Membership Cancellation issues - Nuffield Health Gym

[cmd83]

I’m hoping someone can advise me on where I stand.

 

In April 2014 I joined a Virgin Active gym. I signed up for a flexible membership which meant there was no tie in period. As long as I cancelled by the 17th of the month, no more fees would be taken.

In August 2014, Nuffield bought the gym.

 

In December 2015, I found out I was pregnant. I suffer from recurrent miscarriages so I did not want to continue my membership. On the 15th December I went in and spoke to a member of staff about cancelling. He filled out a form, but advised me that he would have to get the manager to call me as the Nuffield terms and conditions dictate that I have to cancel by the 1st. I argued that I did not sign new contract agreeing to that. The following day the manager called me and said that all members were sent new terms and conditions. After arguing with her for a while, she told me she’d contact her regional manager to sort it out and that she would call me back. That was the last I heard from her.

 

Yesterday, I received a letter saying I had 10 days from the date of the letter to make a payment (£60 - January's fee) as I had cancelled my direct debit. The date was 26th, yet I didn’t receive it until the 30th. It says if I do not pay they will pass it onto Creditlink Account Recovery Solutions Ltd.

 

I went to the gym to sort it out but the manager wasn’t there so I spoke to the duty manager. I explained the situation and he said he’d get the manager to call me the next day. But I haven’t heard from her yet.

 

My question is… am I bound to Nuffield’s new terms and conditions even though I haven’t signed a contract with them?

 

Sorry for waffling. Thanks in advance.

[Bazooka Boo]

In a word NO!

 

IMO that is.

 

Did they send you new T&C's and did you sign a new contract with the new owners?

 

If you didn't sign a new contract then let them flog it on to CARS, who have as much authority as next doors cat!

 

Keep OFF the phone when dealing with them in future, if you feel you need to spend your valuable time going in in person to discuss the situation, then ensure you get the names of anyone you talk to.

 

Personally, I would keep everything in writing, and address the gym direct, using their complaints procedure, and escalate it until you have the result you want.

 

If needs be complain to the CMA and your local trading standards about the gyms attitude to expectant mothers.

 

All the very best with your pregnancy too!

 

Don't be sli8ghtly bothered by or worried about the lame threat of a powerless debt collector, they can do absolutely zero, less for send intimidating letters, which have no meaning or legal basis.

[slick132]

Hi CMD and welcome to CAG

 

Read other threads here and you'll see there's a whole industry based on bullying gym members into paying money they usually don't owe.

 

If you joined under the old rules and you didn't sign a new agreement, then cancelling by the old rules is fine in my opinion.

 

However, I suspect you had to give 30 days notice when cancelling. So if you cancelled on 15th December, you should have paid one final fee on 17th Dec'r and then cancelled the DD mandate.

 

If you agree with this, you should write to the gym offering to pay the final fee ONLY when they confirm this will settle all that's due from you. Send this to the gym and keep a free Certificate of Posting from the PO counter when you post it.

 

If anyone calls you (the gym or any DCA), tell them you'll only deal with the matter in writing due to your need to avoid any stress.

 

Keep us posted and we'll help you.

 

[cmd83]

Thanks for your responses. No I haven't signed a new contract but they reckon they sent out copies of the terms and conditions to all new members. The contract I signed was for flexible membership, and the only notice required was to cancel by the 17th of the month to allow for the DD to be stopped. I'll follow the advice you've both given and keep it all in writing in future. I feel less intimidated by their threat to forward my details onto C.A.R.S now, so thanks again.

[slick132]

Hi CMD,

 

CARS have no power or authority and, if they get to a stage where they're harassing you, you can make formal complaints about them.

 

Do you have the old m/ship T&C's so you could check what's said about cancelling. We really need to know if they required 30 days notice or not.

 

[cmd83]

I've got them but no idea where unfortunately (not helpful I know). I'll have a look for them tomorrow though. However, I know that the selling point of that type of membership was that they didn't require any more notice than that. That's exactly why I chose it.

[slick132]

Hi CMD,

 

Please try to find the T&C's as this will help us establish your next best move.

 

I still think you would have needed to give 30 days notice to cancel but I'll be v happy to be proved wrong.