Total Fitness - Membership Cancellation

[linik]

Hi,

 

I have a gym membership at the Altrincham Total Fitness gym active from October 2014.

 

 

I went to the gym and spoke with an assistant a few weeks later and

I showed him my student card asking to switch to student fees.

He said it will not be a problem and he will process it.

 

 

After the next payment came out,

I saw i was still on the regular fees and

 

 

when I asked if there is a problem,

he said the manager has not been in since and will check it on the following week.

However, I just had a look at my bank statement and it seems that the last payment from 02/01/15 is still at regular fees.

 

On the 31st December I moved house - from Lymm to Manchester,

however at the time of joining the gym at Altrincham was the closest one to Lymm (hence my choice)

which is no longer true as there are a number of other clubs around me within walking distance.

 

 

I have emailed the club asking to cancel my subscription as I cannot afford paying the higher fee

plus traveling all the way to Altrincham and have also provided them with proof of address.

 

 

Their reply was that the cancellation has been denied because I am still within 15 miles radius

(they also helpfully provided me with a list of gyms, the closest of which is indeed Altrincham at 7 miles distance).

 

Is there anything I can do to terminate the contract?

 

 

I depend entirely on myself financially,

I am paying for a masters degree,

rent and bills and everything else on my own,

already struggling with overdraft and

I cannot afford going all the way to Altrincham on a regular basis?

 

Thank you in advance. Any help will be appreciated.

 

- L

[slick132]

Hi Linik and welcome to CAG.

 

You asked to be given a student rate in October or November and they agreed to action this. However, they have failed to act within a reasonable time and have continued to take fees at the full rate. One could argue that they have failed to properly administer you gym membership and that you want to leave immediately as a result.

 

You could consider telling the bank you require a refund of the DD's that continued to be taken at the higher rate but don't do this yet.

 

Also, the strict mileage criterion about cancelling because you move too far away from the nearest gym can be challenged. For instance, a 7 mile car trip to the nearest gym is not too bad compared to a 7 mile journey by bus(es).

 

Please confirm when you last used the gym facilities.

 

[linik]

Hi,

 

Thank you for the reply!

 

I last went there at the end of November, as I was away for the Christmas holidays and had to move house right after that.

 

I have looked on their web site but cannot find a telephone number of the head office. Would anyone who knows it be able to give it to me, please?

 

Thank you again.

 

edit: typo

[slick132]

Hi Linik,

 

You don't need, and should not use, a telephone number. Keep everything in writing only and, if the gym or their admin people call you, tell them to write and then hang up. Speaking on the phone will get you nowhere and you need proof of all that is said, and when. That's we always say, "in writing only".

 

Ok, so you used the gym in Nov'r. Please tell us :-

 

1. On what date the gym normally took your DD each month.

 

2. On what date you sent them a cancellation email.

 

[linik]

Hi Slick,

 

Thank you again!

 

I did not ring, I went to speak with them in person, because when I was signing the contract they said I have to bring the student card in for them to check it.

 

The last two payments have gone out around the 3rd of December/January.

 

The email correspondence is as follows:

 

- 03.01.2015 - I sent my first email to the Altrincham club with a request to cancel the contract.

- 05.01.2015 - The Altrincham club replied asking for a proof of change of address and requesting a one off cancellation fee of £100.

- 07.01.2015 - I agree to pay the fee and send them copies of two utility bills from my old and from my new place.

- 07.01.2015 - The reply that they "have been speaking to our head office about cancelling your membership and they wont allow us to cancel as your new address is within the 15 mile radius that is required for you to cancel."

 

Could you tell me honestly if I am pushing it and asking for too much by requesting to cancel the contract early? Would people normally settle for the higher fee and continue to travel 7 miles regularly despite the other closer options?

 

Regards,

 

- L

[slick132]

Hi Linik,

 

They wanted £100 just to cancel the agreement !!!! Sounds like daylight robbery to me !

 

You have 2 things in your favour that could allow you to cancel even though you're only 2 or 3 months into 1 12 month agreement :-

 

* They may have failed to exercise reasonable care in adjusting your DD to reflect your student status.

 

* They may not be able to apply a strict 15 mile "rule" to everyone.

 

So I do think you have a reasonable chance of cancelling and, if you want to do this, you will have to cancel the DD mandate direct with your bank.

 

A bit more info please :-

 

1, When did you first show them proof of your student status.

 

2. How would you travel to the gym now and roughly how long would the journey take, each way.

 

Edited July 19, 2015 by slick132

[linik]

Hi Slick,

 

Yes, £100 is a lot but £45 a month is even more.

 

When I was signing the contract I said I am a student, however I did not have my student card just yet so I went back 2-3 weeks later with it and tried to amend the contract.

 

I am using the Metrolink (a tram) for approximately 40 minutes one way door to door.

 

Thanks

[slick132]

I doubt they have any right to demand a £100 cancellation fee as it is a Penalty (unlawful and unenforceable). I wouldn't pay it.

 

Right, so you took in your Student Card in November so you could reasonably expect them to be taking the lower amount for the Dec'r and Jan'y DD's.

 

Do you want to cancel the DD and argue against paying more with our support.

 

[linik]

Hi,

 

I am thinking of writing to their head office and see what they answer. I am will not cancel the DD just yet, I assume the next payment will be in the beginning of February so I have some time to argue first.

 

The problem is I cannot find any of their contact details on the website, apart from an online form. Any clues?

 

- L

[slick132]

Hi Linik,

 

You need to decide what you want as a result and then act accordingly.

