Can I cancel gym credit renewal before the renewal date?

[Miss Snaff]

My gym membership at a local gym is due on 10/2/2007 and upon seeing a special renewal offer in "November only" I signed a new fixed sum loan agreement and gym contract. The 1st instalment of this agreement is due to commence on 10/03/07, this being one month after the renewal date.

 

My question is whether I am now tied into this agreement or can I cancel the agreed renewal - I have obviously not benefitted from it's services for the forthcoming agreement yet.

 

I appreciate any advise on this as I feel the gym and finance company will say I am tied in. The credit agreement says on that it cannot be cancelled under the Consumer Credit Act 1974 - is this the case even when I have not had use of the service yet??

 

Many Thanks

[Miss Snaff]

Any assistance on this please?

 

I know not really relevant to the credit agreement but it is not just a case that I saw a good deal in November and then suddenly changed my mind about going to this gym, I have now had my car broken into twice and lots of gangs have started hanging around, I feel very intimidated when walking alone to the car park.

 

Thanks again.

[LJL]

Hmmm, who is the contract with? Leisure Finance by any chance? I spent 13 yrs working in gyms including owning one.

 

Part of that time was working in a gym as a Salesman / membership advisor signing people up to such agreements (governed by the CCA) If it is with Leisure finance (the company I was using) I had the power to contact them and cancel the agreement under a number of conditions e.g. a serious complaint that could not be resolved, the members circumstances drastically changing e.g. moving away, losing job or a medical condition.

 

To be honest, I cancelled agreements to anyone who asked as I did not find them fair to members.

 

A lot of the larger gym chains will enforce the agreement rigidly, however last year I signed up for 12 months for a well known chain, didnt go once (!!!) and after a few months fabricated a complaint that was beyond resolve and they agreed to cancel the agreement (all in one phonecall)

 

If you give me some further details, I might be able to help.

[Miss Snaff]

Thanks LJL, the gym is a local one and the credit agreement is/going to be with Ashburn Financial Services Ltd. I am seeing the gym manager tomorrow and hope he will just say fine and cancel the direct debit, doubt it however!

 

I assme the gym gets paid a lump sum from the financial company and then we simply pay them back with the interest on being their profit. I suppose the gym could just give the financial co their money back?

 

Is this easier to get out of as I have not yet reached my gym renewal date to which the contract applies? Doesn't there have to have been something received by myself i.e gym access?

 

Thanks again and to anyone else.

[meggyweggy]

If the agreement is with a financial services ltd company i would have thought that there would be some provision for cancelling it

[LJL]

I think you are right by seeing the gym manager, I would certainly tell him that you are moving out of the area, hence the need to cancel, try the nice and polite approach first and take it from there, most gyms are very customer focused so should be okay, let me know how you get on....

[meggyweggy]

Another approach would be say that you have had some medical problems and feel at this time you may be best not using the gym, i would imagine they would be more than happy to cancel you membership rather than have you keel over in there gym tends to be bad publicity

[LJL]

Yep, also a good idea - plus you don't have to go into too much detail also!

 

Gym managers are trained in member retention, he or she will offer to freeze the membership or to offer to re-motivate you with new exercise programmes etc, but stand by your ground and you should be okay....

[tim2718281]

The credit agreement says on that it cannot be cancelled under the Consumer Credit Act 1974

 

That sounds odd.

 

I thought they were supposed to give you written details of your right to cancel, and then give you those written details again. You can cancel within five days of receiving the second notification.

 

Perhaps there's some reason why that does not apply in this case.

 

Tim

[Miss Snaff]

Is the idea being that because the financial co has paid the gym I have to repay them or they will be out of pocket - unless the gym reimburses the financial company of course.

 

Will have to see what the gym says tonight and maybe look into further if need some loophole etc on credit agreements!

 

Thanks.

[LJL]

I was told by Leisure Finance, that because the CCA is signed on site (i.e. the gym) that there was 'no cooling off' period therefore right to cancel etc is not valid.

[Miss Snaff]

Good news, the gym manager agreed to cancel the renewal,credit agreement and returned my deposit.

 

Good job really as sounds tricky to get out of once signed!

 

Thanks all.