Cancellation notice only after contract ends

[suburban knight]

Hi All,

 

Hoping you might be able to provide some advice here.

 

I signed a 12 month gym contract on the 1st January 2016 and like most people who get sucked in, hardly used the facilities and decided I wouldn't renew.

 

In October I gave notice to terminate the contract on the 1st January 2017.

 

Now the club have said I still owe them for the month of January because I can only give 30 days notice AFTER my 12 month contract has ended?

 

Is this common practice?

 

I've never had a contract like this before.

 

Thanks

SK

[BankFodder]

It has to be complete nonsense.

 

What is the name of the gym. Please can you post up their terms and conditions or at least post a link to them.

[suburban knight]

Thanks for you reply BankFodder, I'm not going crazy then.. The gym is part of 'the club company'. I can't find a copy of their terms and conditions anywhere but asked for a copy and my contract from them earlier. As soon as I have a copy I will fire it up.

[BankFodder]

Have they explain their cancellation rule to you in writing? Or was it simply on the phone? If it was on the phone then presumably you recorded the call.

[dx100uk]

Ignore them

They or more importantly I'll guess Harland's?

Are talking bs

[suburban knight]

I have it on email. This is the exact wording given in the reply to notice in October

 

'Under the terms of our membership agreements, and across The Club Company group, all Health and Fitness members are committed for the first twelve months of membership.

 

 

After the first year Health and Fitness members may cancel provided they have given the Club at least one calendar month’s written notice of their intention to do so, to expire at the end of a calendar month.

 

I have arranged for your memberships to be cancelled with effect from 1 February 2017 and your last payment will be on or around the 1 January 2017.'

 

I hadn't given it a thought until I cancelled the direct debit in December and they can go after me for the extra month.

 

 

When I contested they repeated again that they require 30 days notice which in my eyes I had already given.

 

 

Perhaps I am just interpreting incorrectly but seems strange that my 12 months started 1st Jan and supposedly will be cancelled 13 months later not 12 despite giving well over the notice required.

 

 

I have asked them to clarify and provide a copy of my contract.

[slick132]

Hi SK and welcome to the CAG Forums.

 

Was there an admin company involved in handling the m/ship - culprits we often come across are Harlands and Ashbourne Mgt Svs Ltd.

 

It's now generally accepted (after the AMSL High Court Test Case in 2011) that any gym agreement that commits you to paying for more than 12 months is unfair to you as a consumer and can be cancelled without further liability.

 

I'd like you to reply to their email saying :-

 

Thank you for your email of xxdate. Unfortunately, I do not have a copy of the gym membership Terms and Conditions.

 

To enable me to consider my position about payment properly, please send me a copy of the T&C's by post, or send me a link so I can access them on the internet.

 

In the meantime, please make sure I receive no further demands for the January 1st payment you believe I owe.

 

Ignore any demands they make in the meantime and stay OFF the phone.

 

This will not affect your credit rating, or affect you in any material way.

 

Keep us posted.