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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

36 month gym contract


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Hi all,

 

I've been directed here from reddit. Reading a few threads i think i have my answer but want to make sure i am ok to cancel my DirectDebit

 

So 2yrs ago i signed up to a local gym (Choices health club - Derby)i was told it was a special offer at £20 a month due to a grant of some sort. Today i emailed them stating i would like to cancel with immediate effect as i've not been in over a year, to which they respond to say its a 36 month contract and i have 1 year left!?

 

However i was not told this was a minimum term of 36 months! However after reviewing the T&Cs it does state its a 36 months term. I think 36 months i a very unfair term as anything can change in that period.

 

Can i cancel my direct debit worry free or do i need to go about this another way?

 

Thanks for your help

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Yes, you are quite right. 36 months is far too long and it is unfair.

 

Send them a letter telling them that you are cancelling the contract because it is unfairly long. Tell them that as a gesture of goodwill you are giving them one months notice and you are cancelling your direct debit.

 

Get ready for a debt collection letters et cetera threats. Come here when you get them – but don't worry about them.

 

Cancel your direct debit the bank. Best to read our customer services guide first. Implement the advice there and then cancel the direct debit. Confirm the cancellation in writing.

 

If the bank causes you any problems then begin a formal complaint and come here and tell us.

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Nice of Reddit to refer you here. Can you give us the link of the post which recommended you.

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Hi Hobo and welcome to CAG

 

Any gym agreement longer than 12 months is now deemed to be unfair to you as a consumer.

 

Despite what Bankfodder has said above, I suggest that you can cancel the agreement and the DD mandate without giving a month's notice - on the basis that the 36 month m/ship agreement was unfair and not enforceable.

 

I therefore suggest you cancel the DD mandate via your bank immediately to stop further DD's being taken.

 

Was this the Allestree or the Raynesway gym.

 

No doubt you will be contacted by the gym and/or their admin company when they find the DD has been stopped. Let us know what they say and what admin Co is involved.

 

Read other threads here for confirmation that gym cases do NOT result in court action, bailiffs or adverse CRA reports.

 

:-)

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Yes, you will be best off following the advice given by slick132. He is much more up on this kind of thing than me. I suppose I am being overcautious

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Hi Hobo and welcome to CAG

 

Any gym agreement longer than 12 months is now deemed to be unfair to you as a consumer.

 

Despite what Bankfodder has said above, I suggest that you can cancel the agreement and the DD mandate without giving a month's notice - on the basis that the 36 month m/ship agreement was unfair and not enforceable.

 

I therefore suggest you cancel the DD mandate via your bank immediately to stop further DD's being taken.

 

Was this the Allestree or the Raynesway gym.

 

No doubt you will be contacted by the gym and/or their admin company when they find the DD has been stopped. Let us know what they say and what admin Co is involved.

 

Read other threads here for confirmation that gym cases do NOT result in court action, bailiffs or adverse CRA reports.

 

:-)

 

Done and thank you for the reply. It was the Allestree branch. I'll keep you all informed

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Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)

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  • 4 weeks later...
Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)

 

Got my first email from:

 

Bespoke Direct Debt Services

Service User Number: 406492

Service User Name: Debit Finance Collections Plc

 

 

"Account Name: X.XXXXXXX

Reference Number: XXXXXXXXXXX - Choices Health Club

Notification of Unpaid Direct Debit Payment

 

We would like to inform you that we have been unable to collect your payment due on 1st January 2019 for your membership of Choices Health Club.

 

As you have missed a payment, click on the following link to make a payment online: pay(dot)debitfinance(dot)co(dot)uk or contact us on 01908 422 007

 

Please note that your 1st January 2019 payment for £35.00 (including a £15.00 late payment charge) must reach us within 7 days of the date of this email. If we have to send you a second reminder you will incur a further fee of £15.00, as per the terms of your agreement.

 

Your next Direct Debit payment will be taken from your account on or after 1st February 2019. If we do not have valid Direct Debit details we suggest you contact us to update your records.

 

Thank you for your anticipated co-operation.

 

Yours sincerely

 

Administration Team

 

 

Please do not reply to this email, emails will not be monitored."

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Hi Hobo,

 

I suggest you simply ignore this email and wait until someone sends you a written letter or demand.

 

When they do that, we'll suggest a letter in reply which will refer to the 2011 High Court ruling against AMSL. See this Sticky for more info on this - https://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months(1-Viewing)-nbsp

 

Don't worry about the threat to add more admin fees as they are not enforceable.

 

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  • 1 month later...
On 12/12/2018 at 9:57 AM, slick132 said:

Noted and let us know when an admin or collection Co contacts you.......

 

........ but don't reply to them until we know who it is and what they say.

 

:-)

Hey Slick,

I got this in the post today... Advice welcome. I presume ignore and keep a log?

20190301_123029.jpg

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A dca is not a bailiff and have ZERO LEGAL powers on any debt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I suggest you send a letter to reply as follows :-

Dear sir or madam,

I refer to your demand for £345.00 which will not be paid.

The 2011 High Court ruling made by Mr Justice Kitchen in the case of The OFT v Ashbourne Mgt Services Ltd made it very clear that a 3 year membership agreement is not enforceable and that is why I cancelled the DD mandate without notice.

If you make further demands in this matter, a formal complaint will be made against DFC and the gym.

Yours faithfully

Get a free Cert of Posting at the PO when you send this.

Keep us posted. 😎

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Oh, and thanks for confirming your username has nothing to do with your real name 👍

We could do with some help from you

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Thanks !:-)

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social embarrassment always works.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Hobo,

 

I suggest you post on their FB Page and Twitter that their 3 year m/ship is no longer reasonable after the High Court Case of The OFT V AMSL in 2011 where any gym m/ship longer than 12 months was deemed unreasonable and unenforceable.

For the Tweet, you could shorten it to, "Gym m/ships over 12 months - not enforceable per High Court case against AMSL in 2011"

😎

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 4 weeks later...

Hi Hobo,

 

I suggest their interpretation of the AMSL case and Ruling is wrong and you could reply as follows :-

 

Dear sir or madam,

 

I refer to your letter of 28th March.

 

I disagree with your interpretation of the High Court ruling in 2011 and will not make any further payment to you but may report further demands to the relevant authorities due to you continuing to offer 3 year contracts.

 

Yours faithfully,

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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