Gym contracts

[DOTTY PRINCE]

I would like advice on a problem i have cancelling a minimum 4 month membership contract with curves gym.

 

When i rang mca they state that i have to give 30 days written notice after my membership of 4 months expires.

 

I joined on 12th march 2012 paid £34 up front and gave my notice on 11 june 2012 as a payment was due.

 

Mca are saying they need another payment in july and that would be my last payment.

 

Now i feel they have had 5 payments out of me if i pay july's fee and yet i joined for 4 months.

 

Do not understand there terms and conditions..

 

please help.

 

Thank you.

[slick132]

Hi Dotty prince and welcome to CAG

 

I have removed the copy of this post from another thread, so your case is dealt with in just one thread. Use this one from now on please.

 

If you read other threads here, you'll see just how many gyms and their admin companies make it difficult for members to cancel their m/ships.

 

I suspect that MCA are wrong in saying you can only cancel with 30 days notice AFTER the minimum 4 months m/ship expires.

 

You are quite right to give them notice to cancel on 11th June so the m/ship expires at the end of the minimum 4 month period. Did you give notice to the gym in writing or in person.

 

Don't deal with this by phone at all - keep everything in writing only. Send the gym the following letter by Recorded Delivery and send a copy to MCA by normal post :-

 

Dear sir or madam,

 

4 month gym membership

 

I refer to my membership which started on 12th March and is due to end on 11th July.

 

I gave verbal/written notice to end the membership agreement to the gym on 11th June.

 

MCA are saying I can only give notice after the minimum membership period expires and that I must make a further payment in July.

 

This would mean I have to pay for 5 months membership and this was not what I agreed to.

 

Kindly ensure that MCA are aware that my agreement with the gym ends on 11th July and that I owe you nothing beyond that date.

 

If I receive any demands from MCA for further monies, I shall hold Curves gym jointly responsible in the matter.

 

Yours faithfully,

 

If MCA try to call you, tell them to put anything they have to say in writing as you will not discuss this by phone. Then hang up.

 

Let us know what response you receive.

 

[DOTTY PRINCE]

Hi there

 

thanks for your advice. Yes I did call into the gym and gave my written notice on June 11th with my contract. I passed the letter and contract to the Manager and she said I would still pay one more payment in July and that would be the final payment. I didnt agree with her and said if she would speak to her Manager? She told me she would and get her to ring me!..I havent had any call from any of the staff in Curves about this.

 

I then range MCA in Northampton and they also said they need one more payment in July also and that if it isnt paid there is a £12.50 admin fee for missed payments. I was totally shocked and angry and to be honest they sounded like they were not interested in what I had to say?

 

What do I do now as the Manager has taken the contract off me and I only have a copy on my pc.

 

Dotty

[DOTTY PRINCE]

Here is the copy of the contract?

[slick132]

Hi Dotty,

 

The doc'ts above are too small to read. See here for a guide on how to repost the documents properly - http://www.consumeractiongroup.co.uk/forum/showthread.php?214191-HSBC-solicitors-northampton-claim-help-pls&p=3808613&viewfull=1#post3808613

 

Don't worry about the threat of them adding admin charges to what you allegedly owe. Such admin charges are penalties and are not enforceable in law.

 

Send them the letter I drafted above but adapt it as necessary to reflect your own case.

 

[DOTTY PRINCE]

First image removed as personal details visible including name, address, email address and phone number !!

 

Terms and conditions.doc

Edited June 19, 2012 by slick132

[slick132]

Hi Dotty,

 

I've removed the 1st image from your above post as all your personal data was showing.

 

Although it's strangely worded, you are entitled to cancel your "Regular Membership" at the end of the minimum period. They say at Para 4© in the T&C's that "you may terminate this agreement to the end of or after the expiry of the Minimum Period by giving us (30) days notice."

 

Have you sent off the letter yet.

 

[DOTTY PRINCE]

Hi Slick132:-)

 

I have sent another letter to the gym by recorded delivery and MCA in Northampton by normal post. Lets see what response I get and any calls from them I will not speak to them but like you advised to have everything in writing. I will never join a gym again as this happens alot when I want to cancel either due to financial difficulties or to end the contract.

 

I will notify you on this thread of any come back.

 

Cheers Slick132:-)

[slick132]

Thanks Dotty and let us know how they respond.

 

[DOTTY PRINCE]

MCA RESPONSE.doc

 

Hello Slick132

 

today, I received a letter from MCA regarding my membership....I have attached for your advice.

 

It states in the letter I need to give two months notice of cancellation and yet in the t&c it states 30 days written notice? Now am I thick or what or is someone pulling the wool over my eyes here

 

What is going on with MCA...can they get away with this or do I have to pay another payment in July?

 

Please help I am

 

Dotty

[slick132]

As usual, they are trying it on. I love the fact that they'll welcome you back in the future - FAT CHANCE if this is how they treat their gyms' members !!

 

I suggest you respond as follows:-

 

Dear sir or madam,

 

I refer to your letter dated xxxx.

 

The T&C's on my membership agreement clearly state that I could give 30 days notice to end the agreement at the end of the Minimum Period.

 

This is exactly what I did and I will not be paying you any more, nor will I communicate further with you regarding this matter.

 

Any further demands will be treated as harassment and will be referred to the OFT.

 

Yours faithfully,

 

[DOTTY PRINCE]

Slick132

 

I have completed the letter you have drafted for me and I shall post it today?

 

Can I ask should it be normal post or recorded delivery? Are MCA able to give me a poor credit scoring in the future?

 

Many thanks:-)

[slick132]

After the High Court case last year of the OFT v AMSL, gym admin companies should be very wary of posting adverse credit data about gym fees. http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

Use normal post. It's normally gym cancellation letters that gym admin companies "tend to lose" !!

 

[DOTTY PRINCE]

ok I will do that and keep you posted

[DOTTY PRINCE]

Hello Slick132

Sorry its been a while since I contacted you only I have been awaiting the reply from Curves Memebership Collection Agency.

I wrote to them as adviced by you that I had no further payments to pay after my 4 month contract ended after giving them 30 days writing notice, stated in the T&C.

I never heard no more until today they have sent me a reminder of payment (see attached letter) of payment not received plus added admin fees.

 

Am angry that they never wrote back when I sent them a letter on 26th June 2012. (see attached)

 

I cancelled my d/d once I sent this letter as it was due to come out on the 15th of the month.

 

Please advice

admin fees.doc

reply to MCA.doc

[slick132]

Hi Dotty,

 

If they don't have the decency to acknowledge, or reply to, your letter - ignore them !

 

They'll continue to pester for a while but, hopefully, when they realise you're no soft target, they'll go pick on someone else.