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aderex
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Hello,

 

Here is the deal. Before joining the gym, the company advertise between two options; A pay monthly, no contract 24.99 pound per month offer or a 12 month contract at 19.99 - No more no less. At the end of the 12 month contract Fit4Less decided to keep me charging 19.99 for the 13th month (and so on). I though 'who gives them the right to do so? My contract is finished', so i called my bank and canceled the direct debit.

 

After some time i received a letter from them claiming that they were unable to charge another 19.99 from me (that would be 14th month) I called them, had a chat with the costumer service, they recognized that my contract should of been finished and said that i will receive a call back from the local Fit4less. Never got any phone calls back

 

And today i received another letter claiming i owe them 39.98 for both 14th and 15th month. I called them and now they are saying to me that after contract ends the account rolls onto an automatic 'pay monthly' plan. And that it states in the Terms & Conditions.

 

I understand that this is all legitimate and I will probably have to end up paying this fee, but what about incorrect/false advertising? Because in that case the advertising should state then '19.99 Per month for 12th Month AND then every month after unless canceled' Thus i would be aware of the situation. Am i able to complain/do anything regarding this to avoid this fee?

 

If you go to fit4less website and click on Caspian Wharf center you can see the options available and how they present it

 

Thank you

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Hi Aderex and welcome to CAG

 

You will probably find on your agreement that, although the minimum term was 12 months, it was your responsibility to cancel if and when you wanted. You should have given a month's notice during the last of the 12 months if you wanted the agreement to cease at the end of the 12 months.

 

However, the High Court ruling in The OFT v Ashbourne Mgt Services Ltd in 2011 made clear that cancellation of a DD mandate was adequate notice of your intention to cancel.

 

Offer to pay them a final month's fee because you now realise you should have given notice before cancelling. But point out that the cancellation of the DD mandate is adequate notice of your intention to cancel.

 

See other threads here for suitable letters that offer to pay for 14 days only, after which you will pay them nothing. For example - http://www.consumeractiongroup.co.uk/forum/showthread.php?418403-LA-Fitness-and-ARC-Europe&p=4479524&viewfull=1#post4479524

 

Adapt any letter to reflect your own case.

 

:-)

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Hi Aderex,

 

Thanks for the update but how was it resolved ?

 

Did you offer to pay 1 month and did they accept this ?

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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