 

From what you've said, you will not be doing the tram journey to and from the gym.

 

Personally, I'd cancel the DD and then tell the gym you have had to do this because they failed to use it as agreed with their staff - ie to take reduced DD's that reflect your student status.

 

We can help you with the letter and, if you can't find a Head Office address, you can just write to the branch and tell them you want the letter fwd'd to the HO. Or call the gym and ask them for a HO address.

 

[slick132]

Thanks to Site Team Maroondevo52 :-

 

Total Fitness Head Office

 

Wilmslow Way,

Handforth,

Wilmslow,

Cheshire

SK9 3PE

[linik]

Hi,

 

Thanks for the address, Site Team!

 

All I want is to cancel the contract really and I think a letter will be the best way to do it. Any help will be appreciated.

 

- L

[slick132]

Hi Linik,

 

I think you should cancel the DD mandate with the bank and ask the bank to recall the January fee that was taken for the incorrect higher amount. The bank should do this without question when you instruct them quoting the DD Guarantee Scheme.

 

You could then send this letter to the gym's HO but get a free Certificate of Posting at the PO when you send it. You may think the letter is a bit strong but, unless you act confidently, they will just try to bully you.

 

Dear sir or madam,

 

I refer to my gym agreement with Altrincham Total Fitness gym, started in October 2014.

 

When I joined I did not have proof of my student status with me. It was agreed that I would take my Student Card to the gym, thus enabling them to reduce the monthly amount taken by DD each month. I produced the card in November and was told the December DD would be for the lower amount.

 

When the December fee was taken, it was for the original amount and I complained. I was told the manager had been absent but was assured that the next payment would be reduced accordingly.

 

The January 2015 payment was taken, still at the original higher amount.

 

I am a student on very limited income and cannot afford to have DD payments taken in excess of what was agreed. I do not have faith in the gym's admin to sort this out and have therefore cancelled the DD mandate with my bank.

 

I last used the gym in November so the December fee can be for the notice period. The DD just taken this month for the original amount will be reclaimed by my bank under the DD Guarantee Scheme.

 

If you make demands for any further payments, I will make a formal complaint to Trading Standards.

 

Yours faithfully,

 

[linik]

Thank you very much, Slick.

 

I will post the letter tomorrow and will let you know as soon as I get a reply.

 

- L

[linik]

Hi again,

 

I have tracked my letter and it has been delivered and signed for on the 13th January 2015. I have also claimed the refund from my Direct Debit today.

 

I have not heard anything back from the gym apart from a phone call yesterday from the Altrincham club saying that my Direct Debit has been cancelled. I explained I have asked the Head Office for a cancellation and they wanted to give me an email to contact about this, but I said I will stick to the post address I have.

 

Kind regards,

 

L

[slick132]

Hi Linik,

 

There was no need for you to discuss the matter when the gym called. In future, if the gym or their Head Office or any DCA call you, tell them you will discuss nothing by phone and they will have to write. Then hang up ! You have no obligation to talk to these people.

 

Let us know what response you get from the gym's HO and from the bank.

 

[linik]

Hi slick,

 

The bank refunded the money straight away, however I am still waiting for response from the gym.

 

I will let you know if I hear something back.

 

Thanks again,

 

L

[linik]

Hi again,

 

I just received a notice from debt collection and legal advisers requiring immediate payment of £269.88. Have you got any suggestions for counter-action or would you recommend paying the amount.

 

Kind regards,

 

L

[slick132]

Hi linik,

 

........ or would you recommend paying the amount.

 

I most certainly would NOT recommend paying them anything. The letter in post #13 above set out your case clearly and I see no need to change your stance.

 

You say, "I just received a notice from debt collection and legal advisers ........"

 

Please let us know who has contacted you, and what they said.

 

[linik]

Hi slick,

 

Thank you for the response. I have uploaded a photo of the letter here.

 

Any advice will be well appreciated!

 

Regards,

 

L

[slick132]

Thanks for the copy letter.

 

Letter to Regal Credit Consultants :-

 

I refer to your letter of 21st May.

 

I wrote to the gym about this matter on xxth January and they have failed to acknowledge or respond at all.

 

Accordingly, the matter is in clear dispute and the gym had no right to instruct you to contact me.

 

Any further contact or demand from you will be reported to Trading Standards for breach of The OFT Debt Collection Guidelines.

 

You have the proof of receipt in case anyone tries to say your letter was not received. But you do not need to disclose this for now.

 

[linik]

Thank you slick, I will post the letter tomorrow.

 

I do have a receipt of delivery for the letter to the gym, but hopefully this will be the end of it!

 

Kind regards

[slick132]

Hi Linik,

 

.......... hopefully this will be the end of it!

 

Other threads here suggest your optimism may be misplaced but I like your attitude !!

 

[linik]

Hi Slick,

 

I have received another letter from Regal Credit consultants, please see it here - photo.

 

It seems like Total Fitness have sent out a new contract to my old address on a discounted (student) rate, extended for a new 12-month period.

 

Would you be able to give any advice on the best thing to do from here?

 

Thanks,

 

L

[slick132]

Hi Linik,

 

Did the gym have your correct address when you wrote your letter to them in Jan 2015 (post #13).

 

If so, I'd reply to Regal saying :-

 

I refer to your letter of 10th June.

 

The gym failed to address my concerns and have no right to instruct you to seek payment from me.

 

I will not communicate with you further, and further demands from you will trigger complaints to Trading Standards and The CMA.

 

If the gym did NOT have your current address, come back here before replying to Regal.