gym membership

[dazza3956]

Hi,haven't posted in here for a long time

 

I joined a gym back last year and the 12 month deadline was up in april this year .

 

I received a letter from the gym stating i owed them money after the 12 months

 

. I replied asking them for a signed copy of the agreement/contract which I know I haven't signed one .

 

Now i've had a letter from Daniel Silverman debt collectors saying I owe a lot more money .

 

Wrote to them saying the same about sending me a signed agreement so just waiting for a reply.

 

Just wondering if there's any advice on what they would normally do

and if anybody has had dealings through a gym with these people before

Thanks

Dazza

[lookinforinfo]

You are covered by the Consumer Contract Regulations which came into force in June 2014.

 

see if you were given that information on joining.

 

If not then it maybe that your cancellation rights could be extended by up to a year.

 

Do you have a copy of their Terms and conditions and is there anything that requires you to keep on paying after cancellation.

 

Are you sure the contract was for twelve months and did you send in a cancellation letter back in April?

 

Have they stated why you are still incurring charges and which gym company is it please?

[dx100uk]

Moved to the gym forum

 

You can ignore the silly RCA's or their fake/tame solicitors

 

All you might owe is 1 month

[lookinforinfo]

There is another angle you could look at.

 

 

Some gym contracts that have monthly payments may be governed by the Consumer Credit Act and some companies' forms do not comply with the Act which means they are only enforceable by an order of the Court.

 

You may also be covered by the Unfair terms in a Consumer credit agreement but more information as to the type of agreement that you made with the gym is necessary.

It would be surprising if you had not signed an agreement.

 

Also if the contract did come under the Consumer credit act you would need to send them a £1 payment to receive a copy.

[dazza3956]

thanks for the replies .

i didn't receive anything from the gym in the way of contract/terms and conditions .

 

 

i filled in bank details for standing order and that was about it.

 

i just stopped the standing order after 12 months was up.

 

haven't a clue what the terms and conditions of the gym are .

 

what is my next step ?

should i just wait for their reply or send a different letter than just the one i sent asking for a signed copy of the agreement which i know they won't have.

 

thanks again

dazza

[slick132]

Hi Dazza,

 

1. What gym is this about.

 

2. Did you give any notice to the gym or their admin company about cancelling.

 

3. If you gave them notice, was this by letter, email, phone, in person; and on what date.

 

4. What date did you join the gym.

 

5. What date was the DD usually paid.

 

6. What was the last date a DD was paid.

 

7. When did you cancel the DD.

 

Don't make any further contact with Dan Silverman until we know more. They are trying to help themselves, not help you !! If they call you, just hang up as they have no power or authority.

 

There's no credit agreement involved so a CCA request in inappropriate.

 

When we know what gym this is, and you answer the Q's above, we'll be able to advise properly.

 

[dazza3956]

hi .

its a local gym called physique gym in bridgend south wales.

the first payment i payed by debit card and the other 11 months i paid by direct debit

i didn't write to the to cancel or phone i just thought because 12 months had finished i could stop the direct debit .

the direct debit was paid around the beginning of the month.

maybe i was a bit silly not informing them but i didn't have any contract to go by or terms and conditions . the terms on their website don't state anything about payments .

thanks

dazza

[slick132]

Hi Dazza,

 

For future reference see the guide here about cancelling, not just for gyms but for any agreement, membership, etc - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(1-Viewing)-nbsp

 

Most gyms agreements require a month's notice when cancelling and I suggest you now offer to pay a final fee to the gym to cover what you should have paid.

 

See the draft letter here that you can adapt and use for your case - http://www.consumeractiongroup.co.uk/forum/showthread.php?464998-Xercise4less-crs-spratt-edicott-once-again&p=4815303&viewfull=1#post4815303

 

Send the letter to the gym (addressed to the manager) and get a free Certificate of Posting at the PO. Or take the letter into the gym and get a member of staff to sign a copy of the letter as proof of receipt by them.

 

Ignore Dan Silverman completely for now and let us know how the gym replies.

 

[dazza3956]

ok will do as advised .thank you for your advice .will let you know how it goes.

thanks

dazza