Running club membership

[Hayley1210]

Good morning I was hoping some valued advice regarding a situation I am in. I had a taster session with a local running/activity club. After this we were told of we joined within 24 hours we wouldn't have to pay the joining fee. I didn't join but was contacted a few days later by phone to ask why not and was persuaded into joining over the telephone.

 

 

I wasn't informed at that time of any specific terms or conditions or what the monthly fee was because the guy wasn't sure. I was only able to see t&c's after a direct debit had been set up and I received a welcome email at which point the fee would be confirmed. I have not attended the club at all since joining.

 

 

The truth is I'm facing redundancy at work and suffer from a back condition since a car accident which is sometimes fine sometimes painful. At no point was I told that I was signing up to a rolling 6 month contract. I cancelled my direct debit and received several emails threatening dca involvement and small claims court process.

 

 

I re-set the direct debit but again cancelled it when my salary wasn't paid. I am now in correspondence with daniels silverman who have said they have their clients instructions to commence court proceeding and that I signed up to all this when I joined. But I didn't. I didn't join via the website whereby you click to confirm you accept t&c's and none were given over the phone.

 

 

Can anyone advise where I stand on this. Am I likely to end up with a ccj here when in reality I feel like I've been taken for a bit of a mug. Should this company have furnished me with such important t&c's before confirming my direct debit??

Edited May 15, 2014 by Conniff

[BankFodder]

I think that there is very little risk of a court action against you - and if there is then you have a very good chance of success.

 

However, I think that you need to lay out in a bit more detail what you have paid, how long it went on for, how much notice you gave etc. In other words - all the details.

By getting involved with a gym, you have become tangled in the cancellation industry. Gyms make a serious amount of their money form people who get signed up in a moment of lifestyle-madness and then find that they don't use the facility or else they have a change of circumstance. The clubs then make it difficult or expensive to terminate the agreement.

 

Which gym is it?

[Hayley1210]

Hi thanks for reply, I had the taster session early February and haven't paid anything. I never realised I had to give any notice to cancel I just assumed you could cancel at any time. I've never attended either. However in the t&c's received after the direct debit set up I can see a six month rolling contract period plus agreements for added charges for referral to dca and agreements to pay all six months if cancelled a total of £280 plus now dca charges too £360.

It's just a local company energise fit like an outdoor pursuits thing. My argument is that if I had have been told of these particular terms then I would have know. It wasn't for me. A ccj over such a low sum seems silly but I'm really wanting to stand my ground on this

[BankFodder]

Which company?

[Hayley1210]

Sorry it's called functional fitness they're a local place they have a website but no info on t&c's is available unless you log in as a member

[BankFodder]

Can you post a link please.

Also please will you give better details. For instance - how long after you signed up and received the T&Cs, did you attempt to cancel?

 

Also, what reasons did you give? Did you do it in writing? etc

[rebel11]

You would have thought they would have provided T & C's before any payment being taken. The following is suspect:-

 

'I wasn't informed at that time of any specific terms or conditions or what the monthly fee was because the guy wasn't sure. I was only able to see t&c's after a direct debit had been set up and I received a welcome email at which point the fee would be confirmed. I have not attended the club at all since joining.'

[BankFodder]

Frankly - you would have thought that a customer would check the T&Cs before parting company with the money - - but we can't do anything more until the OP posts better details.

 

I expect that there are lots of good arguments - but until we know more there is nothing we can do.t

[Hayley1210]

I made an internet enquiry to complete a taste day and received a confirmation/ reminder on the 14th Feb, the taste session was on the 15th. We were told that if we joined on line within 24 hours of the taster that no admin fee would be charged, a saving of £20.

 

I did not join. I was contacted by telephone on the 18th February to enquire why I had not joined. I was told if I did join they would still waive the £20 fee. I enquired about the cost, but at that time could onyl be told standard monthly cost (I work for NHS and there was a discount) and that as I was NHS I would have a discount. I was on the bus on my way to work at this time, the whole call was rushed.

 

I gave me account details to set up a direct debit and was told I would receive a welcome email later on confirming the monthly amount. I received this email, and being honest did not read the terms and conditions at this stage. I had no idea that I had entered into a rolling contract and had no reason to beleive this. I was led to beleive it was a monthly fee, no indication of any notice was given. This isnt a standard gym its a local thing and I wrong assumed it was a pay monthly thing. First payment was due 15th March. I cancelled the direct debit.

