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Mis-sold Total Fitness Gym Membership

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Hello All,


I am new to the Consumer forum and hope someone might be of help. I am a student. During the early summer of 2012 whilst visiting my local Total Fitness Gym (free entry for the day on a friends membership). i was told that a trial offer was currently running for students. having enjoyed the experience - I decided to go for it. i was informed that if for any reason I changed my mind I could cancel without quibble.


My dad (who was footing the trial bill - £29.00 per month by direct debit ) came into the gym with me to sign the direct debit mandate and was also assured that what he was signing for was simply a trial period that could be cancelled at any time.


After using the gym a few times over two or three months I decided not to go ahead with full membership due to the fact that my limited use did not justify the cost. On the last occassion that I visited the Gym I informed the girl that originally sold me the idea of a trial of my wish to cancel the trial for the reasons stated above and was told that this was fine. a few weeks later I received a letter stating that my contract was not cancellable. As a result my dad and I visited the Gym together and were told by a different girl that again this was o.k . My dad was asked to sign a cancellation form which he did.


The girl who originally sold me the idea of the trial, it now appears, has conveniently left the employment of the company. As far as I am concerned, I have been mis-sold a full membership, not a trial as was discussed. Yesterday I received a letter fromTotal Fitness demanding payment of £209.93 in full payment of a full years contract. What is my legal position on this? My dad did not read the smallprint and may well have been falsely conned into signing a full contract -which he was told was simply a mandate for direct debit payments for the trial period - can anyone offer useful advice?

Edited by kaia

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Hi Kaia and welcome to CAG


You need to read other threads here. There are many cases where consumers have been duped or conned into signing up for m/ship, being told they can cancel at any time without problems or penalties.


Then, when they try to cancel, they're told they are in a 12 month contract (or longer) and are obliged to continue payments for the full minimum m/ship period.


At least, in your case, there are two of you who can confirm that the sign-up girl said you could join on the basis of being able to cancel with no problems.


As regards the "legal" position, you and/or your dad signed up without reading the small print which would have alerted you to the minimum m/ship period. However, you did this on the basis of what you were told by the sign-up girl who was acting on behalf of the gym.


Apart from the Direct Debit mandate, did you and/or your dad sign any other document agreeing to m/ship.


What age are you.


You will find letters that I've drafted for other users on their threads which you may be able to use. In your case, I suggest you write to the gym denying that you owe the sum being demanded (£209.93) because you only signed up on the basis of the information provided by the staff member, that you could cancel without problems or penalties.


Get reading ................ :wink:



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