Martial Arts Club - Cancellation help

[Jed8000]

Hi,

 

I've had a read through the forum on here but couldn't see anything quite the same as my wee problem.

 

So I joined a local martial arts club a year ago and no longer wish to attend. I was surprised to be then told by the instructor that I had committed to a 24 month contract that I couldn't cancel. At no point has he ever mentioned this to me before.

 

He has since sent me a copy of the contract (below) which states I can't cancel except for reasons such as relocation, injury or unemployment. None of which apply - I just no longer wish to attend.

 

I feel somewhat conned in this as I was unaware that I was tied to a 24 month period and also he had agreed with me that I didn't have to pay monthly fees by direct debit and could instead pay up front for several months at a time - with a discount. This again gave me the impression I wasn't tied to a certain period.

 

Any advice on where I could take this would be welcome. Am I truly tied to paying this or is the fact that he has misled me and kept this hidden in small print of any value?

 

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[renegadeimp]

Hi. COuld you convert that image to a PDF please, and ensure you have removed any and all personal identifiers.

[Jed8000]

Sure - here it si

[renegadeimp]

Ok. What was the minimum term you signed up for. The T&C's state a min term, but without the actual term you signed for, they mean nothing. There are also some very very borderline unfair terms in that contract.

 

I suspect you can deal with this the same way you can deal with a gym membership. Sit tight and hopefully slick will find this thread and help you out. He has a good few years experience with gyms and the like, so if anyone can help ya, he can.

[slick132]

Hi Jed and welcome to CAG

 

I will go through the agreement shortly before commenting further.

 

[slick132]

Hi Jed,

 

The agreement refers to "the minimum period shown overleaf."

 

Do you have the "overleaf" side of the document. If so, can you confirm if it shows the minimum period as being 24 months.

 

If it is 24 months, I suggest the agreement is unfair to you as a consumer and you can cancel without even giving notice. You can do this quoting the High Court rulings made in the case of The OFT -v- Ashbourne Mgt Services Ltd in 2011.

 

My view is backed by The OFT's interpretation of the High Court ruling, as well as their views on what now constitutes acceptable T&C's for major players in the gym industry.

 

However, it may be more reasonable to offer to cancel and pay one final month's fee for the notice. You could offer this, subject to your offer being valid for just 14 days and them accepting your offer in full settlement of all sums due.

 

Come back about the 24 month part and we'll take it from there.

 

[Jed8000]

Hi and thanks for the replies. Yes it is a 24 month contract so it seems what you suggest may apply.

 

I'll try the polite way first...

[slick132]

Hi Jed,

 

I suggest you don't discuss the matter in person and keep exchanges in writing only.

 

Say you have researched the matter and are aware of :-

 

1. The High Court decision in The OFT v Ashbourne Mgt Services Ltd in 2011 which ruled that gym agreements for longer than 12 months are unfair to consumers.

 

2. The OFT crackdown on gym agreements in 2013 which requires gym agreements to treat customers fairly.

 

Say you now know you can cancel without any notice period or further payment.

 

However, you are willing to pay one final month's fee, as long as they agree to accept this in settlement of all amounts due under your m/ship agreement.

 

See here for a letter that you can take some wording from about making them a 14 day offer - http://www.consumeractiongroup.co.uk/forum/showthread.php?417354-Gym-Membership-cancellation-that-was-not-accepted&p=4467475&viewfull=1#post4467475