 

Received email stating notice of intended collection which then relayed all t&c's I had agreed to, inclding six months minimum term, together with extra fees for dca transfer. I reinstated the direct debit citing an error as it was at this stage I realised the commitment I was in. Next payment arranged 1st April but again I cancelled this. Direct debit was not reinstated after this point and I have received numerous emails and eventual letter from Daniels Silverman.

 

My job has been in consultation now for a while and redundancy is the likely option for me. I am stupid for giving my bank details, as I fear now that this is a confiramtion that Ive accepted terms and conditions. Even if there were provided to me straight away, there is no mention of any cooling off period.

 

Hopefuly thats enough information to go on, it may just be worth paying it to close the whole thing

Edited May 15, 2014 by citizenB
spacing to make reading easier

[BankFodder]

You still haven't posted the link to the website. Also, you have told us how soon after agreeing the contract, you cancelled.

Di you give them any notice of the cancellation or did you just canceled the DD?

 

It owuld be very helpful if you would answer the questions as your responses might be significant. At the moment, getting the information from you is getting a bit tricky

[Hayley1210]

Sorry if I've been vague. To answer your questions, I joined over telephone 18th Feb cancelled direct debit the 6th March with them contacting me via email on the 10th March with a noctice of intended collection notice. I never cancelled with them direct, as I didnt realise I had to. I will try and post a copy of their link

[BankFodder]

What date did you receive the emailed T&Cs?

 

Still need the link please

[citizenB]

Sorry it's called functional fitness they're a local place they have a website but no info on t&c's is available unless you log in as a member

 

http://www.functionalfitness.me.uk/

 

There seems to be a few of these around the country.. is this the one ?

[BankFodder]

http://www.functionalfitness.me.uk/

 

There seems to be a few of these around the country.. is this the one ?

That's the problem. There are lots of them and we need to know which one. Very sorry to say to Hayley - but this is getting more difficult than pulling teeth.

First asked about the company at aprox 7.00 this morning. We are now about 5 hours down the line, and still no answer - despite repeated requests.

[Conniff]

Have moved your thread to the Gyms and Health Clubs Section.

 

 

Going back to the lack of T&C's, today eon have been sanctioned and the main reason is ".... did not get the key terms of a contract before it was signed."

 

 

Surely that is what happened here ?

[slick132]

Hi Hayley,

 

You won't have to pay any admin fees added for non-payment. They are unlawful penalties.

 

Who is now chasing for payment, the fitness company or their admin company.

 

[Hayley1210]

Good morning, its actually Daniels Silverman chasing the full balance plus admin charges, I denied the sum is due however they are threatening the next step of county court proceedings.

[BankFodder]

Thank you - but what is the gym company? Please can you post a link

[Hayley1210]

http://www.fftraining.co.uk/forces-fit

[BankFodder]

Thank you. T&Cs are actually available through other links on their site. In fact their site is not very well-organised - although at some place they do say that it is still under development.

Here is a link to their T&Cs - http://www.fftraining.co.uk/functional-fitness/membership-tcs.

 

There does not seem to be any general health or safety policy and neither have they published any kind of code of conduct. I would have expected that these would be the minimum requirements for any modern well-run fitness centre.

 

I'm going to say that even though I don't believe that their cancellation and administrative charges are enforceable, I am a bit suprised that you say that having given your bank details for a Direct Debit and essentially made a commitment to join them, that you didn't think that it was necessary to give them notice of your cancellation. Once one has gotten oneself into any kind of contract, it is almost always necessary to give a reasonable period of notice. It is probably also a matter of courtesy.

 

The fact remains that if you breach a contract - as you have done, then you should only be liable for their administrative losses and I think that it is reasonable to tell them - in writing - that you deny that you owe them anything but that if they will send you a detailed breakdown to explain what they say is the money that you owe them, that you may consider it. Tell them that you fully understand that they are only entitled to recover actual losses caused by your decision to cancel.

 

There may be some other arguments but I have to ask you more questions.

When did you suffer your back condition?

Did you bring it to their attention?

Did they ask you about your health at all?

Was there any kind of fitness or health assessment? Was there any questionnaire to complete? Did it contain fitness questions?

[slick132]

Hi Hayley,

 

They are not going to take any court action about this. Silverman is just involved to scare you into paying.

 

The T&C's on the website allow for cancellation on medical grounds but they make no allowance to cancel in the event of redundancy, or relocation. This does not meet the requirements set out when the OFT was in charge of making sure gyms and their admin companies treated customers fairly.

 

Even though you have not been made redundant, the absence of T&C's that allow you to cancel if you lose your job may make the m/ship agreement unenfoceable.