Gym Contract

[tezzaa61]

Hi,

 

I joined a gym 6 days ago and having re-read the contact I'm not very happy with

it.

 

I'm presuming I may not have the right to cancel but would like any advice offered.

 

The reason I joined the gym was that it was suggested by my GP, as I'm suffering from depression and on ESA. When I went in and joined I wasn't really in a great frame of mind but that's not an excuse for me signing the contract.

 

I signed up for a 36 Month Membership at £15/month, it was reduced from their normal rate of £30/month and I though that I would be able to cancel after 12 months (with 30 days written notice) without problems, as the guy said I was committing for a minimum of 12 months.

 

I've re-read the terms of the contact and if I cancel at month 13 I'm required to pay the difference between what I had paid (12x£15=£180) and what I would have paid at full price (13x£30=£390) so that would be £210.

 

It seems a very bad deal and I'm not sure I can now get out of it, its 6 days since I signed it and the bloke at the gym made sure I signed the front and back of the contract on all pages. I also paid a £70 membership fee.

 

Any advice would be helpful.

 

Thanks

[Bazooka Boo]

You will have a cooling off period, it may well only be 7 days? So you'll have to act quick.

 

If you're unhappy, then cancel it.

 

Which Gym is this?

[tezzaa61]

You will have a cooling off period, it may well only be 7 days? So you'll have to act quick.

 

If you're unhappy, then cancel it.

 

Which Gym is this?

 

Hi, it's just a small gym called Yates Evolution Fitness Studio in Bedlington, Northumberland.

 

I'm trying to call them now. So you think I may well have a 7 Day cooling off period,

I looked to see if that was mentioned on the contact but its not, although someone

told me they though that was part of contract law, but not sure.

[tezzaa61]

It's OK, just spoke to them they will cancel and refund my £70 and cancel my DD

 

Thanks for your help!!!

 

Cheers!!!!

[Bazooka Boo]

YAY!!! Brilliant, excellent news well done, make sure you check your bank and cancel the DD your end too!

 

[tezzaa61]

Hiya,

 

Checked my bank and even though I gave them my CC and they processed the refund, it's not showing.

So I'll check again in the morning and if still not credited I'll get straight back onto them.

[Bazooka Boo]

It might take some time for it to show in your account, just be sure you cancel the DD your end also, good news !

[slick132]

Hi Tezzaa,

 

If you joined AT the gym, there's probably no cooling off period.

 

However, if you signed a 36 month contract, it will be unenforceable as it will be regarded as unfair according to the investigations made by The OFT. This followed the case of The OFT v Ashbourne Mgt Svs Ltd.

 

The only exception is if you actually signed a 36 month credit agreement, for instance, with a company called Ashburn Finance Svs (who have no connection with Ashbourne Mgt Svs Ltd).

 

Can you confirm if there is an Admin Company that handles the admin on behalf of the gym. When we know who is involved, we'll have a better idea about whether you can trust them to refund.

 

Unless you have the cancellation agreed to in writing, saying they'll refund in full with no deductions, you should treat the matter with caution.

 

Keep checking your bank a/c over the next few days and give us answers to my Q's.