Change to terms and conditions help

[LesleyDeacanjason]

HI All

 

I signed up to a boot camp, stayed for over a year then went through the cancellation process,

which stated notify in writing and send back wrist band.

No notification of a fee extra.

 

I advised them due to health that i was cancelling, would send back the wrist bank,

and i have just paid a full month so that was ok.

 

They sent me a note back say they cannot accept my email as cancellation

i would have to go online to their form and fill it in.

 

Ok so got on there and filled in the form,

then saw it wanted me to accept new terms and conditions on cancellation!

 

 

No chance, so i got back to them said im not agreeing to new terms etc etc.

they tried to threaten me with third party etc but i told them getting someone to change terms on cancellation so you can then get payments including and amin fee is unlawful.

 

Can any of my CAG friends help with confirming the law on terms and condition changes,

i believed we should have been notified and acceptance given.

and that coercing people to sign on cancellation is unlawful.

But need the correct legal bits

 

thanks in advance

[dx100uk]

you are correct

its just a ruse to extort more money.

 

 

you owe nothing more

 

 

if you read a few threads here

you'll see its a common trick to say you cant cancel by email.

 

 

just watchout for the fake DCA letters.

they are NOT BAILIFFS!!

 

 

dx

[slick132]

Hi LD,

 

What gym or boot camp is this and who does the DD collection and admin.

 

We maintain that there are many acceptable ways to cancel a gym (or similar) m/ship agreement.

 

1. Exactly how did you give them notice to cancel.

 

2. On what date was this done.

 

3. How and when did you return the wrist band.

 

4. On what date was the DD normally paid.

 

[LesleyDeacanjason]

Thanks Both for the quick reply!

 

Cancellation was done in writing by email. when i sent the email i said i will send band back in the post. i had just paid one month payment with me not attending due to illness. 15th paid DD cancelled membership on the 18th.

Note came back saying dont send band back as we dont issue them any more (didnt know that) and to fill in the cancellation form online to complete the cancellation. Went online saw that they wanted me to accept new terms, so read them through and it was:

 

Cancellation – after the 4th month your membership contract will become rolling with a months notice required. As your membership is calculated in full months the following months payment will always be required. Eg, if your Direct Debit is due on 15th of the month and your cancellation is received on the 1st you will be required to pay 1 more full month. Cancellations must be notified by completing the cancellation form which can be found on our website under the FAQs heading.

 

Payments not collected will result in a £10.00 administration fee plus the outstanding payment for the month. We will use a third party to collect any monies owed, this will result in further charges being added.

 

We reserve the right to amend locations and times and will endeavor to inform you with sufficient notice. Regiment Fitness may also cancel a session in adverse weather conditions for the safety of our Members.

 

We will give you at least 10 working days notice of any change in membership fees, as per the Direct Debit Mandate Guarantee.

 

Cancelling your Membership

 

If you wish to cancel or suspend your membership and have been with us for 4 full months, simply fill out the form below.

Cancellation Form

There is a 1 full month cancellation notice, we will notify you via email when your last direct debit will be. Once this payment has been made you can then cancel your direct debit.

Payments not collected will result in a £10.00 administration fee plus the outstanding payment for the month. We will use a third party to collect any monies owed, this will result in further charges being added.

 

My terms and conditions were nothing like that, no way would i have signed, all mine said was:

 

To cancel send back your wrist band to below address, via recorded delivery. it takes 30 days from wrist band being received to cancel. Please make sure your covering letter has address

 

i refused to fill in the form, as there was no way i was accepting that. But i know a few including my sister who didn't know any better and signed as they were told they had to otherwise they could not cancel!

Edited February 23, 2016 by slick132

[slick132]

Hi LD,

 

Font colour changed above to make it legible.

 

From the T&C's above I assume this is about Regiment Fitness but who does the admin for them.

 

I suggest you owe a final month's fee. If you cancelled on the 18th of whatever month, you should have paid a final fee on 15th of the next month.

 

Read the post here for a letter you can adapt to suit your own case - http://www.consumeractiongroup.co.uk/forum/showthread.php?460421-CRS-Xercise4less-help-(&p=4865483&viewfull=1#post4865483

 

Post a draft here if you want, before sending it following the same advice about proof of postage.