Can anyone help? I think my gym mis-sold my contract to me

[Melody4321]

Hi there

 

I signed up for a 6 month contract as a special offer offered online by my gym.

 

I filled out the form and someone contacted me so I went to see them and learn more about the membership.

 

The salesman said that as it was only a 6 month contract I had no need to worry, it wouldn't just run on because I'd just signed up for that time. He said of course, if I wanted to continue when it expired, then I could inform them of that.

 

So when it came up for expiry I wasn't using it so I logged in and checked the expiry date was down as 31.07.12 - it was, just as he'd said it would be.

 

So I logged in the day after expiry to check that my contract had ended, assuming that I wouldn't get access to the member centre, or that if I did, it would say my membership had ended. It didn't. It said £42.99 due for immediate payment. The expiry date remains on their system as 31.07.12, but when I called the gym they said I hadn't given 28 days notice so I would need to pay for an additional month, August.

 

I explained that I felt my membership was mis-sold to me as the salesman had expressly stated that I had no need to worrying about cancelling membership, and that of course I'd have called if I'd realised.

 

I also pointed out that I knew I wouldn't need additional membership as I was moving house - which is why I'd checked that the contract wouldn't run on. They said if I'd told them I was moving back in July they may have waived the month's cancellation but now it's too late as the payment is due - and they said there's nothing that they can do as I agreed online to the terms and conditions and they are what counts.

 

I said that surely they should be more concerned that their sales people are misinforming customers, telling them one thing while the contract says the exact opposite, but they said 'the terms and conditions you agreed to online are binding, that's all that matters so there's nothing we will do'. I pointed out that I haven't used the gym at all since the end date, but they said there's nothing they can do.

 

Now they're saying they'll charge a £40 admin fee if I don't pay up (i'm not sure what for!)

 

What can I do? The gym is LA Fitness.

 

Any advice is very much appreciated as I'm a student and I can't afford all this.

 

Are they right that because I agreed online to the ts and cs I don't have any rights? Surely it's not ok that their salespeople are deliberately misinforming customers?

 

Thanks in advance for your help

Melody

[BankFodder]

The question is whether you have the evidence.

The salesperson's oral undertaking would definitely override the T&Cs but it will be your word against their's.

 

Never get involved in an oral contract without recording your calls - recording the conversation.

[slick132]

Hi Melody and welcome to CAG

 

Can you confirm when you cancelled the DD mandate with your bank.

 

In the AMSL case last year, Mr Justice Kitchin said a member could effectively give notice to cancel in various ways by communication or by action. http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

I assume you didn't inform the gym of this at the time but please confirm.

 

What exactly do the T&C's say about cancelling at the end of the minimum agreement period.

 

Ignore the threats of admin fees being added. These are penalty fees and are NOT enforceable.

 

[Melody4321]

Hi Slick132 and Bankfodder, thanks for taking time out of your day to answer my thread

 

slick132 - I cancelled my direct debit some months ago and had been paying over the phone by card. But they said the money would still have to be paid. The other strange thing is that although they extended the contract because I hadn't given 1 months notice, it still shows the original end date on my account in the online Members Area. That was another reason I assumed I didn't have to do anything. Do you think I have a case?

 

Oh and I should also say - my contract was 9 months long so it doesn't fall under the 12m+ banner

[slick132]

Hi Melody,

 

I think you have decent grounds to argue that:-

 

1. You were told by staff that the agreement would end at the end of 9 months and m/ship would not continue unless you elected to extend the m/ship.

 

2. The online Members Area confirmed the expiry date as 31/7/2012, so you had absolutely no reason to offer them notice of 30 days. You signed for 9 months, the expiry date was marked on their system, end of story !

 

Tell them you signed and paid for 9 months and you'll not pay them a penny more.Tell them you also reserve the right to ignore any further demands from them but you may forward such demands to the OFT for investigation. You'll find letters I've written for others on other threads here.

 

If you've read other threads, you'll know to expect them to continue to press for payment and threaten to add admin charges, take court action, etc, etc. It's just hot air and, when they realise you're not scared and not paying, they'll get bored and move on.