i go there and tell them i have to cancel my subscription so i did it and i sign something and just leave the gym. Next month they charge me the 40£ again so i went there and they guy in reception told me this was due to i have to give a month before they cancel it, it means i done it on the 12th so I got charged one more month because of that... really not happy i assume that was how it needs to be and that guy ensure me they would not charge me anymore.

 

this month the 40£ hit my account again. i tried to speak with them and they say they cant find any clues about my cancelation on the first time. so after arguing with them for 20 min they dont want to give me my money back from this month, im not even asking the money from the first month.

 

they say with out document i cant do it, im sorry but i cant find the copy i signed first time (it was 2 months ago and i didnt think i would really need that). I try to tell them that if past month the guy on reception instead of tell me they are not going to charge you anymore he tell me that the cancelation wasnt in place i would make a cancelation process inmedietly which will result in not having to pay this month but they refuse to accept that as their fault so, im now ina bad situation as i have to pay my father operation and a really expensive treatment and i really cant aford this...

 

please give me some advice about what to do... im desperate... i was literally on tiers infront of the gym manager beging for a solution as this is clearly not my fault and out of my hands... and he just want money and comissions that is all he think about...

Edited June 6, 2012 by slick132
Paragraphs used to make post easier to read

[poza78]

First cancel your direct debit if you don't have a direct debit then cancel your debit card, you will be issued with a replacement with a different expiry date, speak to your bank too for advice. Contact head office and see what they say too. I refuse to sign up for any gym membership now, I paid 12months in advance for my leisure centre gym membership.

 

Contact the Financial Ombudsman service too they may help you get your money back.

[colocoquillo]

I know i can tell my bank to reject that payment and send me the money back, but... Wouldnt i get in to a big trouble with the gym and end up going to court for not paying? I dont know the laws here in the UK and i feel hands tied...

[poza78]

I've done it before with virgin and as long as you're out of contract they can't do anything - check out another post http://www.consumeractiongroup.co.uk/forum/showthread.php?121539-Total-Fitness-Cancellation

[slick132]

Hi Colocoquillo and welcome to CAG

 

Cancel the Direct Debit Mandate immediately by writing to your bank. See my letter below that you can use.

 

Also, tell the bank that the Gym have taken an extra £40 from your account AFTER the Gym membership was cancelled. Tell the bank you want them to reverse this payment so the £40 is refunded to you. Put this in writing and take it to your bank. Keep a copy of the letter for your records.

 

Gym companies have a habit of "losing" cancellation documents.

 

The Financial Ombudsman's Office will not be of any help to you with this problem.

 

Use this to write to the bank :-

 

Dear sir or madam,

 

Direct Debit to Total Fitness Gym

My account number: xxxx xxxx

 

Please cancel the Direct Debit in favour of Total Fitness Gym immediately.

 

I cancelled my membership with the gym by completing their form and leaving it with them on xxth April 2012. The last payment they should have taken was in May for £40.

 

However, I now see that they took another £40 this month (June) which they had no right to do. When I contacted the Gym about this, they say they have lost the form and have no record of my cancellation.

 

Please therefore reverse the last £40 payment as per the Direct Debit Guarantee Scheme as I cannot afford the extra payment that they took without authority.

 

Please reply in writing to confirm that the payment has been refunded to my account.

 

Yours faithfully,

 

Colocoquillo

 

 

 

You should also send the gym this letter by Recorded Delivery post :-

 

Total Fitness Gym

Address

xxxxxxxxx

xxxxxxxxx

Poscode

 

Dear sir or madam,

 

I called into your gym on xxth April 2012 and filled in a cancellation form.

 

You took another £40 in May and when I spoke to the gym about this, I was told one month's notice had to be given and no more Direct Debit payments would be taken.

 

You then took another £40 from my bank for June and, when I contacted the gym, I was told you had no record of my cancellation.

 

I have since discovered that gyms have a reputation for "losing" cancellation forms. If you have "lost" the cancellation form, that is your problem and not mine.

 

I have therefore complained to my bank and told them to refund the £40 taken this month through the Direct Debit Guarantee system.

 

I owe you nothing more and I expect the £40 to be refunded quickly.

 

Yours faithfully,

 

Colocoquillo

 

 

 

Do not worry about cancelling the Direct Debit - the gym can really do nothing about this. You won't get into "big trouble" but the gym may write to you and complain. If they do, let us know and we will help you as necessary.

 

The gym will not take any court action about this.

 

Let us know how the bank and the gym reply to you.

 

[poza78]

Thanks Slick, I was hoping someone more knowledgeable would join this thread, unfortunately gym memberships should come with a Health Warning these days

[slick132]

Yes, trying to leave a gym is not without it's risks mentally and financially.

 

I forgot to say above, this new thread has been created for Colocoquillo's case.