Trying to leave LA Fitness

[AdamPomeranian]

Dear Consumer Action Group,

 

Last March I cancelled my £47 per month direct debit with LA fitness. I signed up last May (2013), when I recall that I was told I'd have to pay until October 2013.

Before I cancelled my direct debit, I called their phone number and the man told me that my contract lasts until October 2014, something I never knowingly agreed to.

In 5 days they'll apply the "late repayment charge" of £40, and I assume in 19 days the debt collectors will be engaged.

Tomorrow morning I'll go in to the branch to request a copy of the terms and conditions that I signed with them 10 months ago and a guarantee on paper that my contract with them ends in October. However I have read on the internet that LA Fitness does not respect such agreements, and extend contracts without customer permission, something I feel has already happened to me.

My father says it's okay for me to keep paying until October when the contract allegedly ends, he'll help me out in paying it, but I don't want to lose £300 or more if I'm not using the gym.

What can I do? Is standing my ground an option? Should I let them send in the debt collection agency?

 

Many thanks,

Adam

[rebel11]

Hi Adam

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[slick132]

Hi Adam,

 

Don't worry about them applying a Late Pay't Charge or admin fees. They are unenforceable penalties and you should not pay them. Also, the "debt collectors" they normally use are ARC (Europe) and they have no authority and no powers to do anything.

 

If you don't have a copy of the m/ship agreement, do as you say and go to the gym asap. Get a copy of the agreement and check if it's for 6 or 12 months. You could also ask them for an explanation if the agreement is for longer than you were originally led to believe.

 

Don't get involved in an argument at the gym - they will be unable and/or unwilling to help you.

 

Also, from now on, keep all communications with the gym head office in writing only.

 

Let us know what you find out from the gym and we'll take it from there.

 

[AdamPomeranian]

Hi slick132, thank you for your reply.

 

I paid the £47 I owe, for now, at the behest of my father. He said that if I default on a direct debit, the debt collection agency or LA Fitness can put me on a credit blacklist, which will create problems for me getting a mortgage in the future. Is this true?

 

"Get a copy of the agreement and check if it's for 6 or 12 months. You could also ask them for an explanation if the agreement is for longer than you were originally led to believe."

 

They didn't provide me with any forms, the lady said that I should contact LA Fitness to get them. Should I call them or email them to request copies of my agreements?

 

Thank you for your help, I have an engagement until the 23rd but will reply after then.

Adam.

[slick132]

Hi Adam,

 

Contrary to YF's suggestion, experience here over the years suggests your this matter is not likely to affect your CRA files. I would not, at this stage, have recommended paying them any more. However, it's paid now, so let's move on ...........

 

They didn't provide me with any forms, the lady said that I should contact LA Fitness to get them. Should I call them or email them to request copies of my agreements?

 

Did you visit the gym today ? Is this what the the lady at the gym told you today ?

 

[chicagolondon]

Adam, sorry you're going through this. Unfortunately you're one of many I've found since having issues with them myself.

 

I would suggest contacting Citizen's Advice ([email protected]) outlining exactly what happened. They will contact the proper authorities about this abuse of "power" that they hold and also be able to give you some really great advice on how to proceed. While you may have unknowingly signed something, what they verbally state to you is also binding. They have a responsibility to allow you time to read what you're signing and if they told you something different, they cannot hold you to a contract that states otherwise. To offer something that they cannot or will not provide, causing you to make a financial transaction that you otherwise would not have, is illegal (Consumer Protection From Unfair Trading Regulations, 2008) and you have rights.

 

I am currently going through a similar situation, although they stated that they would provide services that they could not provide and also told us that prices would go up if we didn't quickly join (they went down). I was advised by Citizens Advice to contact Corporate, in writing, which we did (along with many calls and visits) and gave them time to rectify the situation (cancel & refund). They agreed to cancel, but not refund so we're taking them to the courts. It's easy and done online and you can recoup the money you pay to file (25 gbp).

 

Don't even try to deal with the #$%'s on the phone. They are truly frustrating and really cannot help at all. The people at the gym itself are also without any power whatsoever and gave us conflicting information every single time we spoke. You must handle this in writing via certified mail (if you're demanding something) or via email to get a paper trail.

 

In addition, UK Active is supposed to hold them to a Code of Practice and I'd let them know what's going on so they can help.

[slick132]

Hi Chicago and welcome to CAG

 

Please feel free to start your own thread. Maybe let us know a bit more detail about your situation and whether you take court action.

 

[chicagolondon]

I'll do that! If I had read things like this before joining, it would never have joined and had to deal with all this!

[AdamPomeranian]

Hi.

 

Thanks so much for your help again. I thought I would explain what has happened so that it might help anyone with the same problem in the future.

It seems that LA Fitness has given up on pursuing me. There's no evidence that they have engaged any debt agencies.

After my last post, I paid the £47 they said I "owed" for April, so in total I paid £94 I didn't need to pay.

Then of course into the summer they started sending me the letters again, pay the late payment fee, pay your subscription or they will engage a debt collector's agency.

This never happened, they sent some letters that sounded a little apologetic saying they'll remove the late payment fee if I just resubscribe. I didn't.

Then in late August I changed my address and haven't kept in touch with them. I have heard nothing and they never announced engaging a debt agency.

 

I hope this adds to your existing experience with customers dealing with LA Fitness. Thanks again for your help.

[slick132]

Hi Adam and thanks for the update.

 

Did you ever find if this was a 6 or a 12 month agreement ?

 

[AdamPomeranian]

No, I didn't and I haven't tried to

[slick132]

Hi AP,

 

Hope that's the last you hear from .................